In re: 51st Judicial District Judicial Emergency Order (Adams County) - 51 MM 2020

• Court: Supreme Court of Pennsylvania
• Decided: August 26, 2021
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

IN RE: 51ST JUDICIAL DISTRICT : No. 51 MM 2020 JUDICIAL EMERGENCY ORDER (ADAMS : COUNTY) :

ORDER

PER CURIAM

AND NOW, this 26th day of August, 2021, the Request for Emergency

Judicial Order is DENIED, WITHOUT PREJUDICE.

The instant Request seeks permission for the President Judge of the Fifty-First

Judicial District to declare an open-ended judicial emergency in that judicial district, with

the President Judge relatedly being authorized to take any actions permitted by Rule of

Judicial Administration 1952(B)(2). Additionally, the Request asks that the President

Judge of the Fifty-First Judicial District be permitted to suspend Rule of Criminal

Procedure 119, which limits the use of advanced communication technology (ACT), until

September 30, 2021.

Notably, however, the instant Request does not sufficiently detail how the Fifty-

First 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 Request provides no particularized data as to how the pandemic is

presently, and adversely, affecting the Fifty-First Judicial District’s ability to function

normally under the general limitations on the use of ACT.

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

the Court of Common Pleas of Adams 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).

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