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May 30-June 5, 2002

city beat

Maier Options

The courts will no longer dish out minor felony jury cases mostly to Judge Eugene Maier.

by Daniel Brook

Under fire from critics who say defendants are being unfairly deterred from exercising their right to a jury trial, Philadelphia court administrators announced a change, effective July 1, in the way it routes cases. Previously, when a defendant accused of a minor felony (such as street-level drug dealing or unarmed robbery) requested a jury trial, the case was more likely to end up in front of Judge Eugene Maier, considered the toughest sentencer in the city, than in front of any other judge. Cases were automatically routed to Maier if no judge picked up the case after three days. To avoid Maier’s courtroom, many defense attorneys advised their clients not to exercise their constitutional right to a jury trial.

Under the new court policy, announced May 27, cases will be routed at random to one of the roughly two dozen judges eligible to hear minor felony jury cases. Maier will no longer hear a disproportionate number of cases.

At press time, Maier could not be reached for comment.

Speaking to the criminal justice section of the Philadelphia Bar Association, Judge James J. Fitzgerald III, who oversees trials in the Court of Common Pleas, called the new policy "a major change."

Court administrator Joseph Cairone, who was one of the old system's staunchest supporters, told the group, "I think we've taken into consideration some of the recommendations" offered by the affected parties and "have incorporated them into this new protocol."

Ed McCann, who oversees minor felonies for the District Attorney's Office, says, "We're fine with this." McCann has long been skeptical of defense attorney claims that defendants were deterred from exercising their right to a jury trial under the old system. Under the new protocol, McCann says there may be a slight increase in the number of defendants who request jury trials, "but I don't think it's going to be anything significant."

Anne Chiarello, assistant chief of minor felonies at the Defender Association, says the new system is "a heck of a lot better than it used to be," though she notes that the decision about whether to request a jury trial is still "up to the client."

Brad Bridge, a senior attorney at the Defender Association, says his office had been in the process of filing a legal challenge to the old system of routing cases. Bridge would not discuss the details of the suit, but said it was being withdrawn in light of the change in court policy.

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May 15, 2003
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