WHEREAS, the Criminal Justice Section of the Philadelphia Bar Association hereby requests the Board of Governors Of the Philadelphia Bar Association to allow the Criminal Justice Section to participate in and/or initiate litigation in the following areas where questions of due process and fairness are being implicated.

A. Sheriff's Office of Philadelphia County is either grossly understaffed or not allocating its resources properly. As a result, Defendants at times are not brought down For trial because there are no available Sheriffs. The City is not allowing adequate funding for the hiring of Sheriffs. The Sheriff is not utilizing deputies in criminal cases. A lawsuit needs to be brought compelling the City to allot sufficient funds so there can be adequate safety, security, and adequate transportation of prisoners to insure that each person will timely be brought to a trial or hearing and to compel the Sheriff to properly allocate his employees.

B. Inmates are not being timely brought down from State Institutions, resulting in repeated continuances, particularly in post-conviction relief matters. Many of the cases are being delayed on numerous occasions implicating fundamental due process. As a result, this happens not only in post-conviction and appellate matters but also in trials where Defendants and/or witnesses are not timely brought down.

NOW, THEREFORE, BE IT RESOLVED that the Board of Governors of the Philadelphia Bar Association authorizes the Criminal Justice Section to initiate negotiations and/or litigation to insure that fundamental due process is being met in the Court of Common Pleas of Philadelphia County to insure that all prisoners will be timely brought to a hearing or trial.

ADOPTED: April 21, 1994