SUNBURY - Frequent continuances in county court cases in the past two weeks have frustrated judges, prosecutors and defense attorneys.
The delays are related to the Jan. 14 fire at Northumberland County Prison that resulted in the transfer of more than 200 prisoners to state correctional institutions.
The continuances have had an adverse effect on the court system, said Northumberland County Deputy Court Administrator Kevin O'Hearn.
"They have slowed us down and created a backlog," he said. "We are working on some options to make the system work more efficiently. Our dilemma is making sure defendants' rights are met while still moving cases forward as quickly as possible."
From 1 hour to 3
O'Hearn said the county's four public defenders and two conflicts counselors are having a harder time meeting with clients at the state prisons because of their locations, limited visitation times and stricter regulations.
He and other court officials are working to conduct more video conferences to reduce the need for transporting inmates to the courthouse. Male inmates are being held at SCI-Coal Township, 16 miles from Sunbury, and females at SCI-Muncy, 29 miles away.
He said the county has three video conferencing units, as does SCI-Coal Township. Most state prisons have at least one, he said.
President Judge William H. Wiest said he understands the need for continuances, but is frustrated when the legal system gets bogged down, forcing a backlog of cases for attorneys and judges.
"Everyone's been cooperative since the fire and is putting their best effort forward, but the fact remains that too many cases are being continued because defense attorneys don't have enough time to discuss their cases with defendants," Wiest said. "From what I've been told, it normally takes a defense attorney one hour to see three clients, but now it takes three hours to see the same number of clients."
Access to inmates
Most defendants in Northumberland County are represented by public defenders or conflicts attorneys who often meet with multiple inmates during their jail visits. But meeting with multiple defendants on the same day in a state prison is more difficult due to the logistics and security procedures, O'Hearn said.
Although attorneys consult with state inmates at times, their visits are not as frequent as public defenders since the majority of state prisoners are already serving their sentences. It's more likely that a county inmate is awaiting a preliminary hearing before a magisterial district judge or county court proceedings, requiring more frequent consultation with their legal representatives.
Chief Public Defender Edward Greco said everyone is working together "to make the best of a bad situation," but that "getting public defenders and conflicts counselors ample time to talk with their clients has been a problem since the fire."
He said video conferencing for defendants who waive their rights to appear in person before a judge has helped. But it's also has resulted in logistical problems and delays when judges and court personnel are required to leave the courtroom so defense attorneys can talk privately to their clients.
With the old prison just a block away from the courthouse, "we could see our clients just about anytime, including weekends," Greco said.
But it's more than just the distance to the state prisons, he said.
"Access to the inmates is more difficult at state prisons. It takes longer to go through the gates and get searched and to find an appropriate area to meet your clients," Greco said. "It's just the way the state prison system is set up."
Still, he added, he understands it's a unique situation.
"All this is new for everyone, but I think it's going to get better," he said.
Rights vs. speed
Pennsylvania Criminal Procedure Rule 600 guarantees defendants the right to a speedy and fair trial. If defendants are held in pre-trial incarceration for a period exceeding 180 days, they are entitled to immediate release on nominal bail. Defendants must be brought to trial within 365 days of their incarceration if continuances don't occur.
If the commonwealth fails to exercise "due diligence" by not abiding by Rule 600, charges against the defendant must be dismissed.
"As court officials, we want to expedite as many cases as we can to avoid backlogs. We don't want to slow down the process of law," O'Hearn said.
He expects more continuances to be granted, but said changes are being discussed that will give the court, attorneys and inmates more flexibility.
District Attorney Ann Targonski said the increase in continuances has resulted in a workload increase in her office, too.
"We've had to reschedule many cases and contact multiple witnesses and victims about postponements," she said. "We've also had to reschedule some preliminary hearings at the magistrate offices due to transportation issues."
Where to rebuild
Wiest believes it's not cost effective for the county to rebuild the jail at its current location, but he would like to see a new prison constructed in the Sunbury area because of its proximity to the courthouse. Building near SCI-Coal Township has its merits, but also drawbacks because of the distance.
"I hope it stays close to Sunbury merely for the convenience of getting inmates here for their proceedings in a quick fashion," he said.
O'Hearn would like to see central booking (an expanded holding cell area) and pre-release centers part of a new prison.
"They would be self-sufficient programs that would be extremely helpful in managing the inmate population," he said. "The centers would not create an overriding tax burden on residents because prisoners would basically be paying rent to be housed in prison through the money they earn on work release."
He said a holding cell established last year at the county prison proved very successful. Since the fire, efforts are being made to establish a new one in the Sunbury area.
O'Hearn believes building a new prison in the Sunbury area would be the most feasible option because of proximity to the courthouse. But he said court officials are willing to work with whatever decision is made by commissioners.
Targonski would also like to see pre-release and central booking centers included in any plans for a new prison.
"Location of a new prison is a major factor, but not the only factor," she said.
Targonski, a member of the prison board, otherwise isn't sure how she thinks the county should proceed.
"I need more facts about each option before I decide on which one I favor," she said.
Time constraints
O'Hearn said county correctional officers, who have been used since the fire to transport prisoners, face time restraints, especially at SCI-Coal Township. County inmates being housed at state prisons must be picked up for court appearances during normal business hours for security reasons, and the inmates must be returned by 3 p.m.
That's the reason all preliminary hearings at the four magistrate offices in the county will be held in the morning, effective March 3. Currently, Magisterial District Judge Benjamin Apfelbaum of Sunbury conducts hearings in the afternoons; the other three already have morning hearings.
Patricia Kelley, corrections superintendent's assistant at SCI-Coal Township, and state Department of Corrections Deputy Press Secretary Sue Bensinger said there have been no problems reported with county inmates being housed at the state prisons. Kelley said the county inmates at SCI-Coal Township are being held in E block, where state inmates who were transferred to other correctional institutions were formerly held.
State employees are currently staffed in E block, a self-contained housing unit that allows county inmates to be fed and have recreation outdoors without direct interaction with state prisoners.
O'Hearn praised officials and other employees at the state prisons for accommodating the county's needs since the fire.
"They have worked very well with us in providing our housing needs and we appreciate their cooperation in trying to deal with the problems that have resulted from the fire," he said.