Court of Common Pleas of Washington County, Pennsylvania

Court of Common Pleas of Washington County, Pennsylvania
Twenty-Seventh Judicial District
2011 Annual Report
Cover Photo: Featured on the cover is Judge John F. DiSalle’s Courtroom in the Washington County
Courthouse. Courtroom No. 3 is located between the two larger presentation courtrooms located on the second
floor of this grand building. While smaller, Courtroom No. 3 exhibits a unique semi-circular footprint
that all comes together exactly at the point of the Judge’s bench. The room, measuring thirty-five (35) feet in
length, forty (45) feet in width and a ceiling height of eighteen (18) feet is mainly old blue, white and
gold with decorations of the renaissance style. Like its sister, Courtroom No. 1, the woodwork, including the
significant Romanesque bench installation, is comprised entirely of polished Honduras mahogany. Courtroom
No. 3 as well as the Nos. 1 and 2 of the second floor are true complements to what is the legacy of the judicial
palace, the Washington County Courthouse.
Photographs taken by Steven Tkach
To the Citizens of Washington County:
We are pleased to present our 2011 annual Report of operations
for the Civil, Criminal, Family, and Orphans’ Court Divisions of
the Court of Common Pleas of Washington County. We welcome
you to review the report and our accomplishments.
This past year the Board of Judges was comprised of six
commissioned judges, being Katherine B. Emery, Paul Pozonsky,
John F. DiSalle, Janet Moschetta Bell, Phillippe A. Melograne
and myself. We saw an increase in civil, criminal and family law
cases. The increase was due to a number of factors, including a
higher population, business explosion, and the impact of
Marcellus shale, but greater demands have been made on all court
staff within the judicial system.
Debbie O’Dell Seneca
President Judge
In addition to the Mortgage Foreclosure Court, Treatment Court
and Mental Health Diversionary Court, a new specialty court was
created in Veterans Court. The Veterans Court is to assist
veterans who become involved with the criminal justice system
and to divert them to veterans’ services. We also increased the
Furlough Into Service Program and partnered with Keep PA
Beautiful to remove dump sites within Washington County.
As a result of the 2010 census report, the Court also reviewed the
status of our eleven Magisterial District Judges. Our plan for
their offices will be placed for public comment on our
comprehensive website located at: www.washingtoncourts.us.
We welcome you to review it and utilize it to access any of the
Courts’ services.
Judges of the Court of Common Pleas of Washington County
Pictured seated from left (bottom row): Katherine B. Emery, J., Debbie O’Dell Seneca, P.J. and Paul Pozonsky, J.
Pictured standing from left (top row): Phillippe A. Melograne, J., John F. DiSalle, J. and Janet Moschetta Bell., J.
CIVIL DIVISION
The total amount of cases filed in the Washington County Prothonotary’s Office for 2011
was 9,703. This number reflects all arbitrations, appeals from Magisterial District Judges,
divorce and custody, mortgage foreclosures, tax assessment appeals, mental health cases,
jury trial and non-jury trial cases such as asbestos, medical liability, product liability,
trespass against property owners, trespass against individuals and contract disputes.
The civil caseload was handled by President Judge Debbie O’Dell Seneca and Judge
Katherine B. Emery. Also assisting within the Civil Division was Judge Paul Pozonsky.
174 trial cases were disposed, of which 32 were actually tried by jury or non-jury. The
Court continued to utilize alternative dispute resolution and 63 cases were scheduled for
mini-jury trials or mediation. Alternative disposition case activities are represented by the
statistical chart below.
