Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 98-1486

THE COURTS

PART II.  LOCAL AND MINOR RULES

[234 PA. CODE CH. 6000]

Order Amending Rules 6001, 6003, 6009 and 6010; No. 236; Doc. No. 2

[28 Pa.B. 4625]

   The Criminal Procedural Rules Committee has prepared a Final Report explaining the August 28, 1998 amendments to Rules of Criminal Procedure 6001 (Disposition of Criminal Case--Philadelphia Municipal Court), 6003 (Procedure in Non-Summary Municipal Court Cases), 6009 (Notice to Municipal Court Judge and District Attorney of Appeal or of Petition for Certiorari), and 6010 (Procedure on Appeal). These amendments change the references in the Municipal Court rules from ''district attorney'' to ''attorney for the Commonwealth,'' and align the Municipal Court rules with the comparable rules in Chapters 50 and 100. These changes clarify that the procedures apply to not only the District Attorney of Philadelphia, but also any assistant district attorney in Philadelphia and any attorney in the Office of the Attorney General. The Final Report follows the Court's Order.

Order

Per Curiam:

   Now, this 28th day of August, 1998, upon the recommendation of the Criminal Procedural Rules Committee; this Recommendation having been submitted without publication pursuant to Pa.R.J.A. 103(a)(3), and a Final Report to be published with this Order:

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pa.Rs.Crim.P. 6001, 6003, 6009, and 6010 are hereby amended in the following form.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective immediately.

Annex A

TITLE 234.  RULES OF CRIMINAL PROCEDURE

PART II.  LOCAL AND MINOR RULES

CHAPTER 6000.  RULES OF CRIMINAL PROCEDURE FOR THE MUNICIPAL COURT OF PHILADELPHIA

Rule 6001.   Disposition of Criminal Cases--Philadelphia Municipal Court.

*      *      *      *      *

   (C)  A case may be transferred from the Municipal Court to the Court of Common Pleas by order of the President Judge of the Court of Common Pleas, or the President Judge's designee, upon the President Judge's approval of:

*      *      *      *      *

   (2) a certification by both defense counsel and the [District Attorney] attorney for the Commonwealth that the trial of the case will be so time consuming as to unduly disrupt the business of the Municipal Court.

   Official Note:  Present Rule 6001 adopted March 28, 1973, effective March 28, 1973, replacing prior Rule 6001; amended June 28, 1974, effective July 1, 1974; paragraph (C) added February 10, 1975, effective immediately; title amended July 1, 1980, effective August 1, 1980; Comment revised January 28, 1983, effective July 1, 1983; amended June 19, 1996, effective July 1, 1996; amended _____ , 1998, effective ______ .

*      *      *      *      *

Committee Explanatory Reports:

*      *      *      *      *

   Final Report explaining the ______ , 1998 amendments published with the Court's Order at 28 Pa.B. 4627 (September 12, 1998).

Rule 6003.   Procedure in Non-Summary Municipal Court Cases.

*      *      *      *      *

B.  CERTIFICATION OF COMPLAINT

   Before a Municipal Court judge may issue process or order further proceedings in a Municipal Court case, the judge shall ascertain and certify on the complaint that:

   (1)  the complaint has been properly completed and executed; and

   (2)  when prior [approval from the office of the District Attorney] submission to an attorney for the Commonwealth is required, [that a district] an attorney has approved the complaint.

   The Municipal Court judge shall then accept the complaint for filing, and the case shall proceed as provided in these rules.

*      *      *      *      *

E.  ACCEPTANCE OF BAIL PRIOR TO TRIAL

   The Clerk of Quarter Sessions shall accept bail at any time prior to the Municipal Court trial.

