In Re: 43rd Judicial District Declaration of Judicial Emergency (Monroe County)- 38 MM 2020

• Court: Supreme Court of Pennsylvania
• Decided: August 23, 2021
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

IN RE: 43RD JUDICIAL DISTRICT : No. 38 MM 2020 DECLARATION OF JUDICIAL : EMERGENCY (MONROE COUNTY) :

ORDER

PER CURIAM

AND NOW, this 23rd day of August, 2021, the Petition for Emergency Judicial

Order Pursuant to Pa.R.J.A. 1952(B)(2) is DENIED, WITHOUT PREJUDICE.

The instant Petition seeks permission for the President Judge of the Forty-Third

Judicial District to suspend, through December 31, 2021, procedural rules that limit the

use of advanced communication technology (ACT).

Notably, however, the instant Petition does not sufficiently detail how the Forty-

Third Judicial District is presently experiencing a county-specific judicial emergency

justifying the requested relief under Rule of Judicial Administration 1952(B)(2). For

instance, the Petition provides no particularized data as to how the pandemic is presently,

and adversely, affecting the Forty-Third Judicial District’s capacity to function normally

under the general limitations on the use of ACT. Nor has the Petition identified a peculiar

concern relative to the Monroe County prison that would support continued suspension

of ACT limitations.

Respectfully, absent such detailed information, the Petition fails to establish that

the Court of Common Pleas of Monroe County is presently experiencing a judicial

emergency that would necessitate conferring the requested authority on the President

Judge pursuant to Rule of Judicial Administration 1952(B)(2).