Commonwealth v. Glass

LARSEN, Justice,

concurring.

I concur in the result reached by the majority in this case but disagree that the delay was “plainly the result of the negligence, inefficiency or overcrowding in the courts of Blair County.” To the contrary, most of the delay was caused by the transcript not being filed and the trial judge’s resignation. A transcript is necessary in order to dispose of post-verdict motions, which must be disposed of prior to sentencing. The party taking an appeal has an obligation to see that the trial transcript is prepared and filed. As such, appellant had an obligation to follow up on the status of the transcript, including its filing with the court, so that the court could rule on his motions. Appellant, however, did not follow up on the preparation or filing of the transcript for almost three years. Clearly, appellant failed to meet his obligation, and, therefore, the blame lies not with the courts of Blair County but in appellant himself.

In addition, I fail to see how the trial judge’s resignation resulted from the negligence, inefficiency or overcrowding of the Blair County courts. The resignation did, in fact, delay the proceedings in this case, but it does not follow that the court system in Blair County is to blame. A judge’s resignation is a matter of personal choice.