   Official Note: Original Rule 6003 adopted June 28, 1974, effective July 1, 1974; amended January 26, 1977, effective April 1, 1977; amended December 14, 1979, effective April 1, 1980; amended July 1, 1980, effective August 1, 1980; amended October 22, 1981, effective January 1, 1982; Comment revised December 11, 1981, effective July 1, 1982; amended January 28, 1983, effective July 1, 1983; amended February 1, 1989, effective July 1, 1989; rescinded August 9, 1994, effective January 1, 1995. New Rule 6003 adopted August 9, 1994, effective January 1, 1995; amended September 13, 1995, effective January 1, 1996. The January 1, 1996 effective date extended to April 1, 1996; the April 1, 1996 effective date extended to July 1, 1996; amended March 22, 1996, effective July 1, 1996; amended ______ , effective ______ .

Comment:

*      *      *      *      *

   The procedure set forth in subsection C(3) allows the Municipal Court judge to exercise discretion in whether to issue a summons or an arrest warrant depending on the circumstances of the particular case. Appropriate factors for issuing a summons rather than an arrest warrant will, of course, vary. Among the factors that may be taken into consideration are the severity of the offense, the continued danger to the victim, the relationship between the defendant and the victim, the known prior criminal history of the defendant, etc.

   If the [District Attorney of Philadelphia County] attorney for the Commonwealth exercises the options provided by Rule 107, Rule 2002A, or both, [the District Attorney] attorney must file the certifications required by paragraphs (b) of Rules 107 and 2002A with the Court of Common Pleas of Philadelphia County and with the Philadelphia Municipal Court.

*      *      *      *      *

Committee Explanatory Reports:

*      *      *      *      *

   Final Report explaining the March 22, 1996 amendments published with the Court's Order at 26 Pa.B. 1690 (April 13, 1996).

   Final Report explaining the______ , 1998 amendments published with the Court's Order at 28 Pa.B. 4627 (September 12, 1998).

Rule 6009.  Notice to Municipal Court Judge and [District] Attorney for Commonwealth of Appeal or of Petition for Certiorari.

   The Clerk of Municipal Court shall notify the sentencing judge and the [District Attorney] attorney for the Commonwealth of the filing of the appeal or the petition for a writ of certiorari.

   Official Note: Adopted December 30, 1968, effective January 1, 1969; amended February 21, 1996, effective July 1, 1996; amended ______ , 1998, effective ______ .

Committee Explanatory Reports:

*      *      *      *      *

   Final Report explaining the , 1998 amendment published with the Court's Order at 28 Pa.B. 4627 (September 12, 1998).

Rule 6010.  Procedure on Appeal.

   The [District Attorney] attorney for the Commonwealth, upon receiving the notice of appeal, shall prepare an information and the matter shall thereafter be treated in the same manner as any other court case.

   Official Note: Adopted December 30, 1968, effective January 1, 1969; amended July 1, 1980, effective August 1, 1980; amended ______ , 1998, effective ______ , 1998.

Committee Explanatory Reports:

   Final Report explaining the ______ , 1998 amendment published with the Court's Order at 28 Pa.B. 4627 (September 12, 1998).

Final Report1

Amendment of Rules 6001, 6003, 6009, 6010

PHILADELPHIA MUNICIPAL COURT RULES

   On august 28, 1998, upon the recommendation of the Criminal Procedural Rules Committee, the Supreme Court approved the amendments to Rules of Criminal Procedure 6001 (Disposition of Criminal Case--Philadelphia Municipal Court), 6003 (Procedure in Non-Summary Municipal Court Cases), 6009 (Notice to Municipal Court Judge and District Attorney of Appeal or of Petition for Certiorari), and 6010 (Procedure on Appeal). These amendments change the references in the Municipal Court rules from ''district attorney'' to ''attorney for the Commonwealth.'' The Committee recommended these changes because the Municipal Court rules should be aligned with the comparable rules in Chapters 50 and 100. These changes clarify that the procedures apply to not only the District Attorney of Philadelphia, but also any assistant district attorney in Philadelphia and any attorney in the Office of the Attorney General. These amendments are effective immediately.

[Pa.B. Doc. No. 98-1486. Filed for public inspection September 11, 1998, 9:00 a.m.]

_______

1  The Committee's Final Reports should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the Committee's explanatory Final Reports.


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.