In a recent three-month period, Butler County's seven district judges were awakened 35 times in the middle of the night for defendant arraignments -- and for no good reason, says the county's deputy court administrator.

That's why Tom Holman is overseeing a 90-day trial of a new system that will involve shifting so-called midnight arraignments to the new Butler County Jail, where those who have been incarcerated overnight will be arraigned in the morning either by videoconference or by district judges who come to the jail.

The way things have been working, a person who has been arrested on a first-degree misdemeanor or a felony charge is arraigned either by videoconference or in person by an on-call district judge. Butler County's district judges rotate the on-call responsibility on a weekly basis. Following arraignment, the person is jailed by the arresting police officer.

Mr. Holman said this system ignores the provision in the law that allows 48 hours for the arraignment of a defendant. He said waking district judges is unnecessary.

"I really don't know why we've been doing it that way," he said. The purpose of an arraignment is to apprise a defendant of the crimes with which he is charged.

Butler Township District Judge Kevin O'Donnell recalled that the policy began in the late 1980s and grew out of liability concerns by the county solicitor following an incident in which a prisoner who had not yet been arraigned had fallen. The policy followed that no one would be incarcerated who had not been arraigned.

Solicitor Julie Graham has researched the liability issues and sees the lack of formal arraignment as having no impact on the county's liability for a person who is incarcerated.

Under the new system, any suspect arrested between 11 p.m. and 8 a.m. and charged with a felony or first-degree misdemeanor would be brought to the county jail by the police. Arraignment by the on-call district judge would proceed in the morning at the jail either by videoconference or in person.

Common Pleas President Judge Thomas Doerr agreed to allow it on a trial basis, with the prior approval of the county prison board, which agreed unanimously to the 90-day tryout last week. Mr. Holman said the process will not be made permanent unless the county's criminal justice advisory board recommends it. The board will evaluate the trial period before making a recommendation.

"I have no problem giving this a try," said District Attorney Rich Goldinger, a member of the county's prison board.

Mr. Holman expects the new system to be in place by early April.

On-call district judges won't be guaranteed undisturbed sleep, however, even under the new system. Emergency protection-from-abuse orders and search and arrest warrants needed by police still will be presented for consideration, regardless of the hour of the day.

Mr. Holman said police departments will benefit because officers won't have to spend as much time with the defendant in the middle of the night, when staffing tends to be lighter.

Warden Rich Gigliotti has agreed to the plan, which involves more arraignments being held at the jail and attended by correctional officers.

Butler County district judge offices are in Evans City, Cranberry, Saxonburg, Butler, Butler Township, Slippery Rock and Chicora.

In Allegheny Court, a standing night court operates on a daily basis for all after-hours judicial needs.

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