THE COURTS
Title 255--LOCAL
COURT RULES
DAUPHIN COUNTY
Promulgation of Local Rules; No. 261 M. D. 2001
[31 Pa.B. 2366]
Order And Now, this 19th day of April, 2001, Dauphin County Local Rules of Criminal Procedure are hereby amended as follows:
[Rule 130. Procedure in Court Cases Initiated by Arrest Without Warrant.
(a)--(b) Reserved.
(c) An arresting officer, when the officer deems it appropriate, may promptly release from custody a defendant who has been arrested without a warrant, rather than taking the defendant before the issuing authority, when the following conditions have been met.
(1) The most serious offense charged is a misdemeanor of the second degree.
(2) The defendant is a resident of the Commonwealth.
(3) The defendant poses no threat of immediate physical harm to any other person or to himself or herself.
(4) The arresting officer has reasonable grounds to believe that the defendant will appear as required.
(5) The defendant does not demand to be taken before an issuing authority.
(d) When a defendant is thus released, a complaint shall be filed against the defendant within five (5) days of the defendant's release. Thereafter, a summons, not a warrant of arrest, shall be issued and the case shall proceed as provided in Rule 110 of the Pennsylvania Rules of Criminal Procedure.] RESCINDED.
Comment: This rule is rescinded as it is duplicative of the State rule.
Rule of Criminal Procedure [161] 301. Accelerated Rehabilitative Disposition (ARD) in Summary Cases.
(a) Eligibility: Pursuant to the District Attorney's designation filed under Pa.R.Crim.P. [160(b)(2)] 300 B(2), all summary first offenders and summary juvenile offenders may apply for admission to the program with the following exceptions:
i. Any offense which is excluded by statute.
ii. Any offense under Title 75 (Vehicles).
iii. Any offense charged by local ordinance, with the exception of local ordinances prohibiting the public display of open containers of alcoholic beverages.
iv. Any offense which is the result of an original charge classified as a misdemeanor three or above, which is subsequently reduced.
v. Any offense which is joined with a court case which is held or waived for trial at a preliminary hearing.
(b) Program Costs: The costs taxable under each docket number shall be $50 (fifty dollars), in addition to restitution, if any, both of which shall be payable no later than the day of admission to the program. The District Justice may, in appropriate cases, waive or defer payment of the ARD fee. Restitution may not be waived. The defendant shall further agree, as a condition of the ARD program, to pay the costs of any recommended treatment and/or community service program, and further pay any assessed probation supervision fees.
(c) Application: Eligible offenders may apply for ARD by completing an application, waivers or Rule [1100] 600 and applicable statutes of limitations, and submitting them to the Dauphin County District Attorney for preliminary investigation. The District Attorney shall have full authority to conduct a criminal and social background check and shall have access to any available records to confirm application information. The District Attorney shall further consider input from the victim, if any, and recommend restitution when appropriate. The District Attorney may then move for the defendant's inclusion in ARD.
(d) Program Conditions: An offender admitted to ARD shall comply with the following:
i. Obey all federal, state and local penal laws, and all rules of probation.
ii. Complete a minimum of 20 hours of community service.
iii. Undergo a drug and alcohol evaluation, if required by the District Justice, and complete any recommended treatment.
iv. Complete any other adjudication alternative program as directed by the District Justice.
(e) Program Admission and Completion: An eligible offender may be admitted to ARD by the District Justice upon the motion of the District Attorney. Bail, security or other collateral shall terminate upon entry. Admission to ARD shall not affect any period of license suspension/revocation directed by statute. Upon satisfactory completion of the program, the charges against the defendant shall be dismissed. The record of arrest shall not be affected by the operation of this local rule, however upon successful completion of the program, the case record shall be sealed by the District Justice.
The District Justice, in all cases where he/she finds the defendant guilty through trial and therefore ineligible for ARD, may refer the defendant to the program as part of a post-dispositional order. In all such cases the issuing authority shall consider imposing a fine with the provision that the fine be vacated or reduced if the defendant successfully completes the program. Restitution may not be reduced under this provision.
