Amended Local Rule of Criminal Procedure 117; No. AD-2-2006
[40 Pa.B. 6080]
[Saturday, October 23, 2010]
Administrative Order of Court
And Now, September 30, 2010, it is Ordered and Directed that Amended Local Rule of Criminal Procedure 117 is adopted as follows:
The Court Administrator is Directed to:
1. File one (1) certified paper copy of this Order and Amended Rule with the Administrative Office of Pennsylvania Courts,
2. File two (2) certified paper copies and one (1) diskette or CD-ROM containing this Order and Amended Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin,
3. Publish a copy of this Order and Amended Rule on the Unified Judicial System's web site at http:/ujsportal. pacourts.us,
4. File one (1) certified copy of the Amended Rule with the Criminal Procedural Rules Committee,
5. Keep continuously available for public inspection copies of the Order and Amended Rule in the Prothonotary & Clerk of Courts.
This Order shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.
By the Court
WILLIAM J. MARTIN,
Local Rule 117. Issuing Warrants; Preliminary Arraignments and Summary Trials; Setting and Accepting Bail; and Magisterial District Judge On-Call and After Hours Procedure.
(a) After hours coverage shall be provided by a Magisterial District Judge, assigned on a rotational schedule in conformity with subsections (d) and (e) of this Rule, who has countywide jurisdiction.
1. The ''Duty'' Magisterial District Judge will hold Court by video conferencing available from any approved advanced communication technology site. The Magisterial District Court Office will remain closed to the public during after hours coverage except at the discretion of the Magisterial District Judge.
2. In the event a Magisterial District Judge is needed when the Court is not scheduled for after hours coverage for the issuance of a search or arrest warrant, a protection from abuse petition, or other emergency matter; the ''Duty'' Magisterial District Judge will be contacted through the Indiana County Emergency Management Agency at 724/349-1428.
3. Procedures for executed summary warrants shall be pursuant to PA.R.Crim.P.431.
(b) Monetary Bond may be posted outside of regularly scheduled daily work hours at the Indiana County Jail.
The Indiana County Sheriff's Office is designated to accept bail deposits as provided in Rule 117, having the defendant sign the bail bond, releasing the defendant and delivering the bail deposit and bail bond to the issuing authority or the Clerk of Courts. After hour bail deposits must be in the form of cash or a money order. The posting of $10,000.00 or more in cash shall require the submission of Form 8300, an Internal Service Regulation. All persons wishing to post bail after hours shall contact the duty sheriff by calling the Indiana County Emergency Management Agency at 724/349-1428.
(c) All Magisterial District Judges shall be available during regular Court business hours on regular business days.
(d) A Magisterial District Judge shall be available at 8:00 A. M., 4:00 P. M., and 12:00 A. M. on non-business days and on non-business hours of regular business days.
(1) Magisterial District Judges shall only be available under this subsection for the purpose of executing actions enumerated under Pa.R.Crim.P. 117(A).
(2) An arresting Officer must fax a signed Criminal Complaint and any other pertinent information to the on-duty Magisterial District Judge before any preliminary arraignment.
(3) At least thirty (30) minutes before any period of availability under this section, staff of the Indiana County Jail shall inform the Magisterial District Judge of all pending requests.
(e) A Magisterial District Judge shall be available on-call at all times of all days for the purposes of reviewing and signing search warrants, arrest warrants, and Petition for Emergency Protection From Abuse Orders.
(f) If a preliminary arraignment is required, the arresting Officer shall fax a signed Criminal Complaint and any other pertinent information to the on-duty Magisterial District Judge before any preliminary arraignment. Upon fax, a copy of the Criminal Complaint shall be sent to the Indiana County Jail, and the accused shall be transferred to the Indiana County Jail for purposes of preliminary arraignment.
(g) Magisterial District Judges shall be made available under subsection (d) and subsection (e) on a rotating basis pursuant to the direction of the President Judge.
(h) This Rule shall be made effective thirty (30) days after publication within the Pennsylvania Bulletin.
[Pa.B. Doc. No. 10-1995. Filed for public inspection October 22, 2010, 9:00 a.m.]
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