Designing the comprehensive plan to get lockers and signage in all court facilities

[MDJschool]

The manifest disregard by most public officials in Pennsylvania is tiring me. In order to respond to another post on the responsibilities of certain officials arising from 18 Pa.C.S. 913, I learned a few new things: there is such a thing as a District Court Administrator, and that person may also be the Court Administrator for that judicial district, and that there is an Office of Judicial Security under the Court Administrator of Pennsylvania (at the AOPC) which deals in the very business of getting security to court facilities (including security arrays: WTF?)

So it would be nice to get into contact with this Office of Judicial Security, see what they've done, find out what they plan to do, and discuss what they should really be doing instead. It'll probably involve making a short report including all the people I think are responsible for the failure to follow the law, or who are involved in misfeasance trying to execute it, and what the AOPC can do about it. Of course, I may have to go so far as to contact 67 court admins, 67 president judges, 67 sheriffs, etc.

In making a report it would be nice to have fairly current information about several judicial districts. Having several people scour their counties or judicial districts for court facilities and the state of signage and lockers or similar provisions, and the locations of all these things, would be helpful in showing the rampant and complete disregard for the law (some pictures illustrating these things would be nice but are sometimes frowned upon and occasionally unlawful to take...). The information will be unconfirmed for the purpose of the report and for illustrative purposes, i.e. anonymous for you. I'd just need legwork done. While it would be neat to get every court facility documented, I just hope for a handful of counties, at least one of them small in pop and the at least one other rather large.

Please state any objections to this plan because of collateral consequences, or provide anything you might know about law or fact that will aid my report.

[MDJschool]

You're going to like the way you look; I guarantee it.

http://www.pabulletin.com/secure/dat.../37-6/203.html
THE COURTS

ADMINISTRATIVE
OFFICE OF
PENNSYLVANIA COURTS

Security Equipment Purchases and Upgrades for Pennsylvania's Courts of Common Pleas

[37 Pa.B. 671]
[Saturday, February 10, 2007]

The Administrative Office of Pennsylvania Courts (AOPC) announces a project to support security equipment purchases and upgrades for Pennsylvania's courts of common pleas. Funding is available to reimburse counties for the purchase of magnetometers (multi-point), X-ray machines, card key access systems (non-RFID or biometric based technology) and wireless duress alarm systems. Purchases must follow county procurement code policies or procedures. Courts must notify the AOPC Office of Judicial Security by March 15, 2007 if they desire to participate in this project. The deadline for installation of all equipment is June 15, 2007.

The contact person for the AOPC is Kyle Ramberger, Judicial Security Specialist, Office of Judicial Security: (717) 795-2000, Ext. 4089, Kyle.Ramberger@pacourts.us, 5001 Louise Drive, Mechanicsburg, PA 17055.

ZYGMONT A. PINES,
Court Administrator of Pennsylvania

[Pa.B. Doc. No. 07-203. Filed for public inspection February 9, 2007, 9:00 a.m.]

[God's Country]

So how does one find all the various magistrate facilities within their county?
I know of one, but have no clue if others exist.

I succeeded in getting lockers in our courthouse last summer, but like a dope completely forgot about the magistrate’s courtroom. I’m sure it’s safe to say they don’t have any or have a clue.

Signage is the other thing. This one really pisses me off. They leap to inform that firearms are not permitted within the facility, and then conveniently forget to inform that proper storage exists, if it exists.

[kadar]

So how does one find all the various magistrate facilities within their county?
I know of one, but have no clue if others exist.

You can find them here:
http://www.courts.state.pa.us/T/Spec...ts/MDJList.htm

[MDJschool]

What I consider my personal todo list for evaluating courthouses and other buildings containing a court facility:
• trying to locate every entrance which is a public entrance to that building that provides public access to any court facility, and denoting whether there is signage, and its contents.
• evaulating the internal structure of the building to discover the named court facilities, and discovering their adjoining corridors, to see if every public entrance to every court facility is signed, and the contents of those signs.
• locating all locations of lockers or similar provisions, noting their method of use and receipting procedure, and whether the lockers or similar are at a court facility or in it.

bonus points, and things to make the process easier:
• acquiring floor plans ahead of time (trying not to get marked a terrorist.)
• taking pictures of entrances and the signage or lack thereof, corridors of questionable adjoining, locker setup, etc. (watching out for overzealous abuse of Pa.R.Crim.P., Rule 112 and RULES GOVERNING STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES, Rule 7. Cf. Pa.R.Crim.P., Rule 101.)

noting also that:
• I've seen counties where things that don't seem like they house 'court facilities' are actually separate buildings that do...such as sheriff's offices, and offices of court clerks (I'm not actually sure what the extent of a 'court clerk' is.)

