For the Defense - Vol. 6, Issue 1 - 43

causes another substantial period of delay, file
primarily caused by the courts.
6
a new Rule 600 motion based on this additional
Pa.R.Crim.P. Rule 600(D)(1).
time and litigate it prior to any trial to preserve an
disclosing
theadditional
contents time
of communications.
Some
NOTES:
Click
here to view and/or print the
objection
to the
period.
examples of those exceptions include an operator
1
See
18
Pa. C.S.A.
§ 5701, etfor
seq.
notes
section
article.
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E Adefense
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EGISTS
2N C E R S A N D
* At of
thea Rule
600 hearing,
has
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communication
18 Pa. C.S.A. § 5703(1)-(3).
3
5704(1), (2), (4), (6) & (15).
theaoperator
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made
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that
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Snormal
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O NofPA C18DPa.
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employment
and
where
the
activity
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has not been brought to trial within 365 days,
the rendition of
thethe
service;
an of
investigative
or
thetoCommonwealth
bears
burden
proving
law enforcement officer acting in accordance with
that they have nonetheless acted with diligence.
additional statutory mandates of oversight by a
ToddTodd
Scott isC.
the
Vice President
Scott
This means that after the defense has made such
Katherine
Ernst
is an for
District Attorney's Office, the Office of Attorney
of Risk
Management
Minneapolis, MN
a prima
facieorshowing,
is the Commonwealth
appellate
attorney
withMutual
the
General,
certain itmembers
of the Pennsylvania
Minnesota
Lawyers
Apply
by
sending
a
short
email
who
should be
required
to put
on its
evidence
Insurance
Company.
He
VP RiskCounty
Management
judiciary;
where
all parties
have
given
prior consent;
Montgomery
Public
is a frequent
author
and Ins. Co.
Minnesota
Lawyers Mutual
andpersonnel
the defense
shouldutilities
only argue
after the
of public
recording
conversations
to pacdl@pacdl.org
indicating
Defender's
Office.
Shethe topics
guest
lecturer
on
Commonwealth
has doneand
so. Essentially,
a Rule
600 the
with utility customers;
telemarketers
where
Contact:
handles
appeals
from
all and
of malpractice,
ethics,
your committee
of interest.
call
is
being
recorded
for
the
purpose
of
training
hearing should proceed in form almost identically or
tscott@mlmins.com
practice
management
systems.
units,
juvenile
to
homicide,
3
800-422-1370
quality
control.
A list of committees
can include
be
to a
suppression
hearing. If the judge asks you
Much
of his duties
and she
also lawyers
formulates
helping
select and
to argue prior to the Commonwealth's evidence,
found
on
PACDL's
website.
As the use of video conferencing tools expands,
implement
software
systems
legal
strategy
for
pre-trial
make it clear that you could not possibly argue
appropriate
to
their particular
practice.
Mr. Scott
had
and participants become more sophisticated with
and
trial
units.
Katherine
graduated
Magna
Cum
on behalf of your client until you know what the
previously
served
as
Attorney/Claims
Representative
for
the software and the PC's used to participate in
Laude
from
Loyola
Law
School,
New
Orleans
MLM,
and
was
the
head
of
their
technology
subsidiary,
Commonwealth's
evidence
of
diligence
is.
Todd
Scott
is
the
Vice
President
of
Risk
Management
for
Minnesota
Lawyers
the sessions, attorneys should be aware that video
Mutual
Toddreview.
has alsoShe
taught
legal technology
in 2007
andSoftware.
was on law
practiced
conferences
are easily
recorded
by Rule
anyone
Mutual
Insurance
Company.
Hein
is athe
frequent
author
andDepartment
guest lecturer on
* If the
Commonwealth
appears
at the
600involved.
as
an
adjunct
professor
Legal
Studies
at Kaufman, Coren & Ress in Philadelphia out
It is recommended that attorneys come prepared to
at
Hamline
University
in
St.
Paul,
Minnesota.
is a Much
the topics of malpractice, ethics, and practice managementHe
systems.
hearing and does not present any evidence that
of law
school,
thereafter
didSchool
work of
in Law
the and is
online hearings, conferences, mediation sessions,
graduate
ofand
Hamline
University
it acted with diligence-for instance, they did not
of a
hismember
duties include
helping
lawyerslaw
select
and §1983
implement
software
ofhorseracing
the
American
Barand
Association,
and
or any other formal legal process with a prepared
intersection
of
for
a the systems
bring
in
the
officer
to
testify
to
the
attempts
made
Minnesota
State
Bar
Association,
where
he
has
served
statement, requesting at the outset that any
appropriate
their particular
practice. Mr. her
Scottpassion
had previously
served as
number
of to
years
before following
as
Chair
of
the
Technology
Committee
and
Past
Chair of
to find
and
apprehend
the
defendant-argue
that
conference participants using recording software
Attorney/Claims
Representative
for
MLM, and was
the head of their
for
indigent
criminal
defense.
the
Practice
Management
& Marketing
Section.
they
not metdevices
their burden
because
the burdenand
orhave
recording
to identify
themselves
technology subsidiary, Mutual Software. Todd has also taught legal
of proof
includes their
the burden
of production
andagreedacknowledge
understanding
of any
upon rules
of theare
legal
proceeding concerning
technology
as an adjunct
in the Legal Studies Department at
Share
thisprofessor
article
arguments
of counsel
not evidence.
audio and visual recordings.
Hamline University in St. Paul, Minnesota. He is a graduate of Hamline

ANTED:

About
Aboutthe
theAuthor
Author

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University School
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the American9Bar Association,

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HEXIDECIMAL

Lawyers Assistance
Strike Force

wyers
sistance
rike Force

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and the Minnesota State Bar Association, where he has served as Chair of
the Technology Committee and Past Chair of the Practice Management &
Marketing Section.

PACDL's Lawyers Assistance Strike Force
offers consultation to members who
are threatened for providing legal
representation to a client in a criminal
proceeding. At no cost, you may consult
with an experienced attorney to
discuss a contempt citation, a motion
to disqualify, or a subpoena to provide
information. Your request for assistance
Lawyersreceives
Assistance
Strikefrom
Force
top priority
experienced
nsultation
to attorneys
who are
Pennsylvania
attorneys
who will review
PANTONE
your case.legal
Contact
www.pacdl.org or call
d for providing
representation
717.234.7403.

t in a criminal proceeding. At no
may consult with an experienced
to discuss a contempt citation, a
o disqualify, or a subpoena to
nformation. Your request for
e receives top priority from

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Vol. 6, Issue 1 l For The Defense

43
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For the Defense - Vol. 6, Issue 1

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