(f) Program Monitoring: The Dauphin County Adult and Juvenile Probation departments, or representatives from an adjudication alternative program, or Pre-Trial Services, are hereby authorized to monitor and supervise a defendant's progress in the summary ARD program. Further such organizations shall inform the District Justice of either the offender's successful completion, or the failure to complete, and in the latter case may testify as to the reason therefor in program revocation proceedings. An allegation that the defendant has violated a condition of ARD must be brought during the term of the program, or if filed thereafter, within a reasonable time after the alleged violation was committed.
(g) Revocation: Should a defendant fail to comply with any condition of the ARD program, he or she may be revoked from the program by order of the District Justice at a revocation hearing where the defendant will be afforded an opportunity to be heard. The District Justice may issue such process as is necessary to bring the defendant before the Court. Should the defendant fail to appear after receiving notice of a revocation hearing, the District Justice may issue a warrant pursuant to Pa.R.Crim.P. [75] 430. No appeal shall be allowed from a revocation order.
Upon revocation from the summary ARD program, or if a defendant declines to accept the program, the case shall thereafter be scheduled for trial pursuant to Chapter [50] 4 of the Pennsylvania Rules of Criminal Procedure.
(h) Monthly Report: District Justices shall submit a monthly report on the disposition of all cases which have applied for entry to ARD to the District Attorney. Should admission to ARD be denied, the reasons for such denial shall be included.
Rule [301] 106. Continuances Where Case Set for Jury Trial.
(a) All motions for a continuance shall be in writing and filed with the Clerk of Courts no later than 4:00 p.m. on the Wednesday prior to the week of criminal jury trials during which the case is scheduled for trial. A copy of the motion shall be served on opposing counsel by the same deadline.
The motion shall contain a procedural history of the case, beginning with date of filing of the criminal complaint, and a recitation of any prior continuances sought. The motion shall aver whether opposing counsel has been contacted concerning the motion and shall state counsel's position thereon.
In cases which have been permanently assigned, the motion shall be addressed to the assigned judge. All other cases shall be referred to the motions judge.
(b) The Court Administrator will assign all such motions to the [motion's] motions judge who will either dispose of the motion on its face or assign the motion to the judge assigned to the case for trial or plea.
(c) A later motion shall be entertained only when the opportunity therefor did not previously exist, or the defendant was not aware of the grounds for the motion, or the interests of justice require it.
(d) A later motion shall be presented only in open court before the business court judge or the judge assigned to the case for trial. Reasonable notice shall be afforded opposing counsel prior to the presentation of the motion in open court.
Pretrial Proceedings Rule [302] 120. Attorneys.
(1) The Clerk of Court, his or her deputy and employees, and all persons employed in this Court, shall neither practice as attorneys, nor be interested, directly or indirectly, as partners or otherwise, in the fees of attorneys practicing in this Court.
(2) Attorneys shall not communicate or cause another to communicate with a Judge or an official before whom a proceeding in which the attorney is involved is pending, with regard to such proceeding, except:
(a) in the course of official proceedings in the cause;
(b) in writing if she/he promptly delivers a copy of the writing to opposing counsel or the adverse party if she/he is unrepresented; or
(c) orally upon adequate notice to opposing counsel or to the adverse party if unrepresented.
(3) No attorney, who is also a Notary Public, or otherwise authorized to administer oaths, shall take the affidavit of his or her own client.
(4) No attorney will be received as bail or surety in any suit, action, prosecution, or proceeding in any Court of this County, whether or not a Court of record, nor may the Prothonotary, Sheriff, Sheriff's Officer, or any other person concerned in the execution of process, become such bail or surety in any action or proceeding.
Bail Rule [4006] 520. Types of Bail.
(a) A District Justice or a Judge of the Court of Common Pleas may allow defendants charged with a crime or crimes to post as bail with the District Justice or Clerk of Courts a sum of money, in United States currency, equal to ten (10%) percent of the full amount of the bail, fixed by the District Justice or Judge of the Court of Common Pleas in those cases where the defendant or other surety evidences sufficient financial reliability as to the full amount of the bail.
(b) The sum of money required for percentage cash bail may be furnished by the defendant or by a third person acting as surety, and the bail certificate shall disclose the name and address of the person furnishing the money listing said person as surety.
(c) The sum of money furnished shall be receipted for, deposited, accounted for, forfeited, or returned in accordance with the Pennsylvania Rules of Criminal Procedure.
(d) Rescinded.
Comment: Subsection (d) has been renumbered to Rule 535.