[anonymouse]

I found the RULES GOVERNING STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES online here:

http://www.cjdpa.org/geninfo/djrulesconduct.pdf

Are the Rules of Criminal Procedure available online anywhere?

Edit: Looks like you can view them here, but I was hoping for a PDF

http://ujsportal.pacourts.us/LocalRu...Selection.aspx

[MDJschool]

I found the RULES GOVERNING STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES online here:
http://www.cjdpa.org/geninfo/djrulesconduct.pdf
Are the Rules of Criminal Procedure available online anywhere?
Edit: Looks like you can view them here, but I was hoping for a PDF
http://ujsportal.pacourts.us/LocalRu...Selection.aspx

Your PDF link is out of date and that ujsportal interface is horrible (and I think it's only local rules).

Your one-stop shop for this sort of thing is http://www.pacode.com and you can find the two areas you requested at these links:
http://www.pacode.com/secure/data/234/234toc.html
http://www.pacode.com/secure/data/20...chap51toc.html

If you ever can't find a section that you'd expect at pacode.com, also try looking until Title 42 of Pa.C.S. or P.S., or on the index, of Titles at the free westlaw link:
http://government.westlaw.com/linked...sp?SP=pac-1000
(actually I just noticed they changed it: Court Rules: Rules of the federal, state and local courts are not accessible via this website. Access to these materials is available at CreditCard Westlaw. I feel like I long ago was able to view the special sections titles, and their statutes, from that site. No longer...)

[Statkowski]

Okay, so I wrote, hard copy snail mail letter, to Zygmont A. Pines, Esq., Court Administrator of Pennsylvania.

The first letter was as follows:

Monday, May 30th, 2011

Zygmont A. Pines, Esq., Court Administrator of Pennsylvania
Administrative Office of Pennsylvania Courts
Pennsylvania Judicial Center
601 Commonwealth Ave., Suite 1500
P.O. Box 61260
Harrisburg, PA 17106-1260

Dear Mr. Pines,


As the Court Administrator of Pennsylvania, you oversee the Office of Judicial Security. The following is posted on their website:


The goal of the Office of Judicial Security is to make every state court facility in Pennsylvania a safe place not only for jurists and their staffs, but for litigants, their families, jurors, witnesses, victims of crime and the public.


The office has reimbursed counties for courthouse security devices such as magnetometers and x-ray screening machines, provided improved security to magisterial district courts, developed and distributed to judges and court administrators the Pennsylvania Judicial Safety Handbook, and conducted regional workshops for local court security committees throughout the Commonwealth. In addition, magisterial district courts are being provided with video conferencing equipment to allow for preliminary arraignments while defendants are held in secure facilities.


Part and parcel to courthouse security concerns is the possession of firearms in court facilities. Section 913 of Title 18, Pennsylvania Statutes, addresses this subject, and is attached as an inclosure.


Subsection (a) of Section 913 generally prohibits the possession of firearms within a court facility, and subsection (d) requires the posting of signs stating such. Subsection (e), however, requires that storage facilities be provided for such firearms or other dangerous weapons, with signage pointing out such storage facilities. Please note, all court facilities were required to be in compliance not later than July 1st, 2002, some NINE years ago.


Most, if not all, County Courthouses are now more-or-less in compliance with Section 913 (i.e., not all “storage facilities” are located within the same building containing the court facility). However, most, if not all, Magisterial District Court (MDC) facilities are totally lacking in any storage facilities whatsoever. Of the 48 MDCs in Allegheny County, for example, not one complies with Section 913 (they put the signs up, but don't have storage facilities). The same holds true for my own Indiana County, and, most likely, all the other counties in the Commonwealth.


