PENNSYLVANIA COURT SYSTEM There is very little compassion in Pennsylvanias Legal System. When Governor I will ask the General Assembly to put some compassion into our legal system. And I am not talking about Criminal Court. There is plenty compassion for criminals, it seems. I am talking about Civil Court. There is a process, that if someone makes a mistake, they lose. It doesnt matter what the truth is. I want to see a Legal System in Pennsylvania where truth is upheld no matter what. No one should ever be railroaded by our legal system. If I am eventually elected, I intend some changes in the Pennsylvania Court system. The Constitution says we have a unified court system under one Supreme Court. Really? Then why so many local rules of court. So I propose that all Local Rules of Court be eliminated. However, there are special provisions in the Pennsylvania Constitution for the City of Philadelphia, Allegheny County, and the City of Pittsburgh. There are no special provisions for any other part of the State. And, I look forward to the day, when pleadings of all kinds can be electronically filed from any computer that has e-mail capabilities throughout the entire State. Also, I think Legal Services for poor people is a joke. I want to make sure poor people have help in court, if they are being sued for any reason. Perhaps Legal Assistance can be accessed through Public Assistance. That way there would be no need to start a whole new system. I propose the Commonwealth of Pennsylvania establish an in forma pauperis card. Those carrying this card will be able to receive free legal services. People with low incomes may fill out an in forma pauperis application with the Department of Public Welfare, and when determined to be in need of in forma pauperis status will also receive the card. The Department of Public Welfare will provide an online application. Income levels to be determined by the General Assembly. Instead of having to fill out the in forma pauperis application for every case that a poor person is involved, the Court will accept the in forma pauperis card, and give the person carrying the card in forma pauperis status in Court. The President Judge of each County will appoint an attorney for each person carrying this card who becomes a Defendant in any case of Civil Law. Or, the President Judge will take a look at the case, and if the President Judge considers the case to be frivolous, may dismiss the case with prejudice. If the President Judge dismisses with prejudice, the case may not be filed again. If the President Judge dismisses the case without prejudice, the case may be refiled per the President Judges instructions. For example, the President Judge could think the case has merit, but the complaint is not quite within the Law. If the President Judge dismisses the case without prejudice, and the case is refiled, the defendant will retain in forma pauperis status from the original filing, and will as long the case is pending. All attorneys in Pennsylvania must provide free legal services to people carrying the in forma pauperis card in the County they serve when appointed by the President Judge or his Designee. Attorneys may not treat such client differently than any other client. The Designee is the Judge the President Judge Designates to act in his absence. In all cases, the President Judge must consider any and all conflicts of interest. Should a conflict of interest involve all Judges in the County Court of Common Pleas, the President Judge must file a request with Commonwealth Court for a Resolution. In Landlord / Tenant eviction cases before the Court, the Plaintiff must prove his reasons for eviction in cases where the Defendant believes the eviction is retaliatory. Tenant rights in Pennsylvania shall be absolute. Landlords may not evict for frivolous reasons. The Court system is to protect us from those that would do us harm, not railroad those who dont.
Posted on: Tue, 19 Aug 2014 23:53:41 +0000
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