Judge Bruce T. Butler

Applies to

Pretrial diversion application

When applying for diversion, defense counsel must state and the defendant must agree on the record to waive speedy-trial and final-disposition rights if diversion is granted.

Applies to

Commonwealth recommendation

The Commonwealth must submit a written recommendation to the Court in response to every application.

Applies to

Commonwealth report

If the Commonwealth recommends diversion, it must submit a written report stating the recommended diversion conditions and the appropriate sentence if the agreement is unsuccessful.

When a case is transferred because of a pending dissolution or custody matter, the emergency protective order continues and the initiating court must reissue an unserved summons for no more than fourteen days, or as the court determines necessary to protect the petitioner; further reissuance occurs as needed in the receiving court.

Deadline

1 hours

A petition must be reviewed within an hour of presentation to a Judge or Trial Commissioner unless their unavailability makes that impossible.

An eligible person may apply for pretrial diversion after indictment, but no later than 45 days before the scheduled trial.

Before the court may void diversion for noncompliance or unsatisfactory progress, the defendant must receive notice and an evidentiary hearing must occur.

A motion to vacate and expunge a plea after successful completion of diversion must be made with notice to the Commonwealth.

Applies to

Motion

Withdrawal or substitution of counsel by leave of Court requires a proper motion with notice to all parties.

Payment of any appropriate fee or charge is required for vacatur and expungement unless good cause is shown.

Fee

125 dollars

Applies to

Warning order attorney appointment request

A party requesting appointment of a Warning Order Attorney or Military Warning Order Attorney must deposit a $125 advance fee with the Clerk when making the request, unless permitted to proceed in forma pauperis.

Applies to

Notice and application for additional costs

If extraordinary postage or public advertisement costs exceed $25, the Warning Order or Military Warning Order Attorney may file notice and apply for additional costs.