Mini Trial
Cases Sent to Mini-Trial
Settled Prior
Held/Non Binding
Held/Binding
Settled at Mini-Trial
Moved to Non-Jury
Continued Generally
Continued to 2012
17
0
4
2
1
6
0
1
Mediation
Cases Submitted
Settled At Mediation
Held - Did Not Settle
Transferred to Arbitration
Settled Before Mediation Held
Scheduled for Trial Before
Mediation Held
Awaiting Disposition
46
17
3
0
7
0
21
Family division was handled by Judges John DiSalle and Phillippe A. Melograne. The
2011 filings were as follows: 709 Protection From Abuse petitions, 593 divorces, and 448
custody/partial custody cases. In addition, 479 divorce decrees were issued and 444
custody cases reached disposition. A comprehensive representation of Family Court case
activity follows:
Protection From Abuse
Pending from 1/1/2010
Cases Filed
Temporary Orders Granted
Temporary Orders Denied
Dispositions:
Final Orders Denied
Final Orders Granted
Final Order by Stipulation/Agreement
Plaintiff Did Not Appear for Hearing
Withdrawn by Plaintiff
Transferred to Another Jurisdiction
351
709
577
111
33
134
188
59
267
1
Total Dispositions:
859
Deceased Party
Other
2
137
Pending as of 12/31/2011
201
Divorce Cases
Pending as of 12/31/2010
New Cases
Cases Processed By:
Judge
Non-Judicial Officer
Uncontested
Other
Total Processed:
Pending as of 12/31/2011
802
593
16
80
432
0
528
867
CRIMINAL DIVISION
The criminal caseload was primarily divided among Judge Paul Pozonsky, Judge Janet
Moschetta Bell and Judge Phillippe A. Melograne. In 2010, there were 2,796 criminal
cases filed with an additional 343 reopened for a total of 3,139. Disposition of the cases
was as follows: 2,036 guilty pleas, 703 ARDs, 161 withdrawn or dismissed, 471 placed on
inactive status, 11 in the other category, 7 non-jury trials and 9 jury trials for a total of
3,041.
Criminal Division
Pending as of 1/1/2011
1150
New Filings
3193
Reopened
342
Disposed:
Guilty Plea
ARD
1814
660
Non-Jury Trial
17
Jury Trial
10
Inactive (Warrants Issued)
626
Withdrawn/Dismissed/NP
142
Dismissed Under Rule 600
Other
Total Dispositions:
Pending as of 12/31/2011
8
14
3291
1394
PROBATION SERVICES
The Probation Services Division of the Washington County Court of Common Pleas
Criminal Courts Division consists of the Adult Probation, Juvenile Probation and
Community Services / Furlough Into Service (FITS) Departments. Each of these respective
Departments are represented by their following Program Summaries.
In addition, on behalf of the Court, the Probation Services Department coordinates two
Criminal Division initiatives for which the Court was awarded Federal grant funds.
They are the Booking Center and Magisterial District Judge (MDJ) Video Arraignment
Projects.
ADULT PROBATION
The Washington County Adult Probation and Parole Office’s primary function is to
provide community safety, by supervising and holding offenders sentenced through the
Washington County Court of Common Pleas accountable, and by enforcing court orders
and conditions of probation and parole.
It operates primarily in the community. Supervision levels are determined by the crime,
sentence, seriousness of the offense, past criminal history, and/or a combination of these.
The staff consists of the Chief, Assistant Chief, 1 supervisor, 5 intensive probation/parole
officers, 1 pre-sentence investigator, 1 pre-parole investigator, 1 electronic home
monitoring officer, 2 DUI officers, 5 general supervision officers, and 4 clerical staff.
ADULT PROBATION STATISTICS
Caseload and Fees Collected
Average Caseload of Offenders
Arrests
Average Number of Offenders on Electronic Monitoring
3022
347
75
Electronic Monitoring Fees Collected
Supervision Fees Collected
$150,000+
$750,000+
Compliance Sweeps
Homes Searched
Arrests
APO Warrants
Technical Violations
New Charges
93
11
1
7
3
Contraband Seized
Shotgun
Stungun
BB Gun Pistol
Pellet Gun
Pair of Brass Knuckles
Knives
Large Machete Knives
Scales
Small Marijuana Baggies
Marijuana Bowls
Grinder
Pill Bottle of Marijuana Seeds
1
1
1
1
2
16
3
3
5
9
1
1
The Adult Probation and Parole staff believes in having a strong bond between local law
enforcement and members of the community. Officers routinely spend over 75% of their
time operating in the field. Field operations consist of community offender contacts,
collateral contacts, home checks, parole plan visits, arrests, warrant execution and
compliance sweeps. In 2011, compliance sweeps continue to be the Office’s primary
counter-measure against non-compliance. Compliance sweeps are commonly operated
with the assistance of local law enforcement, PA State Police, PA State Constables, and
Washington County Sheriff Deputies. In 2011 a total of 93 offender residences were
searched which resulted in 11 arrests, 3 new criminal charges, 1 warrant, and 7 new
technical violations. Contraband seized from these sweeps included 1 shotgun, 1 stun gun,
1 BB gun pistol, 1 pellet gun, 2 pairs of brass knuckles, 16 knives, 3 large machete knives,
3 scales, 5 small bags of marijuana, 9 marijuana bowls, 1 grinder, and 1 pill bottle
containing marijuana seeds.