Rule 535. Return of Deposit.
After twenty (20) days following the final disposition of the case, and provided there has been no bail revocation or forfeiture, the sum of money constituting percentage cash bail shall be returned to the person who originally furnished it, less a retention fee for the use of the county for administering the percentage cash bail program. In cases held for court, the retention fee shall be received and accounted for by the Clerk of Courts. In cases not held for court, the issuing authority shall forward the retention fee to the County Controller.
Comment: Former Rule 4006(d).
Rule [4008] 530. Duties and Powers of a Bail Agency.
(a) The Dauphin County Pre-Trial Services Agency is hereby designated as the county bail agency pursuant to Rule [4008] 530 of the Pennsylvania Rules of Criminal Procedure.
(b) The county bail agency shall perform the duties and exercise the powers set forth in Rule [4008] 530 of the Pennsylvania Rules of Criminal Procedure.
(c) The county bail agency shall, in all cases, be qualified to act as supervisory surety with respect to percentage cash bail and nominal bail, and may be so designated by the court or issuing authority; but the county bail agency shall incur no financial liability by acting as supervisory surety.
(d) Designation of the county bail agency as supervisory surety in nominal bail and percentage cash bail cases shall subject the defendant to the supervisory rules and regulations of that agency.
(e) Designation of the county bail agency as supervisory surety shall authorize the county bail agency to charge a fee payable to the County of Dauphin for the performance of the supervisory obligations mandated by Rule [4008] 530. The fees and categories of bail to which they apply are as follows:
(1) nominal bail--twenty-five ($25.00) dollars;
(2) ten (10%) percent cash bail (with the option of conditions of bail pursuant to Rule [4013] 533 of the Pennsylvania Rules of Criminal Procedure)--thirty (30%) percent of the money furnished or three (3%) percent of the total amount of bail; however, in no event, shall the fee be less than fifty ($50.00) dollars.
(f) In all cases where nominal bail or percentage cash bail is to be set, the court or issuing authority shall consider the option of designating the county bail agency as supervisory surety. [Noting] Nothing in this rule shall prohibit the designation of other private surety in percentage cash bail and nominal bail cases without the designation of the county bail agency as supervisory surety.
(g) Nothing in this rule shall prohibit the posting of any other type of bail allowed under Rule [4006] 527 of the Pennsylvania Rules of Criminal Procedure by other private or licensed sureties.
(h) Any designation of Dauphin County Pre-Trial Services Agency as supervisory surety shall be listed on the Bail Certificate as a Condition of Bail pursuant to Rule [4013] 526 of the Pennsylvania Rules of Criminal Procedure.
Rule [1123A] 720A. Appeals.
In every appeal from an order or decree of this Court [to which no post-trial motions or exceptions were filed but such appeal is] taken directly to an appellate court, appellant['s counsel] shall[, immediately upon taking the appeal,] file of record a concise statement of the matters complained of [and intended to be argued] on appeal[,] no later than 14 days after filing notice of appeal. A copy thereof [and] shall be [serve] served [a copy thereof] upon the Judge from whose order or decree the appeal was taken, except that if such Judge was a visiting Judge such copy shall be served upon the Court Administrator [Administrator's Office]. The trial judge may thereafter direct the filing of briefs in support of, and in opposition to, the statement of matters complained of. Whenever an appeal is withdrawn by counsel, notice of such withdrawal shall immediately be [given to the] served upon said Judge [from whose order or decree the appeal was taken, except that if such Judge was a visiting judge such notice shall be given to the] or Court Administrator [Administrator's Office].
Trial Rule [1123] 720B. Post [Verdict] Sentence Motions.
(a) Copies of post[-trial] sentence motion in criminal cases shall be filed with the Clerk of Court and delivered to the Trial Judge and served upon all adverse parties. Upon order of Court, the court stenographer shall transcribe the record.
(b)--(c) Reserved.
(d) Reasons for a new trial based on after-discovered evidence must be supported by a written affidavit by the party or his or her attorney containing the names of the witnesses, the substance of their expected testimony, the affiant's belief of its sufficiency to change the verdict, and an explanation why the testimony was not produced at the trial.
(e) The trial judge shall determine whether post[-verdict] sentence motions shall be argued before himself or herself alone or before a panel sitting as a court en banc. Whenever the trial judge hears the motion alone, she/he may make any ruling that could be made by a court en banc.
