Thank you for the responses. I think we we be stuck. I have made the argument based on the rule before to no avail. But given the chance will try again. I sense I am being excluded from the process since they know my position.

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From: chiefdefenders@pdap.simplelists.com <chiefdefenders@pdap.simplelists.com> on behalf of Karen Hendershot <khendershot@bedfordcountypa.org>
Sent: Friday, January 26, 2024 12:37:52 PM
To: chiefdefenders@pdap.simplelists.com <chiefdefenders@pdap.simplelists.com>
Subject: [EXTERNAL] - RE: Guilty Plea Colloquy

EXTERNAL: Do not click links or open attachments unless you recognize the sender and know the content is safe.

Here’s the colloquies that we use in Bedford.  Again, the misdemeanor is much short than the felony.  We do not use post-sentence rights colloquy forms.  The judge simply states that the D has 10 days to file post-sentence motions and 30 days to file an appeal on the record.

Karen

Bedford County Public Defender

200 South Juliana Street

Bedford, Pennsylvania  15522

(814) 623-8606

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The information in this email is sent by an attorney and is intended to be confidential.  The information is protected by attorney/client privilege, work product immunity and/or other legal rules.  If you are not the intended recipient, any use, retention, dissemination, distribution, or copying of this e-mail is strictly prohibited. If you receive this e-mail in error, you must immediately notify khendershot@bedfordcountypa.org by e-mail reply, and you must destroy this e-mail and all copies you made or received.

From: chiefdefenders@pdap.simplelists.com <chiefdefenders@pdap.simplelists.com> On Behalf Of Harry Cancelmi
Sent: Friday, January 26, 2024 11:56 AM
To: chiefdefenders@pdap.simplelists.com
Subject: Re: Guilty Plea Colloquy

Stick to the big seven in the comment to the plea Rule 590. Where is it required that it be written.  Cut that question: “Are you happy with your lawyer”, too.

“ 1) Does the defendant understand the nature of the charges to which he or she is pleading guilty or nolo contendere?

    (2) Is there a factual basis for the plea?

    (3) Does the defendant understand that he or she has the right to trial by jury?

    (4) Does the defendant understand that he or she is presumed innocent until found guilty?

    (5) Is the defendant aware of the permissible range of sentences and/or fines for the offenses charged?

    (6) Is the defendant aware that the judge is not bound by the terms of any plea agreement tendered unless the judge accepts such agreement?

    (7) Does the defendant understand that the Commonwealth has a right to have a jury decide the degree of guilt if the defendant pleads guilty to murder generally?

   The Court in Commonwealth v. Willis, 369 A.2d 1189 (Pa. 1977), and Commonwealth v. Dilbeck, 353 A.2d 824 (Pa. 1976), mandated that, during a guilty plea colloquy, judges must elicit the information set forth in paragraphs (1) through (6) above. In 2008, the Court added paragraph (7) to the list of areas of inquiry.”

If one conducts business worrying whether the atomic bomb (PCRA) will fall tomorrow, we shall all be paralyzed.

Sent from my iPhone

On Jan 26, 2024, at 11:17 AM, Karen Hendershot <khendershot@bedfordcountypa.org<mailto:khendershot@bedfordcountypa.org>> wrote:



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I agree with Dave.

However, to inform you the colloquies in Bedford County, we use a shorter form for misdemeanor cases and a longer form for felony cases.  If you’d like copies, I can email them.

Karen Hendershot

Bedford County Public Defender

200 South Juliana Street

Bedford, Pennsylvania  15522

(814) 623-8606

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The information in this email is sent by an attorney and is intended to be confidential.  The information is protected by attorney/client privilege, work product immunity and/or other legal rules.  If you are not the intended recipient, any use, retention, dissemination, distribution, or copying of this e-mail is strictly prohibited. If you receive this e-mail in error, you must immediately notify khendershot@bedfordcountypa.org by e-mail reply, and you must destroy this e-mail and all copies you made or received.

From: chiefdefenders@pdap.simplelists.com<mailto:chiefdefenders@pdap.simplelists.com> <chiefdefenders@pdap.simplelists.com<mailto:chiefdefenders@pdap.simplelists.com>> On Behalf Of Dave R. Crowley
Sent: Friday, January 26, 2024 11:09 AM
To: chiefdefenders@pdap.simplelists.com<mailto:chiefdefenders@pdap.simplelists.com>
Subject: RE: Guilty Plea Colloquy

I think the problem you would run into Nathan is that the judge can refuse to accept the plea if it is not accompanied with the colloquy the bench has approved.

David Crowley

Chief Public Defender

2d Floor Courthouse Annex Ste. 202

106 E. High Street

Bellefonte, PA  16823

814-355-6798

drcrowley@centrecountypa.gov<mailto:drcrowley@centrecountypa.gov>

From: chiefdefenders@pdap.simplelists.com<mailto:chiefdefenders@pdap.simplelists.com> <chiefdefenders@pdap.simplelists.com<mailto:chiefdefenders@pdap.simplelists.com>> On Behalf Of Schenker, Nathan M.
Sent: Friday, January 26, 2024 10:41 AM
To: chiefdefenders@pdap.simplelists.com<mailto:chiefdefenders@pdap.simplelists.com>
Subject: Guilty Plea Colloquy

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Our County has a ridiculously long standard colloquy. For almost two decades we have tried to get a shorter form without success. Our DA and Judges always took the position that the colloquy had to cover every possibility for a PCRA. So, we use a lot of time filling it out with the client and in some courts the Judge repeats the process, more time wasted. The other concern is that some of the detail is wrong, due to changes in the law, etc.

With several newly elected Judges the colloquy is being reviewed again and I’m hearing that, rather than adopt a slightly shorter form that we had submitted for consideration, they are planning to make it longer.

My question is this: Are we bound to use the colloquy approved by the Judges or can we write our own that we believe meets the standards of Rule 590? Has anyone had any experience with this?

Any input would be appreciated.

Nathan

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