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PA Bulletin, Doc. No. 98-1309

THE COURTS

Title 255--LOCAL COURT RULES

CARBON COUNTY

Adoption of Local Rule L1901.5--Violation of a Temporary or Final Order; No. 98-1435

[28 Pa.B. 3936]

Administrative Order No. 12-1998

   And Now, this 28th day of July, 1998, pursuant to 23 Pa.C.S.A., Section 6113(c), it is hereby

   Ordered and Decreed that the Carbon County Court of Common Pleas hereby Adopts Local Rule L1901.5 governing procedures for Violation of a Temporary or Final Order, effective September 1, 1998.

   It is furthered Ordered and Decreed that seven (7) certified copies of this Administrative Order shall be filed with the Administrative Office of Pennsylvania Courts; two (2) certified copies shall be distributed to Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and one (1) certified copy shall be filed with the Pennsylvania Civil Procedural Rules Committee.

By the Court

JOHN P. LAVELLE,   
President Judge

Rule L1901.5.  Violation of a Temporary or Final Order.

   If a temporary order of a District Justice is violated, or if a temporary order or final order of a Judge is violated, it shall be presumed that the Court of Common Pleas is unavailable and the arresting police officer shall take the defendant before a District Justice in the magisterial district in which the abuse for which relief is requested occurred. The District Justice shall advise the defendant:

   1.  That he or she is being charged with violating a temporary order of a District Justice or a Judge, as appropriate, or of a final order of a Judge, and

   2.  (a) That, if a violation of a temporary order of a District Justice, the matter will be referred to the Court after which a hearing will be set within ten (10) days; or

   (b)  That, if a violation of a temporary order of a Judge, that a hearing has already been set and the defendant shall be told of the time and the place of that hearing; or

   (c)  That, if the violation is of a final order of the Court, a hearing will be set by the Court within ten (10) days of the Court's receipt of the notice of the alleged violation; and

   3.  Of the defendant's right to counsel, and the address and telephone number of the Carbon County Public Defenders' Office.

   The District Justice shall then consider bail for the defendant in accordance with any and all applicable Bail Rules.

[Pa.B. Doc. No. 98-1309. Filed for public inspection August 14, 1998, 9:00 a.m.]


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