The Honorable Jeannine Turgeon
PREFERENCES REGARDING COMMUNICATION BETWEEN COUNSEL AND THE COURT, INCLUDING E-MAIL. IS THERE A PREFERRED MEANS OF COMMUNICATION BETWEEN LETTERS/FAXES, TELEPHONE, AND E-MAIL?
Counsel may communicate emergencies with the court by email, copying opposing counsel if judicial assistant or law clerk are unavailable. Prefer letter or fax.
PREFERENCES REGARDING COMMUNICATION BETWEEN COUNSEL OR PARTIES (IF PRO SE) AND THE COURT'S JUDICIAL ASSISTANT OR LAW CLERK, INCLUDING E-MAIL.
Counsel may communicate to Court's judicial assistant or law clerk including by email, copying opposing counsel or parties (if pro se).
PREFERENCES REGARDING TELEPHONE VS. IN-PERSON CONFERENCE
No preference; depends upon issue.
PREFERENCES REGARDING TELEPHONIC TESTIMONY
Prefer the parties do not inconvenience teachers or other professionals by taking time off from work to be in court for custody or support hearings. Telephonic testimony for them is preferable. Notification of such to the Court and other parties involved should be in writing by letter or email.
Requests for telephonic testimony by participants in a court hearing should be submitted to the Court in writing by letter or email.
COURTESY COPIES OF MOTIONS, BRIEFS, ETC. DOES THE JUDGE WANT AN EXTRA COPY FOR LAW CLERK? WOULD JUDGE WANT DOCUMENTS SENT ELECTRONICALLY?
One courtesy copy to chambers is sufficient. Copies of pleadings may be sent by email or fax. Include draft Order and when appropriate, additional draft Order scheduling hearing or Rule to Show Cause Order.
REQUIREMENTS FOR SEALING RECORDS
Records are not sealed unless appropriate under the law.
GENERAL PROCEDURE FOR SCHEDULING NON-JURY TRIALS/CONFERENCES (LENGTH OF NOTICE, FORM OF NOTIFICATION, ETC.)
Follow Dauphin County Local Civil Rule 215.2 Judge issues a scheduling order after receiving the assignment from the Court Administrator's Office. If requested, available hearing dates can be emailed to counsel if supplied to judicial assistant.
POLICIES REGARDING CONTINUANCES
Request should be in the form of a motion served on the opposing party. Motion should aver the opposing counsel has been contacted and has no opposition to request. Supply draft order.
POLICIES FOR SUBMITTING MOTIONS IN LIMINE, INCLUDING WHETHER OR NOT A BRIEF IS REQUIRED
Motions in limine should be filed as soon as the issue presents in civil or criminal cases but no later than the pre-trial conference date in civil cases. Briefs are only necessary where the issue is unusual or complex (or where requested by the court after review). Copies of controlling cases should be supplied in some cases.
TIME FRAME FOR SUBMITTING TRIAL BRIEFS/POINTS FOR CHARGE
Trial briefs should be presented at the pre-trial conference in civil cases. In criminal cases the brief should be filed about one week prior to trial if requested by the judge or where a complex issue is presented.
In criminal jury trials, points for charge must be submitted at least before trial commences. In civil jury trials, one day prior to close of case, preferably earlier.
PREFERENCES REGARDING VOIR DIRE, INCLUDING WHETHER COURT OR COUNSEL CONDUCTS VOIR DIRE AND WHETHER COURT REQUIRES SUBMISSION OF REQUESTED QUESTIONS PRIOR TO JURY SELECTION
Counsel conducts the voir dire; proposed questions need not be submitted in advance unless any have the potential for being problematic. In the latter case, questions should be raised as part of pre-trial motion in limine and addressed in pre-trial brief.
PREFERENCE AS TO WHETHER COUNSEL SHOULD SIT/STAND DURING WITNESS EXAMINATION
Counsel may remain at counsel table or at the bar so long as counsel's voice is clearly heard by the Court, court reporter, jury and witness.
