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PA Bulletin, Doc. No. 06-1539

THE COURTS

LANCASTER COUNTY

Adoption of Rule of Criminal Procedure No. 117 and Amendment of Local Rule for Magisterial District Judges 5B; No. 3 AD 2006, CPJ. No. 7, Page 1357

[36 Pa.B. 4464]
[Saturday, August 12, 2006]

Administrative Order

   And Now, this 31st day of July, 2006, Lancaster County Rule of Criminal Procedure No. 117 and Amended Rule No. 5B of the Lancaster County Rules for Magisterial District Judges are adopted as follows:

Rule 117 Coverage:  Issuing Warrants; Preliminary Arraignments and Summary    Trials; and Setting and Accepting Bail
(A)  Coverage of Northeast and Northwest Sectors
(1)  Continuous Coverage (24/7)
Magisterial district judges serving within the Northeast and Northwest Sectors shall be available twenty-four hours per day to provide continuous coverage for the issuance of search warrants pursuant to Pa.R.Crim.P. 203, the issuance of arrest warrants pursuant to Pa.R.Crim.P. 513, conducting preliminary arraignments pursuant to Rule 516, setting bail pursuant to Rule 517(A), accepting complaints and conducting preliminary arraignments pursuant to Rule 519(A)(1), requests to accept bail pursuant to Pa.R.Crim.P. 520(B), and requests for emergency relief under the Protection From Abuse Act.
(2)  Limited Coverage (Without Unnecessary Delay)
Magisterial district judges serving within the Northeast and Northwest Sectors shall be available without unnecessary delay, each day of the week between 6:00 A.M. and 10:00 P.M. for the purpose of providing the services set forth in Pa.R.Crim.P. 117(A)(2)(a) requiring conducting summary trials or setting collateral in summary cases under Rule 431(B)(3) and Rule 441(C). Between the hours of 10:00 P.M. and 6:00 A.M., duty court judges may defer the performance of Rule 117(A)(2)(a) services without unnecessary delay to after 6:00 A.M.
(B) Coverage of Central and Southern Sectors
(1) Continuous Coverage (24/7)
Magisterial district judges serving within the Central and Southern Sectors shall be available twenty-four hours per day to provide continuous coverage for the issuance of search warrants pursuant to Pa.R.Crim.P. 203, arrest warrants pursuant to Pa.R.Crim.P. 513, requests to accept bail pursuant to Pa.R.Crim.P. 520(B), and requests for emergency relief under the Protection From Abuse Act.
(2)  Limited Coverage (Without Unnecessary Delay)
Magisterial district judges serving within the Central and Southern Sectors shall be available each day of the week without unnecessary delay to conduct preliminary arraignments pursuant to Rule 516, setting bail pursuant to Rule 517(A), and accepting complaints and conducting preliminary arraignments pursuant to Rule 519(A)(1). In addition, they shall be available without unnecessary delay each day of the week between 6:00 A.M. and 10:00 P.M. for the purpose of providing the services set forth in Pa.R.Crim.P. 117(A)(2)(a) requiring conducting summary trials or setting collateral in summary cases under Rule 431(B)(3) and Rule 441(C). Between the hours of 10:00 P.M. and 6:00 A.M., duty court judges may defer the performance of Rule 117(A)(2)(a) services without unnecessary delay to after 6:00 A.M.
(C)  Magisterial District Judges, the Clerk of Court or his designees, and the Warden of the Lancaster County Prison or his designees, shall be authorized to accept bail in accordance with the provisions of the Pennsylvania Rules of Criminal Procedure.
Rule No. 5B of the Lancaster County Rules For    Magisterial District Judges is hereby deleted    and the following is substituted:
B.  Duty Court coverage in each Sector shall be provided in accordance with the provisions of Lancaster County R.Crim.P. 117.

By the Court

LOUIS J. FARINA,   
President Judge

[Pa.B. Doc. No. 06-1539. Filed for public inspection August 11, 2006, 9:00 a.m.]


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