JUVENILE COURT
Washington County utilizes a juvenile master system to process the majority of juvenile
delinquency cases originating from the Washington County Juvenile Probation Office
and/or Washington County Children & Youth Services. Judge Janet Moschetta Bell
presides over the remaining delinquency cases. There were 540 referrals to the Juvenile
Probation Office in 2011. Out of the 540 referrals, 83 of those resulted in out-of-home
placements. There were 155 Adjudications of Delinquency, 38 Consent Decrees, and 70
cases were Informal Adjustment Consents.
The Washington County Juvenile Probation Office provides children committing
delinquent acts with programs of supervision, care and rehabilitation. Within the concept
of Balanced and Restorative Justice, the Probation Office provides protection to the
community, the imposition of accountability for offenses committed, and the development
of competencies which enable children to become responsible and productive members of
society. The Juvenile Probation Office provides services that include intake, investigation
and assessments, probation services, peer jury services in all 14 school districts, and after
school programs.
In August 2011, the Juvenile Probation Office received a grant to implement a Juvenile Job
Training Program for non-adjudicated offenders. Participants are involved in three phases
of the program, which include a career/interest survey, learning the application process,
resume building, interview process, job shadowing, internships, visiting trade schools and
colleges and finally job placement. Currently there are 13 participating juveniles in the
program. Of those 13 juveniles, 9 juveniles are currently employed.
In October 2011, the Substance Abuse Enhancement Program began. This is an afterschool drug court program providing drug and alcohol treatment and counseling through
SPHS CARE Center. Each month, participants appear before Juvenile Court Judge
Moschetta Bell for a review hearing. Currently there are 10 participants in the program.
The Washington County JPO staff consists of the Chief, Assistant Chief, 3 supervisors, 3
placement officers, 1 school based officer, 4 community based officers, 3 intake officers, 2
court investigation officers, 3 field officers, 1 financial manager, 9 site based monitors, 1
Job Training Coordinator, 1 Community Service Coordinator, 1 office manager, and 2
clerical staff.
Juvenile Probation Office Curfew Checks
90+ homes visited
--Canonsburg, Mon Valley, Washington
--Assisted by Canonsburg PD, Charleroi PD, Chartiers PD, Donora PD,
South Strabane PD, City of Washington PD
10 juveniles detained
--4 possession of marijuana
--3 drug paraphernalia
--3 bench warrants executed
4 curfew sanctions
2 underage drinking citations
DEPENDENCY
STATISTICS
DEPENDENCY
ABUSE CASES
The Juvenile Master handles the majority of the juvenile dependency cases originating
from Children and Youth Services (CYS) and Judge John F. DiSalle presides over the
remaining dependency cases. In 2011 there were 220 cases of which 92 were new filings
referred to the Juvenile Court system. There were 91 cases processed of which 19 were
processed by the judiciary, 62 cases processed by a non-judicial officer and 10 other
dispositions. At the end of 2011, there were 137 abuse cases pending.
STATUS OFFENSES
There were 3 new status offense cases referred to the Juvenile Probation Office in 2011.
At the beginning of 2011, there were 35 Status Offense cases pending. There were 4 cases
processed all by a non-judicial officer. At the close of 2011, there were 34 Status Offense
cases pending.
LEADER PROGRAM
The Washington County LEADER After School Program was established by the
Washington County Juvenile Court in 2000. The program is located at the Washington
Park Middle School. The LEADER Program is an alternative to placement for juveniles
that have been adjudicated delinquent. The program is designed to accommodate up to 50
participants. The program is also used as a transition for juveniles that have been in
placement before they are returned home on regular probationary status.
LEADER is based on a military doctrine and is highly regimented. Each cadet must
complete 90 days to graduate from the program. The typical day for a cadet includes
physical training, tutoring for school work, drug and alcohol counseling, cooking dinner,
life skills and recreation. The overall goal is to instill discipline and respect in each cadet,
for themselves and others.