[Rule 9001. Certification of Pennsylvania Department of Transportation Driver License Records.
a) A copy of a Pennsylvania Department of Transportation drivers license record accessed from the city of Harrisburg's Metro computer system may be used as evidence in all criminal proceedings in Dauphin County.
b) Such a record must be accompanied by a certificate in which:
(1) The Secretary of Transportation certifies the director of the Bureau of Driver Licensing of the Pennsylvania Department of Transportation is the legal custodian of the Driver License Records of the Pennsylvania Department of Transportation.
(2) The legal custodian of the Driver License Records certifies that the records are kept accurately and that the Deputy director of Metro Police Operations for the City of Harrisburg is authorized to retrieve such records from the Pennsylvania Department of Transportation's computer via the computer linkup with the Metro computer system.
(3) The Deputy Director of Metro Police Operations for the City of Harrisburg certifies that he retrieved the records from the Pennsylvania Department of Transportation computer via the Metro computer system and that the records are accurate.
e) This certificate is pursuant to the requirements of 42 Pa.C.S.A. 6103(a) which concerns proof of official records.
d) The Deputy Director of Metro Police Operations shall be permitted to make notations on the certified records summarizing the contents of the records.] RESCINDED.
Comment: This rule is rescinded as a Rule of Criminal Procedure and is promulgated as a Rule of Evidence.
General Provisions Rule [9020] 574. Motions, Filing, Service and Notice. Removal of Papers.
(1) Petitions and motions, other than those made during the actual trial of a case, shall be:
(a) made in writing, and the original thereof filed with the Clerk of Court before presentation to the Court;
(b) brought to the Court Administrator's Office for presentation to the Motion Court Judge unless otherwise specifically allowed; and
(c) served forthwith upon the adverse party.
(2) All papers filed in the Office of the Clerk of Court shall bear the name of the attorney or party filing them, and an address as which service can be made.
(3) REMOVAL OF PAPERS: (a) Except as otherwise provided herein, no original papers shall be removed from the office of the Clerk of Court without prior written permission of the Court upon cause shown.
(b) No original note, bond or other instrument upon which a judgment has been entered, shall be removed from the Office of the Clerk of Court except for use by the Court.
(c) All other papers may be removed by any attorney who is a member of the Dauphin County Bar--
i. For return to the close of the next business day, upon the filing with the Clerk of Court of a signed letter listing with specificity each document to be removed together with a receipt as prescribed by (e) below.
ii. For a period not to exceed thirty (30) days, with written leave of Court.
(d) A referee, auditor, master or other similar officer appointed by the Court may remove papers for the purposes of his or her appointment for a period not to exceed ninety (90) days, unless the time be further extended by order of Court.
(e) When an attorney removes papers from the Office of the Clerk of Court with permission of the Court she/he shall give a receipt therefor, setting forth the caption and number of the case, a description of the papers removed and the date of removal, which receipt shall be signed by the attorney removing the papers.
(f) All papers removed on receipt, with or without leave of Court, shall be returned promptly, and in no case shall papers be retained for a period longer than prescribed herein, except by special permission of the Court. If papers are retained beyond the proper time limit, the Clerk of Court shall notify the attorney in default of his or her failure to return such papers, and if such default continues, for three (3) days following such notice, the attorney concerned shall thereafter be prohibited from removing any papers from the office until the default is corrected. The Clerk of Court shall report such cases of continuing default to the Court for appropriate action.
Rule [9022] 576. Filing.
All papers filed with the Clerk of Court shall bear the name of the attorney or party filing them, and the address at which service can be made. In all cases where a judge has been assigned to the matter in dispute, a courtesy copy of all pleadings, briefs or memoranda filed with the Clerk of Courts shall also be filed with the chambers of the assigned judge. The size and other physical characteristics of all papers or other documents filed shall conform to standards set and established by the Pennsylvania Rules of Appellate Procedure for papers or other documents filed in an appellate court.
This amendment shall be effective 30 days after publication in the Pennsylvania Bulletin.
By the Court
JOSEPH H. KLEINFELTER,
President Judge
[Pa.B. Doc. No. 01-771. Filed for public inspection May 4, 2001, 9:00 a.m.]
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