Since your office has reimbursed counties for courthouse security devices such as magnetometers and x-ray screening machines, what has it done for all the other “court facilities” listed in Section 913? Should not the availability of firearms storage facilities concern your office?


How horrible, to provide funds for which Section 913 does NOT provide, yet not give grants for storage facilities (e.g., lockers) for which Section 913 DOES provide!


Your comments on this subject would be appreciated.


Sincerely yours,

Then, to avoid any confusion on their part, I attached a printing of Section 913, to wit:

18 Pa.C.S. § 913. Possession of firearm or other dangerous weapon in court facility.(a) Offense defined.--A person commits an offense if he: (1) knowingly possesses a firearm or other dangerous weapon in a court facility or knowingly causes a firearm or other dangerous weapon to be present in a court facility; or (2) knowingly possesses a firearm or other dangerous weapon in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime or knowingly causes a firearm or other dangerous weapon to be present in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime.(b) Grading.-- (1) Except as otherwise provided in paragraph (3), an offense under subsection (a)(1) is a misdemeanor of the third degree. (2) An offense under subsection (a)(2) is a misdemeanor of the first degree. (3) An offense under subsection (a)(1) is a summary offense if the person was carrying a firearm under section 6106(b) (relating to firearms not to be carried without a license) or 6109 (relating to licenses) and failed to check the firearm under subsection (e) prior to entering the court facility.(c) Exceptions.--Subsection (a) shall not apply to: (1) The lawful performance of official duties by an officer, agent or employee of the United States, the Commonwealth or a political subdivision who is authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of any violation of law. (2) The lawful performance of official duties by a court official. (3) The carrying of rifles and shotguns by instructors and participants in a course of instruction provided by the Pennsylvania Game Commission under 34 Pa.C.S. § 2704 (relating to eligibility for license). (4) Associations of veteran soldiers and their auxiliaries or members of organized armed forces of the United States or the Commonwealth, including reserve components, when engaged in the performance of ceremonial duties with county approval. (5) The carrying of a dangerous weapon or firearm unloaded and in a secure wrapper by an attorney who seeks to employ the dangerous weapon or firearm as an exhibit or as a demonstration and who possesses written authorization from the court to bring the dangerous weapon or firearm into the court facility.(d) Posting of notice.--Notice of the provisions of subsections (a) and (e) shall be posted conspicuously at each public entrance to each courthouse or other building containing a court facility and each court facility, and no person shall be convicted of an offense under subsection (a)(1) with respect to a court facility if the notice was not so posted at each public entrance to the courthouse or other building containing a court facility and at the court facility unless the person had actual notice of the provisions of subsection (a).(e) Facilities for checking firearms or other dangerous weapons.--Each county shall make available at or within the building containing a court facility by July 1, 2002, lockers or similar facilities at no charge or cost for the temporary checking of firearms by persons carrying firearms under section 6106(b) or 6109 or for the checking of other dangerous weapons that are not otherwise prohibited by law. Any individual checking a firearm, dangerous weapon or an item deemed to be a dangerous weapon at a court facility must be issued a receipt. Notice of the location of the facility shall be posted as required under subsection (d).(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:"Court facility." The courtroom of a court of record; a courtroom of a community court; the courtroom of a magisterial district judge; a courtroom of the Philadelphia Municipal Court; a courtroom of the Pittsburgh Magistrates Court; a courtroom of the Traffic Court of Philadelphia; judge's chambers; witness rooms; jury deliberation rooms; attorney conference rooms; prisoner holding cells; offices of court clerks, the district attorney, the sheriff and probation and parole officers; and any adjoining corridors."Dangerous weapon." A bomb, grenade, blackjack, sandbag, metal knuckles, dagger, knife (the blade of which is exposed in an automatic way by switch, push-button, spring mechanism or otherwise) or other implement for the infliction of serious bodily injury which serves no common lawful purpose."Firearm." Any weapon, including a starter gun, which will or is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas. The term does not include any device designed or used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition.(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.; Dec. 15, 1999, P.L.915, No.59, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)2004 Amendment. Act 207 amended the def. of "court facility" in subsec. (f). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.1999 Amendment. Act 59 amended subsec. (e).1995 Amendments. Act 17, 1st Sp.Sess., added section 913 and Act 66 amended subsecs. (c) and (e). See the preamble to Act 17, 1st Sp.Sess., in the appendix to this title for special provisions relating to legislative purpose