On June 17, 2011, the Washington County LEADER Program held its seventh annual
Summer Olympics at the Washington High School football field. All cadets competed in
several events which included 50, 100, 400 meter dash races, 4 X 100 relay, long jump, tug
of war, shot put, obstacle course, and marching drills. The Olympics are designed to
improve the morale and self-confidence of the cadets.
COMMUNITY SERVICES
Adult and Juvenile Offenders combined completed 52,912 community service hours in
2011. In 2011 Adult Offenders completed 49,510 community service hours, greatly
exceeding the 47,084 hours completed in 2010. Juvenile Offenders completed 3,401
community service hours in 2011, up from 3,377 hours performed in 2010.
The Community Services program celebrated its 15th anniversary in 2011. Since the
Court’s inception of the Community Service Program in 1996, offenders have
completed more than 498,785 hours of service work within Washington County
communities.
Offenders performed service at more than 56 work sites throughout the County, including
at libraries, volunteer fire departments, food banks, churches, municipalities, and veterans’
organizations.
Above: Community Service Offenders completing painting and restoration work at the James C.
Ford American Legion Post 949 in Carroll Township/Dunkirk area .
COMMUNITY SERVICES
FURLOUGH INTO SERVICE (FITS) PROGRAM
In 2011, incarcerated offenders performed 12,935 hours of service for ninety (90) local
communities and not-for-profit agencies through the Furlough Into Service (FITS)
Program. Over 2327 offenders have participated in the FITS Program since its inception in
1997, and have performed approximately 223,661 hours of service.
The FITS Program continued to partner with the Domestic Relations Section to provide job
training and job placement assistance to defendants incarcerated for failure to pay child
support. This partnership resulted in the collection of over $80,000 in child support
payments in 2010.
FITS Offenders cutting weeds at Beth Center High School.
FITS Offenders paint at the Washington County Community Center in Canonsburg, PA.
FITS/DRS Training Program
Since Inception:
Defendants Participated in Program
92
Graduated from Work Certified Academy
76
Combined 250+ months of early release.
Current participants
Child Support Collected
8
$258,000
Booking Center
The Booking Center Project instituted a standardized, state of the art criminal defendant booking
facility within the Washington County Criminal Courts. The center utilizes Automated Fingerprint
Identification System (AFIS) and Computerized Photo Imaging Network (CPIN) systems. These
systems allow for the instant classification of fingerprints into the FBI Central Fingerprint Database
as well as publication of defendants booking photos to the PA Statewide Criminal Photograph
Repository.
Booking Center
Bookings
Photos of Local Offenders in CPIN
Fees Collected
9,231
9,231
$495,632
Charges Processed:
Retail Theft, DUI, Indirect
Criminal Contempts (PFA),
Homicide by Vehicle, Assaults,
Sexual Assaults & Drug Offenses
Fingerprinting Service Offered:
Employment Applications,
Housing
Authority Applications, Adoption
Applications, etc.
Fee:
except for adoption
$20
Booking Center…continued
Charges Processed
2008
2009
2010
DUI
192
620
752
796
BUI
0
1
0
0
55
230
281
350
Drug Charges
3
23
49
75
Criminal Homicide
0
1
0
1
Theft
3
8
5
23
Forgery
1
1
3
5
Gambling
2
10
5
0
Burglary
1
2
3
13
Accident w/ Damage
3
2
1
0
Simple Assault
0
4
2
81
Indirect Criminal Contempt
0
1
8
34
Stalking
0
1
3
12
Aggravated Assault
0
2
2
22
Corruption of Minors
0
1
1
0
Criminal Mischief
0
0
2
1
Criminal Trespass
0
0
2
2
Indecent Assault
0
0
3
4
Escape
0
0
16
5
Prostitution
0
0
13
4
Receiving Stolen Property
0
0
2
7
Rape
0
0
0
3
Terroristic Threats
0
0
0
13
260
907
1153
1451
Retail Theft
Totals:
2011
Magisterial District Judge Video Arraignment Project
The MDJ Video Arraignment Project has allowed Washington County’s Criminal Justice
system to experience enhanced courtroom security and officer / prisoner safety via the use
of Videoconferencing technology. In the majority of cases, criminal defendants are
arraigned remotely via videoconferencing cameras which have also allowed municipal
police departments to realize substantial savings by eliminating the need for transportation
to the remote night duty MDJ offices. The Criminal Courts Division has also seen
significant cost savings as well via reduced Sheriff transports of criminal defendants from
the Washington County Correctional Facility and State Correctional Institutions to the
Washington County Courthouse for various Criminal Courts proceedings.
Police Departments with Video Equipment
Burgettstown Boro
California Boro
Canonsburg Boro
Carroll Township
Cecil Township
Charleroi Boro
Chartiers Township
Donegal Township
Donora Boro
Hanover Township
McDonald Boro
City of Monongahela
North Charleroi Boro
North Franklin Township
North Strabane Township
Peters Township
Smith Township
South Strabane Township
City of Washington
Pennsylvania State Police
West Brownsville*
Drug Task Force*
The police departments with equipment share with the following departments that do not have equipment
Beallsville Boro
Centerville Boro
Gaming Commission
Fallowfield Township
Houston Boro
Midway Boro
Mt. Pleasant Township
RESA
SW Regional
Video Arraignments
TYPE
2008
2009
2010
2011 TOTALS
Prelim
Arraigns
338
453
457
380
1628
Search
Warrants
5
7
10
5
27
Arrest
Warrants
5
7
16
5
33
Emergency
PFA’
PFA’s
12
10
14
3
39
ORPHANS’ COURT
Judge Emery presided over Orphans’ Court and held hearings and/or processed 74
adoptions, 53 guardianships and 58 new accounts. 82 termination hearings were also held
before her.
SPECIALTY COURTS
Treatment Court
Judge Paul Pozonsky presides over the Washington County Treatment Court, which began
in 2004. The purpose of the program is to provide treatment, structure, and supervision to
non-violent drug addicted criminal offenders. The program follows the ten key concepts of
specialty court programs promoted by the National Drug Court Institute (NDCI).
The Washington County Treatment Court is a post-plea program that is eighteen months in
duration. It incorporates three six-month phases that begin as very intense and step-down
as specific requirements and goals are met by the offender. The methodology of the
program promotes a non-adversarial approach as compared to traditional court processing
which promotes prosecution against defense. In addition to drug treatment services,
offenders may receive mental health services, job training services, educational services,
and parenting assistance. All fines and fees assumed by the offender due to their
conviction must be satisfied through community service work prior to graduation.
Treatment Court
Total Participants
Graduates
Current Participants
191
96
32
Recidivism Rate
Post-Graduate Convictions
Arrests Pending
42.70%
33
8
Terminated
In-Program Convictions
60
9
Community Service Hours Completed
Drug-Free Babies Born to Participants
72,749
13
Mental Health Court
President Judge Debbie O’Dell Seneca presides over the Washington County Mental
Health Court which began operation in 2008 to provide services and assistance to those
who are mentally ill and have become involved in the criminal justice system. The program
is designed to provide structured supervision, brokerage of available community services,
and treatment options. The program admits both eligible diversionary mental
health/criminal justice defendants and post-plea defendants while maintaining community
safety. While ensuring support services for these defendants, the program helps address the
issue of jail overcrowding and the costs associated with incarceration.
The Washington County Mental Health Court follows the Sequential Intercept Model
which utilizes interventions at four different points of entry. Within these intercepts the
individual has the opportunity to experience a complete diversion during their initial
encounter with law enforcement officers. Diversion may also occur following
incarceration as criminal justice entities and Mental Health agents act collaboratively to
ensure the expedited release of individuals with serious mental illness. Post-plea
individuals with serious mental illness can participate in the program as an alternative to
incarceration. A re-entry option is available for mentally ill offenders who have been
convicted, have served time in jail, but are in need of mental health services when
released. All entries are approved legally through the Washington County District
Attorney’s Office and clinically through the Washington County Mental Health/ Mental
Retardation Office.
