In Re: Modification of Local Rule of Criminal Procedure 117; AD-2-2006
[40 Pa.B. 702]
[Saturday, February 6, 2010]
Administrative Order of Court
And Now, January 15, 2010, it is hereby Ordered that the existing text of Indiana County Rule of Criminal Procedure 117 is modified to add the text of the Rule attached to this Order. This modification shall not alter the pre-existing text of Indiana County Rule of Criminal Procedure 117, and said text remains in full force and effect.
The Court Administrator is Directed to:
1. File one (1) certified paper copy of this Order and modification of Rule with the Administrative Office of Pennsylvania Courts,
2. File two (2) certified paper copies and one (1) diskette containing this Order and modification of Rule with the Legislative Reference Bureau for the purposes of publication in the Pennsylvania Bulletin,
3. Publish a copy of this Order and modification of Rule on the Unified Judicial System's web site at http://ujsportal.pacourts.us, and
4. File copies of this Order and modification of Rule with the Prothonotary and Clerk of Courts.
The Prothonotary and Clerk of Courts is Directed to keep available continuously at least one (1) copy of this Order and modification of Rule for public inspection.
This Order and attached modification of Rule shall become effective on February 20, 2010.
By the Court
WILLIAM J. MARTIN,
Local Rule 117. Magisterial District Judge On-call and After Hours Procedure.
(a) All Magisterial District Judges shall be available during regular Court business hours on regular Business days.
(b) A Magisterial District Judge shall be available at 6:00 AM, 2:00 PM and 10:00 PM 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.
(c) 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.
(d) 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.
(e) Magisterial District Judges shall be made available under subsection (b) and subsection (c) on a rotating basis pursuant to the direction of the President Judge.
(f) This rule shall be made effective thirty (30) days after publication within the Pennsylvania Bulletin.
[Pa.B. Doc. No. 10-219. Filed for public inspection February 5, 2010, 9:00 a.m.]
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