HOW TO ORDER TRANSCRIPTS
Requests for transcripts should follow the Dauphin County Local Rule of Criminal Procedure 115; Rule of Civil Procedure 227.3 or Rule of Civil Procedure 1930.2
WEDDINGS
Generally only performs ceremonies for friends
PREFERENCE FOR PRE-MARKING EXHIBITS
Please have all proposed exhibits marked prior to trial (bench or jury) by the Court Reporter, Jane Crawford.
If there are any exhibits during the trial of which a photo is required for the record (for example showing the similarity between a piece of hard pretzel and crack cocaine) a Polaroid camera photo should be taken of the demonstration and marked as an exhibit.
Any large exhibits such as drawings on a black chalk board, drawing on a paper board by a witness, a photo shall be taken and marked as an exhibit for permanent record purposes (See: Dauphin County Local Rule of Civil Rule 223.2)
Following Closing Arguments and Charge to the Jury in Jury Trials counsel will be required to review on the record exhibits (seriatim). If it is agreed they will go down to the jury during deliberations, they should be handed (on the record) to the Court Clerk. If it is agreed the exhibits should not, they should be placed on the Court Reporter's Desk. If there is a disagreement, they should be placed on the Clerk's Desk. All exhibits that are agreed can go to the jury will be taken by the Tipstaff to the Jury. Then a discussion and debate on those exhibits for which there is a controversy will be addressed.
ORDER ON USE OF ELECTRONIC DEVICES
See this order for rules on electronic devices in the courtroom.
CRIMINAL COURT
GUILTY PLEAS
The Court prefers each defendant's counsel present a pre-signed comprehensive written guilty plea colloquy form for each case, to avoid the necessity of presenting a lengthy oral colloquy. Review the form briefly with the defendant on the record. If a (county or state) pre-sentence investigation is sought or waived that shall be orally placed on the record.
Judge Turgeon generally sentences most defendants within the standard range of the sentencing guidelines (prosecution prepares Guideline Form). Fines are generally $250 per count. Restitution has priority for payment over fees, fines and costs. All defendants sentenced to Dauphin County Prison, unless otherwise stated, are eligible for transfer to the Work Release Center (if employment has been confirmed). If eligible for Intermediate Punishment, most defendants are sentenced to:
- Standard probation rules and regulations
- Obtain/maintain full time employment (plus part-time when appropriate)
- Regular payment on fees, fines and costs
- Attend Sexually Transmitted Disease class (D. C. has one of the highest STD rates in state)
- Maintain child support payments (if under a DRO order)
- Attend parenting classes (if defendant or their children could benefit there from)
- Twenty-six (26) weeks batterers program (if defendant exhibits domestic violence or anger control problems)
- TASC (Dauphin County Drug & Alcohol) evaluation and any treatment recommended including AA/NA meetings, obtain AA/NA sponsor, drug testing (if defendant exhibits possible D&A issues. Dauphin County Executive Commission on Drugs & Alcohol (DCECDA), 1100 S. Cameron Street, Harrisburg, PA 17104; Phone: 635-2254. If defendant is a veteran the evaluation/treatment must be obtained from the VA hospital. MH/MR evaluation and treatment if defendant exhibits mental health issues such as depression, etc. MH/MR Case Management Unit, 100 N. Cameron Street, Harrisburg, PA; 255-2888.
- Community service (generally 50 hours)
- Obtain GED and/or job skills training
If defendant is a sex offender, defendant will be required to undergo evaluation from a recognized firm such as T.W. Ponessa & Associates or PA Counseling Services or Johns Hopkins or Dr. Fred Berlin in Baltimore, Maryland, individual and group therapy, periodic maintenance polygraphs, and pharmacological treatment, if appropriate.
If it is a state sentence, generally Judge Turgeon will also attach these conditions upon the defendant upon parole from SCI:
If a pre-sentence investigation is requested (county generally completed in 30 days; state generally takes 60-90 days) the Judicial Assistant, Holly Williard, will issue an order scheduling sentencing hearing in those time frames. Counsel is requested to waive the 60 day rule (Rule of Crim.P.) on the record.