Mental Health Court - January 2009 Inception
Total Participants
29
Participants in 2011
11
Participants Completing in 2011
Current Participants
4
14
Magisterial District Judge Diversionary Program
This program is Intercept 1 of the Sequential Intercept Model. The function of the
diversionary program is for mentally ill individuals who are not culpable or who are limited
in their culpability to be stopped from penetrating the system any further. The program is
diversionary with conditions that participants must satisfy treatment and medication
requirements while abiding by terms of the program. Participants are evaluated by a
mental health caseworker in order to establish their eligibility. The caseworker tracks their
progress and compliance and reports back to the Magisterial District Judge after 90 days.
When the participant has successfully completed the program, the underlying charges will
be dismissed. If at any time the participant fails to meet the standards required by the
program, the Magisterial District Judge has the right to proceed with the charges. Both the
arresting officer and any other involved party must agree to the participation of any
individual in the diversionary program.
MDJ Diversion Program
** Since Inception **
Successful Completions
(i.e., charges withdrawn
or dismissed)
Current Participants
Referrals Not Accepted
(not accepted due to charges, transient
status, not meeting MH criteria, etc.)
103
13
50
Crisis Stabilization Unit
Another tool for the Court at both levels is the Crisis Stabilization Unit in regards to the
consideration of and dealing with mentally ill persons in their community. The Crisis
Stabilization Unit offers secure, clean and stable housing in order for a person suffering
through mental illness and/or de-compensation from medications to become stable and
safely placed back into the community. The Crisis Stabilization Unit offers 24 hour crisis
outreach and treatment which wraps services around mentally ill citizens that benefit the
consumer, their families, and the community.
Crisis Stabilization Unit Statistics
Since November 2008 inception through December 2011
Clients Served
Major Depressive Disorder
Adjustment/Anxiety/Bipolar
Schizophrenia
Schizoaffective Disorder
83
Referrals
83
26
36
3
8
MDJ’s
Probation Officers
MH Court
Forensic CM
Police Departments
Community Treatment Team
WCCF
MH/MR Contractor
4
15
5
26
9
3
10
4
Average Length of Stay
Year 2008
Year 2009
Year 2010
Year 2011
14.3 days
5.77 days
5.00 days
10.2 days
Veteran’s Court
The Veterans Court, the newest of the Specialty Courts, commenced in April 2011.
There were 3 participants in Veterans Court in 2011. The Veterans Court Team is
made up of representatives of the District Attorney’s Office, the Public Defender’s
Office, the Adult Probation Office, the Mental Health/Mental Retardation Office,
and the Veterans Justice Outreach Specialist from the Veterans Administration.
The Team utilizes a collaborative approach to assist veterans involved in the
Criminal Justice System. To participate in the Veterans Court Program, persons
must have been discharged with an Honorable or Under Honorable Conditions
(General) Discharge. Treatment resources are available through the Veterans
Administration and through independent treatment providers. Mary Bates, Esquire,
the Chief Legal Officer for the Washington City Mission, is working with the
Veterans Court Team to ensure that veterans involved with the City Mission are
appropriately screened for possible participation in this program.
Mortgage Foreclosure Diversionary Court
The Washington County Court of Common Pleas Mortgage Foreclosure Court
began in May 2009 with the assistance of the Southwestern Pennsylvania Legal
Services, Inc. The program requires plaintiffs in mortgage foreclosure cases to
notify defendants of owner-occupied residences of the possibility of participation in
this program. If a defendant attends a Foreclosure Mitigation Counseling session,
the defendant may seek a 90-day stay in the mortgage foreclosure proceedings to try
to work out a mutually acceptable agreement with the plaintiff to settle the case.
Foreclosure Mitigation Counseling sessions are held every Wednesday in the
Judges’ Law Library, located on the second floor of the Washington County
Courthouse. As of December 31, 2011, over 363 defendants have participated in
this program, and 55% of the participants have been able to reach a settlement to
avoid foreclosure.
COURT ADMINISTRATION
Pictured from left: Deputy Court Administrator Timothy McCullough, Secretary Ellen Sams,
Special Courts Administrator Sally Michalski, District Court Administrator Christine Weller,
Deputy Administrator Joyce Hood and Deputy Court Administrator Thomas Jess.
NOTE OF THANKS
Special acknowledgement goes to the members of the Court
Administrator’s office for their efforts in the
preparation of the 2011 statistics.
A special thanks to Steven Tkach, Director of Court Technology &
Records Management, for his assistance in the
production of the 2011 Annual Report.