PACDL Rules Comments

PACDL submits comments on relevant proposed rule changes.  Below are the comments submitted in 2018.

PACDL Comments Regarding Incarceration of the Indigent for Failure to Pay in Summary Cases

PACDL and PDAPA have filed comments suggesting that the proposed Rule 456 should specify the right to counsel and not simply refer to the right to counsel in the comments.  The groups also recommended that any notice to PennDOT should be delayed under Rule 470 to allow a defendant 30 days to appeal any determination that the default was deliberate or to appeal the imposition of a payment plan that the defendant is unable to meet.  Finally, PACDL and PDAPA recommend creating clear guidelines regarding presumptions of indigence with the understanding that those individuals found to be indigent cannot be imprisoned for failing to pay fines and costs.  The full letter can be read here.  

PACDL Submits Opposition Letter Re:  PA Rule of Crim. Proc. 556.11

PACDL opposes the proposed rule.  It informed the Committee that the proposal threatens the constitutional rights of individuals called before the indicting grand jury, prevents defense counsel from being able to represent individuals charged with crimes via the grand jury, and invites confustion for both defense counsel and prosecutors in handling individuals not yet arrested.  The full letter can be read here.