(A) The judge who presided at the trial or who received the plea of guilty or nolo contendere shall impose sentence unless there are extraordinary circumstances which preclude the judge's presence. In such event, another judge shall be assigned to impose sentence. (B) The supervision of a defendant serving a sentence may be transferred to a judge other than the original sentencing judge in any of the following situations: (1) The original sentencing judge has been transferred out of the Criminal Division and consents in writing to the transfer of the supervision; (2) The case has been accepted into a First Judicial District reentry program and, after a hearing or in writing, the defendant and the original sentencing judge consent to supervision being transferred to a judge presiding over the reentry program; (3) The defendant is facing a new sentencing in front of a different judge on a separate case and, after a hearing or in writing, the defendant and the original sentencing judge consent to supervision being transferred to the other judge; or (4) There exist extraordinary circumstances, including death, incapacitation or retirement, which preclude the presence of the original sentencing judge.Adopted by order dated 9/25/2020. Published in the Pennsylvania Bulletin on 10/24/2020 and effective 11/23/2020.Comment:
Local Rule 700(A) tracks Pa.R.Crim.P. 700(A).
Pa.R.Crim.P. 700 also governs sentencings that result from a violation of probation or parole. See Comm. v. McNeal, 120 A.3d 313 (Pa. Super. 2015). Accordingly, Local Rule 700(B) flows from Pa.R.Crim.P. 700(B), which invites promulgation of local rules to expand the circumstances under which transfers from one judge to another may be made. Local Rule 700(B) reflects the recognition that transfers are appropriate under a variety of circumstances, including where a defendant has the opportunity to enter one of the First Judicial District's reentry programs or in order to consolidate a violation hearing in front of the "back judge" with the sentencing for a new case in front of a different judge.