After waiting a month-and-a-half with no response, I sent a follow-up letter, as follows:

Tuesday, July 19th, 2011
Zygmont A. Pines, Esq., Court Administrator of Pennsylvania Administrative Office of Pennsylvania CourtsPennsylvania Judicial Center601 Commonwealth Ave., Suite 1500P.O. Box 61260Harrisburg, PA 17106-1260
Dear Mr. Pines,
As the Court Administrator of Pennsylvania, I'm sure your day is filled with a myriad of responsibilities. One such responsibility is overseeing the Office of Judicial Security.
If you passed on my letter of May 30th (attached) to someone in the Office of Judicial Security, they failed to follow through and respond to my query.
In the nine years since firearms storage facilities were mandated for all court facilities, what has been done? Who oversees the follow-through on this mandate?
Sincerely,

To this letter they responded, finally. Didn't get things quite right, but they know the problem exists (but aren't going to fix it at their end):

Dear Mr. Statkowski:

Thank you for your letter regarding the provision of storage facilities for firearms in magisterialdistrict courts, pursuant to the requirement set forth in 18 Pa.C.S.A, section 913.

Under subsection (e) of the statute, counties are required to provide these storage facilities, andas you note, many if not most have been provided to common pleas courts throughout theCommonwealth. These courts also have the ability to detect the presence of firearms withmagnetometers and/or baggage screening devices, equipment that is useful where persons arereluctant to voluntarily share that information. In addition, deputy sheriffs or private securityofficers operate this equipment and are trained to handle situations where a person's reluctanceto enter the facility without hisAer firearm may lead to a confrontation, thereby posing a safetyrisk to these parties as well as other persons seeking to enter or have entered the court,

Very few if any magisterial district courts have magnetometers or baggage screening devices ortrained security officers to operate such equipment. Reimbursing the counties for the purchase offirearm storage facilities for magisterial district courts assumes that appropriate entry screeningequipment and trained security officers are available to handle the firearms and potentiallyconirontational if not violent situations. Funds appropriated to the Office of Judicial Security areinsuffrcient to cover magnetometers, baggage-screening devices, and trained security officers forall 541magisterial district courts in the Commonwealth. Absent storage facilities for firearms, itis our hope and expectation that responsible owners would comply with the signs posted outsidethese coutts. I appreciate your thoughts concerning this issue.

Sincerely,

Mary Beth Marschik
Judicial Security Administrator
Administrative Office of Pennsylvania Courts

I have no idea why they think all court facilities might need magnetometers, x-ray machines and trained monkeys. All state law asks for is storage facilities.

[BimmerJon]

I have no idea why they think all court facilities might need magnetometers, x-ray machines and trained monkeys. All state law asks for is storage facilities.[/SIZE][/FONT]

Translation: We don't want to install lockers for you gun nuts. We would expect that you'd see our signs and simply not bring your firearms into the court house.

If you don't bring them in, we don't need lockers.

Case closed, problem solved.

[Statkowski]

My response to Mary Beth:

Ms. Mary Beth Marschik
Judicial Security Administrator
Administrative Office of Pennsylvania Courts
P.O. Box 61260
Harrisburg, PA 17106-1260

Dear Ms. Marschik,


Thank you for your prompt response to my letter regarding the provision of storage facilities for firearms in court facilities.


You seem to equate Section 913(e) compliance with magnetometers, baggage-screening devices and trained security to handle the firearms. I must respectfully disagree with you. If magnetometers, baggage-screening devices and trained security are required at certain court facilities, that is due to a local ordinance, not state law.


Section 913(e) requires storage lockers, nothing more. Self-serve storage lockers are already in use at several court facilities within the Commonwealth.


Hoping and expecting responsible owners to comply with the posted signs is redundant - responsible owners do that already. What is needed, however, is for the court facilities to also comply with the law, which falls under your area of oversight.


Respectfully yours,