PREFERENCES/PROCEDURES IN JUDGE'S ASSIGNED AREAS
DOMESTIC RELATIONS
The Domestic Relations Office (8th Floor, Human Services Building, 25 South Front Street, Harrisburg, Pennsylvania 717-255-2796 Phone/717-780-6849 Fax) is responsible for working with families to establish and enforce support orders for children and spouses. It includes administrators, conference officers, enforcement officers, an attorney and various technical and clerical staff. DRO is divided into six (6) teams, client services, fiscal, court, local, interstate and administrative sections. Management of the DRO is overseen by the President Judge.
As in all Domestic Relations Offices, the Pennsylvania Child Support Enforcement System (PACSES), automated computer system, tracks cases and keeps financial records. PACSES also provides tools to enforce support orders. In 2011, the Dauphin County DRO caseload exceeded 15,000 cases. Clients filed more than 2,416 new cases along with approximately 1,720 petitions to modify existing support orders. The Dauphin County DRO collected more than 39.9 million dollars in 2011 in enforcement remedies.
After a plaintiff/obligee files a child and/or spousal support complaint or a modification petition, a conference is held by a DR Conference Officer within 3-5 weeks. When the clients involved (plaintiff or defendant) are unable to agree about the support to be paid, the Domestic Relations conference officer recommends to the Court the amount of money, insurance coverage, etc. for support, based on the Pennsylvania Supreme Court Support guidelines set forth in the Pennsylvania Rules of Civil Procedure 1910. If one of the parties appeals the initial court order, upon timely filing (20 days) and paying the filing fee ($15), a de novo hearing is held by the Court within 4-6 weeks thereafter.
[Please Click Here for information on the
Child Support Web Site Overview]
DRO APPEALS COURT
The Domestic Relations Judge, the Honorable Jeannine Turgeon, conducts an average of three half-day appeal sessions each month at 9:00 AM and 10:30 AM court sessions. About 25 cases are scheduled for each session.
Support appeal cases are generally called in court by Kim Robison, Director of DRO. The parties and counsel should present themselves at the bar of the courtroom, before the judge. Ms. Robison gives a summary of the case history and computations made by the DR conference officers, followed by her computations, if she has arrived at a different figure. Legal counsel for each party presents to the judge the reasons for their appeal and an offer of proof of their clients and witnesses' (if any) testimony. The parties are sworn in and adopt/affirm that offer on basic factual information relevant to the issues on appeal or make any factual corrections or additions (this eliminates lengthy testimony). Additional testimony and cross examination may be presented as necessary. The Judge generally issues her decision immediately. The parties are requested to be quietly seated in the courtroom as DRO staff prepares the Court Order on the PACSES computer. All parties will receive a copy of the Court's Order immediately following their hearing.
ENFORCEMENT
Enforcement conferences are scheduled based upon one of the following: 1) A PACSES generated delinquent (30 days) list printed at the end of each month; 2) Referrals from DRO coworkers that may have noticed noncompliance; 3) Data Integrity Lists (clean-up) from PACSES periodically generated to enhance enforcement; 4) Complaints from plaintiffs.
To collect support payments, various enforcement remedies are used by DRO including wage attachments, automatic bank withdrawals, Financial Institution Data Matches, bank account seizures, federal and state tax return intercepts, drivers and professional license suspensions, as well as DR enforcement conferences and contempt hearings. When an obligor fails to pay support in accordance with the Court's order, the obligor is scheduled for an enforcement conference. If payment is not received or otherwise resolved at the conference or the defendant fails to appear, the case is scheduled for Contempt Court, which is held within 4-6 weeks thereafter. Notices are mailed to last known addresses of both plaintiff and defendant.
DRO CONTEMPT COURT
Contempt Court is held approximately 4 half-days each month and generally 50-100 cases are scheduled before Judge Turgeon (Courtroom 7). Notices are mailed to both plaintiff (obligee) and defendant (obligor) including the total amount required to avoid contempt (prior six (6) months of unpaid support). Prior to court, DR enforcement officers at a table outside the courtroom, meet with each obligor/defendant. At this time, the "purge" amount (six months of unpaid support) is discussed. The defendant has an opportunity to present new information to revise their "purge" amount, (preventing payment ) such as proof of disability, proof of payments not on the PACSES computer system, in-patient treatment, incarceration, proof of medical insurance if that is the basis of contempt. If paid, this "purges" the obligor of their contempt of the support order.
