PUBLIC NOTICE As required by the Pennsylvania Constitution and

Transcription

PUBLIC NOTICE
As required by the Pennsylvania Constitution and pursuant to the Pennsylvania
Supreme Court’s mandate to undertake a review of the Magisterial District Judges’
boundaries no less than once every ten (10) years, the Fifty-Sixth Judicial District has
completed its review and, based on caseload and workload statistics, the President Judge
is recommending the realignment of Magisterial District Courts 56-3-01, 56-3-02 and 563-03 and the reestablishment of 56-3-04. This realignment will provide a more even
distribution of workload among the four (4) offices in Carbon County.
As required by the Pennsylvania Supreme Court guidelines, this proposed plan is
being made available to the citizens of Carbon County for review on-line at
www.carboncourts.com and at the Office of the Court Administrator, Carbon County
Courthouse, 4 Broadway, Jim Thorpe, Pennsylvania. All comments must be submitted
in writing (NO EMAILS OR PHONE CALLS) by Monday, March 19, 2012 to:
Roberta L. Brewster
District Court Administrator
Carbon County Courthouse
4 Broadway
P. O. Box 131
Jim Thorpe, PA 18229-0131
JUDICIAL DISTRICT SUMMARY WORKSHEET
PLEASE SUBMIT ONE COPY OF THE JUDICIAL DISTRICT SUMMARY WORKSHEET.
To enter data, press TAB to move between fields.
I.
JUDICIAL DISTRICT NUMBER:
A.
B.
II.
56
Wh
at is the class of county?
6
Wh
at is the percentage difference in the average
annual caseload between this judicial district
and the applicable class of county?
76%
PROPOSED ACTIONS:
A. List existing magisterial districts:
56-3-01, 56-3-02, 56-3-03, 56-3-04
B. Does this judicial district have an annual
average caseload that is ten percent above the
average caseload for the applicable class of
county?
1. If the answer to II. B. above is NO, are
eliminations proposed?
a) List magisterial districts proposed for elimination.
YES
Choose Yes or No
b)If no eliminations are proposed based on II. B. above, what are the factors
for this decision?
2. If the answer to II. B. above is YES, are
eliminations proposed?
NO
a) List magisterial districts proposed for elimination.
C. Are any magisterial districts proposed for
reestablishment?
YES
1. List magisterial districts proposed for reestablishment.
56-3-04
D. Are any magisterial districts proposed for
realignment?
YES
1. List magisterial districts proposed for realignment.
56-3-01, 56-3-02, 56-3-03
Judicial District Summary Worksheet 2011-12
rev. 11-21-11
Page 1 of 2
JUDICIAL DISTRICT SUMMARY WORKSHEET
III.
NIGHT AND CENTRAL COURT OPERATIONS
A. Is there a night court operating within the
judicial district?
NO
B. Is there a central court operating within the
judicial district?
NO
C. Note comments regarding how night, central or other similar court programs
impact operations within the judicial district.
IV.
PUBLIC COMMENT
A. A request for public comment was posted:
B. Comments were received:
C. Comments are attached:
V.
YES
Choose Yes or No
Choose Yes or No
ADDITIONAL REMARKS CONCERNING PROPOSAL:
Carbon County has the highest average caseload for all sixth class counties. A
comparison of Carbon County's four Magisterial District Courts to other sixth class
counties reveals that in most instances Carbon County exceeds most counties by more
than 10%. A review of the workload, however, does show a disparity among the four
offices. Magisterial District Court 56-3-01 has the highest number of criminal,
landlord/tenant and miscellaneous cases which require additional time to process.
Magisterial District Court 56-3-04 has the highest number of filings in Carbon County
with traffic cases accounting for 88% of the total caseload due to Interstate 80 and the
Pennsylvania Turnpike located in this area. Traffic cases, however, do not require a
large amount of judicial time to get the case to disposition as compared to criminal and
other types of cases. Because Magisterial District Court 56-3-03 is 18% lower in
workload, this proposal realigns boundaries to take some of the workload from
Magisterial District Courts 56-3-01 and 56-3-02 in order to provide a more equitable
workload among the four Magisterial District Court Offices.
VI.
DATE SUBMITTED TO AOPC:
VII.
PRESIDENT JUDGE NAME:
Roger N. Nanovic
Signature
Judicial District Summary Worksheet 2011-12
rev. 11-21-11
Page 2 of 2
MAGISTERIAL DISTRICT REESTABLISHMENT WORKSHEET
PLEASE SUBMIT ONE COPY OF THIS WORKSHEET FOR EACH MAGISTERIAL DISTRICT.
I.
MAGISTERIAL DISTRICT COURT NUMBER (#####):
II.
BREAKDOWN OF MAGISTERIAL DISTRICT - CASELOAD
III.
56-3-01
A. Average Total Caseload:
4,973
B. Difference (%) between this magisterial district’s
average total caseload and your judicial district’s
average total caseload:
-13%
C. Difference (%) between this magisterial district’s
average total caseload and applicable class of
county’s average total caseload:
52%
BREAKDOWN OF MAGISTERIAL DISTRICT - WORKLOAD
A. Average Total Workload:
41,742
average total workload and the judicial district’s
average total workload:
15%
C. Does this magisterial district have an average
total workload that is fifteen percent greater
than or less than any other magisterial district
within your judicial district:
YES
D. If YES, how does this difference impact workload equity within your judicial
district?
This District Court has the highest number of criminal, landlord tenant and
miscellaneous cases, which require additional time to process. The transfer of
Mahoning Township Voting Districts 35 (Mahoning) & 36 (New Mahoning) to
Magisterial District Court 56-3-03 will lower this Court's total filings and
equalize the workload.
IV.
PROPOSED CHANGE:
A. Please indicate any proposed change in this
magisterial district. Check all that apply.
B. What is the proposed effective date (m/d/yyyy):
Magisterial District Reestablishment Worksheet 2011-12
rev. 11-21-11
Reestablish
Realign
Eliminate
1/1/2013
Page 1 of 2
V.
MAGISTERIAL DISTRICT INFORMATION:
A. Magisterial District Judge Name: Edward M. Lewis
B. Term Expiration (m/d/yyyy):
1/1/2018
C. Mandatory Retirement Date (m/d/yyyy):
1/10/2024
D. Office Location (Street, City and Zip code):
340 Center Avenue
Jim Thorpe 18229
E. Is the office within the boundaries of the
magisterial district:
YES
F. Is the residence of the magisterial district judge
within the boundaries of the magisterial district:
YES
G. List any police departments located within this magisterial district:
Lehighton Borough, Jim Thorpe Borough, Mahoning Township, Weissport
Borough, PA State Police - Lehighton, PA State Police - Fern Ridge, PA State Police
- Pocono
H. List any major highways within this magisterial district:
Route 209, Route 903, Route 476, Route 443
VI.
LIST EXISTING MAGISTERIAL DISTRICT MUNICIPALITIES:
Lehighton Borough, Jim Thorpe Borough, Mahoning Township, Weissport
Borough, Penn Forest Township
VII.
LIST PROPOSED MAGISTERIAL DISTRICT MUNICIPALITIES:
Lehighton Borough, Jim Thorpe Borough, Mahoning Township (Voting District
38 - Packerton/Jamestown Only), Weissport Borough, Penn Forest Township
VIII.
ADDITIONAL COMMENTS:
A realignment of Mahoning Township Voting Districts 35 (Mahoning) and 36
(New Mahoning) is necessary to equalize the workload at Magisterial District
Court 56-3-03. This change will result in Magisterial District Court 56-3-01
showing a variance of less than the current 15%.
PLEASE SAVE A COPY OF THIS WORKSHEET PRIOR TO ENTERING DATA FOR THE NEXT MAGISTERIAL DISTRICT.
rev. 11-21-11
Page 2 of 2
I.
II.
III.
56-3-02
5,882
2%
80%
40,520
12%
NO
district?
IV.
PROPOSED CHANGE:
V.
Reestablish
Realign
Eliminate
1/1/2013
A. Magisterial District Judge Name: William J. Kissner
rev. 11-21-11
1/1/2018
Page 1 of 2
9/29/2036
401 Delaware Avenue, 2nd
Floor
Palmerton 18071
YES
YES
Franklin Township, Palmerton Borough, PA State Police - Lehighton, PA State
Police - Pocono
Route 209, Route 248, Route 476, Route 895
VI.
Bowmanstown Borough, East Penn Township, Franklin Township, Lower
Towamensing Township, Palmerton Borough, Parryville Borough, Towamensing
Township
VII.
Bowmanstown Borough, Franklin Township, Lower Towamensing Township,
Palmerton Borough, Parryville Borough, Towamensing Township
VIII.
The transfer of East Penn Township to District Court 56-3-03 will help to
equalize the workload and case filings for this court and will result in a more
uniform distribution of work among the four Magisterial District Courts.
rev. 11-21-11
Page 2 of 2
I.
II.
III.
56-3-03
3,370
-41%
3%
29,609
-18%
YES
district?
This District Court has the lowest volume of cases which creates a disparity in
workload among the Magisterial District Courts. The transfer of Mahoning
Township Voting Districts 35 (Mahoning) & 36 (New Mahoning) and East Penn
Township to this Magisterial District Court will help equalize the filings and
workload in Magisterial District Courts 56-3-01 and 56-3-02.
IV.
PROPOSED CHANGE:
rev. 11-21-11
Reestablish
Realign
Eliminate
1/1/2013
Page 1 of 2
V.
A. Magisterial District Judge Name: Casimir T. Kosciolek
1/1/2018
12/5/2033
417 East Ridge Street
Lansford 18232
YES
YES
Lansford Borough, Nesquehoning Borough, Summit Hill Borough, Mahoning
Township, PA State Police Lehighton, East Penn Township, PA State Police
Pocono
Route 209, Route 54, Route 902 -- With the transfer of Mahoning and East Penn, it
will also include Route 443, Route 476 and Route 895
VI.
Lansford Borough, Nesquehoning Borough, Summit Hill Borough
VII.
Lansford Borough, Nesquehoning Borough, Summit Hill Borough, Mahoning
Township Voting Districts 35 (Mahoning) And 36 (New Mahoning), East Penn
Township
VIII.
A realignment of Mahoning Township Voting Districts 35 (Mahoning) and 36
(New Mahoning) and East Penn Township is necessary to equalize the workload
at this Magisterial District Court. This change will allow Magisterial Distict Court
56-3-03 to fall within the +/- 15% variance for workload equalization.
rev. 11-21-11
Page 2 of 2
I.
II.
III.
56-3-04
8,760
52%
168%
33,298
-8%
NO
district?
IV.
PROPOSED CHANGE:
Reestablish
Realign
Eliminate
V.
1/1/2013
A. Magisterial District Judge Name: Joseph D. Homanko
rev. 11-21-11
1/3/2016
Page 1 of 2
8/1/2032
200 Carbon Street
Weatherly 18255
YES
YES
Beaver Meadows Borough, Kidder Township, Weatherly Borough, PA State Police
Hazleton, PA State Police Fern Ridge, PA State Police Pocono, PA State Police
Swiftwater
Route 80, Route 476, Route 93, Route 940, Route 903, Route 534
VI.
Banks Township, Beaver Meadows Borough, East Side Borough, Kidder
Township, Lausanne Township, Lehigh Township, Packer Township, Weatherly
Borough
VII.
No Change -- Banks Township, Beaver Meadows Borough, East Side Borough,
Kidder Township, Lausanne Township, Lehigh Township, Packer Township,
Weatherly Borough
VIII.
This Distict Court has the highest number of filings in Carbon County but traffic
cases account for 88% of the total caseload keeping the workload within the +/15%.
rev. 11-21-11
Page 2 of 2
2011-12 Magisterial District Reestablishment
ANALYSIS
Table 1 shows the average caseloads for Carbon's four Magisterial District Courts. This is calculated by totaling the
average caseload for all case types for each Magisterial District Court.
Table 1
AVG
Judicial Dist. 56
CR
NT
PC
TR
CV
LT
MD
Caseload
258
984
33
3,983
361
77
50
5,746
AVERAGE
MDJ-56-3-01
4,973
378
1,017
13
2,815
567
108
75
MDJ-56-3-02
5,882
301
1,090
44
3,873
420
72
82
MDJ-56-3-03
3,370
208
1,315
35
1,523
176
91
22
MDJ-56-3-04
8,760
147
514
40
7,720
281
39
19
Carbon's average caseload is 5,746. When you compare each magisterial district court to Carbon's average, Magisterial
District Court 56-3-01 is 13% less than the average caseload, Magisterial District Court 56-3-02 is 2% above the average
caseload, Magisterial District Court 56-3-03 is 41% less than the average caseload and Magisterial District Court 56-3-04
is 52% above the average caseload.
Table 2
AVG
Judicial Dist. 56
Variance
Caseload
5,746
AVERAGE
MDJ-56-3-01
4,973
-13%
MDJ-56-3-02
5,882
2%
MDJ-56-3-03
3,370
-41%
MDJ-56-3-04
8,760
52%
ajk/2/13/2012
1 of 7
Carbon's Analysis
ANALYSIS
Table 3 compares the percentage of difference, either positive or negative, in each Carbon County Magisterial District
Court to the average caseload of all other sixth class counties.
Table 3
Judicial Dist. 56
MDJ-56-3-01
MDJ-56-3-02
MDJ-56-3-03
MDJ-56-3-04
AVERAGE
Judicial Dist. 56
MDJ-56-3-01
MDJ-56-3-02
MDJ-56-3-03
MDJ-56-3-04
AVERAGE
Judicial Dist. 56
MDJ-56-3-01
MDJ-56-3-02
MDJ-56-3-03
MDJ-56-3-04
AVERAGE
ajk/2/13/2012
AVG
Caseload
Adams
Armstrong
Bedford
4,685
6%
26%
-28%
87%
3,102
60%
90%
9%
182%
4,795
4%
23%
-30%
83%
AVG
Caseload
4,973
5,882
3,370
8,760
5,746
Columbia
4,690
6%
25%
-28%
87%
Crawford
2,577
93%
128%
31%
240%
Elk
3,002
66%
96%
12%
192%
AVG
Caseload
McKean
4,973
5,882
3,370
8,760
5,746
4,973
5,882
3,370
8,760
5,746
2,045
143%
188%
65%
328%
Mifflin
Pike
2,872
73%
105%
17%
205%
2 of 7
2,866
74%
105%
18%
206%
Bradford
2,929
70%
101%
15%
199%
Clarion
3,197
56%
84%
5%
174%
Huntington
Greene
2,838
1,727
75%
188%
107%
241%
19%
95%
209%
407%
Somerset Susquehanna
4,238
17%
39%
-20%
107%
2,291
117%
157%
47%
282%
Clearfield
4,066
22%
45%
-17%
115%
Clinton
3,283
51%
79%
3%
167%
Indiana
Jefferson
4,378
3,730
14%
33%
34%
58%
-23%
-10%
100%
135%
Tioga
2,541
96%
131%
33%
245%
Venango
2,612
90%
125%
29%
235%
Carbon's Analysis
ANALYSIS
Judicial Dist. 56
MDJ-56-3-01
MDJ-56-3-02
MDJ-56-3-03
MDJ-56-3-04
AVERAGE
AVG
Caseload
4,973
5,882
3,370
8,760
5,746
Warren
1,950
155%
202%
73%
349%
Wayne
2,165
130%
172%
56%
305%
Carbon County has the highest average caseload for all sixth class counties. A comparison of Carbon County's four
magisterial district courts to other sixth class counties reveals that in most instances Carbon County exceeds most
counties by more than 10%. In Table 3, cells that are marked in blue indicate six other sixth class counties where the
average caseload is within 10% of a magisterial district court in Carbon County. Cells marked in red show that
Magisterial District Court 56-3-03 has an average caseload that falls below the average annual caseloads of seven other
counties of the same class. The average magisterial district court caseload in Carbon County (5,746) exceeds the
average magisterial district court caseload of all other counties in the state (3,263) by more than 76%.
ajk/2/13/2012
3 of 7
Carbon's Analysis
ANALYSIS
Table 4 shows that Carbon County's average caseload is 5,746 as compared to the average 6th class county average
caseload of 3,263. The table shows the variance of each of the 23 sixth class counties and Carbon County.
Table 4
Avg
Caseload
Judicial Dist. 56
ajk/2/13/2012
Variance
NOTE: The variance, or change, is calculated by (6th Class-Judicial
District 56)/Judicial District 56; or (3,263-5,746)/5,746
5,746
6th Class
3,263
-43%
Adams
4,685
-18%
Armstrong
3,102
-46%
Bedford
4,795
-17%
Bradford
2,929
-49%
Clarion
3,197
-44%
Clearfield
4,066
-29%
Clinton
3,283
-43%
Columbia
4,690
-18%
Crawford
2,577
-55%
Elk
3,002
-48%
Greene
2,838
-51%
Huntington
1,727
-70%
Indiana
4,378
-24%
Jefferson
3,730
-35%
Judicial District 56 is 43% above the 6th Class Average Caseload.
(289,016)
4 of 7
Carbon's Analysis
ANALYSIS
ajk/2/13/2012
McKean
2,045
-64%
Mifflin
2,872
-50%
Pike
2,866
-50%
Somerset
4,238
-26%
Susquehanna
2,291
-60%
Tioga
2,541
-56%
Venango
2,612
-55%
Warren
1,950
-66%
Wayne
2,165
-62%
5 of 7
Carbon's Analysis
ANALYSIS
Table 6 shows the average workloads for Carbon County's four Magisterial District Courts. This is calculated by
multiplying the average caseload by the appropriate case weight (Table 5).
Table 5
Case
Docket Type
Weight
CR
36.72
NT (includes PC)
10.74
TR
2.28
CV
11.28
LT
14.48
MD
32.57
Table 6
Judicial Dist. 56
AVERAGE
MDJ-56-3-01
MDJ-56-3-02
MDJ-56-3-03
MDJ-56-3-04
ajk/2/13/2012
CR
NT
TR
9,483
13,868
11,053
7,619
5,392
10,920
11,060
12,184
14,492
5,945
9,081
6,418
8,831
3,471
17,602
CV
4,073
6,396
4,736
1,985
3,173
6 of 7
LT
1,121
1,557
1,045
1,315
567
MD
1,615
2,443
2,671
727
619
AVG
Workload
36,293
41,742
40,520
29,609
33,298
Carbon's Analysis
ANALYSIS
Table 7 shows that the average workload for Carbon County is 36,293. A comparison among the four Magisterial
District Courts indicate that Magisterial District Court 56-3-01 is 15% above the average, Magisterial District Court 56-302 is 12% above the average, Magisterial District Court 56-3-03 is 18% below the average and Magisterial District Court
56-3-04 is 8% below the average. The types and the volume of cases impact the workload numbers.
Table 7
Average
Variance
Workload
Average workloads should fall within the workload range of 30,848 and
AVERAGE
36,293
41,736.
MDJ-56-3-01
41,742
15%
MDJ-56-3-02
40,520
12%
MDJ-56-3-03
29,609
-18%
MDJ-56-3-04
33,298
-8%
Because Magisterial District Court 56-3-01 is 15% above and Magisterial District Court 56-3-02 is 12% above and
Magisterial District Court 56-3-03 is 18% below the average, a realignment in boundaries is being recommended.
Moving Mahoning Township(less voting district #38 Packerton/Jamestown) and East Penn Township from Magisterial
District Courts 56-3-01 and 56-3-02 to Magisterial District Court 56-3-03 will result in a more equitable distribution of
cases among these courts.
Judicial Dist. 56
ajk/2/13/2012
7 of 7
Carbon's Analysis

PUBLIC NOTICE As required by the Pennsylvania Constitution and

Transcription

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