As each case is called in court, the team enforcement officer presents to the Court the relevant history of the case and purge amount, following which the parties may present relevant testimony. A defendant may be held in contempt of court (failure to abide by the court order, regarding support payments, provide insurance, etc.). Generally contemptuous defendants are sentenced to 6 months incarceration at the Work Release Center, attendance at an STD class, parenting class and/or Seminar for Separating Families, community service plus a $200 fine. If they have a history of several employers, they are ordered to establish a bank account garnishment with PACSES within five (5) days in lieu of a wage attachment for payment of future support. If they are not visiting with their children, are given information on how to initiate custody/visitation proceedings.
Defendants may purge themselves of contempt by paying the missed support payments over the last six (6) months or curing any other compliance issue such as proof of health insurance coverage, etc. If a defendant is sentenced to incarceration, a representative of the Adult Probation Office from the Dauphin County Prison Work Release Center is present to interview the defendant and confirm defendant's employment and review the details of the defendant's jail commitment with him or her. If employed, the defendant must obtain a TB test and report on the selected date directly to the Work Release Center, where they work daily, pay rent and pay their DR support.
If a defendant fails to appear for Contempt Court, a capias is issued for their arrest. When arrested the defendant is placed immediately in Dauphin County Prison where after the Court hears their case within three business days during Capias Court generally held 1:00 PM every Monday and Thursday. Indigent defendants may be represented by a Public Defender if they apply for representation at least one week prior to their hearing.
For more information about Dauphin County Domestic Relations Office: Click Here
CUSTODY
All custody cases properly filed in the Prothonotary's Office are immediately scheduled for a Conciliation Conference before a Conciliation Officer. If the case does not settle before the Conciliator, it is assigned to a judge by the Deputy Court Administrator.
Upon receiving assignment of a custody matter, Judge Turgeon issues the following standard order:
Sample Custody Affidavit Concerning Crimes
AFCC Shared Parenting
Judge Turgeon requires every party in a Custody action, prior to attending the 4 hour educational seminar for parents (presented by Interworks (236-6630) held in the Courthouse), to read the "Planning for Shared Parenting - A Guide for Parents Living Apart," prepared through a collaborative effort of mental health and legal professionals in the Association of Family and Conciliation Courts. Counsel are expected to have previously met and attempted to resolve as many issues as possible. During the pre-trial conference, the Court will meet with counsel first and based on counsels' "offers of proof" the Court will generally suggest the parameters for further settlement negotiations with their clients. After counsel confer with their clients, if appropriate, the Court will meet with the parties and counsel in chambers, if counsel believes it might be helpful in settling the case. If the case does not settle and/or the parties seek custody evaluations or mediation, the date for trial may be rescheduled under the following form Order:
Parent Coordinator Appointment Order
TRIAL
Immediately prior to a custody trial, the Judge will meet with counsel in chambers to narrow the trial issues. At this time, frequently parties are very close to an agreement and the Court is able to conciliate or mediate a settlement, sometimes after meeting with the parties and/or child, if appropriate. If a witness' testimony is to be telephonically presented, counsel will generally present it in chambers via the judge's speaker telephone. In trial, counsel will present offers of proof prior to each witness and party, eliminating the necessity for a lot of uncontested basic factual background information. Prior to receiving testimony from other witnesses or following the parents' testimony, and with the agreement of counsel and parties the Judge will interview the child/ren alone in chambers (along with the court reporter) as this is the best way to make the child feel comfortable and in turn provide candid answers. Counsel has the right to provide questions to the Judge. Following the child's testimony, the Judge usually meets with counsel in chambers to advise them of the essence of the child's testimony, following which many settlements are reached. Following trial the Court will enter an Order.
The following is the Court's standard Order and recommended form of order for settled custody cases as well:
