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PA Bulletin, Doc. No. 04-1915

THE COURTS

INDIANA COUNTY

Adoption of New Local Rules of Court Nos. L-540/542; No. 418 Misc. 2004

[34 Pa.B. 5796]

Order of Court

   And Now, this 7th day of October 2004, it is hereby Ordered and Directed, pursuant to Rule 105 of 42 Pa.C.S.A., that Indiana County Local Rules 540/542 are adopted and shall become effective thirty (30) days after publication in the Pennsylvania Bulletin and shall apply to all criminal proceedings pending at that time.

   It is hereby Ordered and Directed that the Prothonotary:

   (1)  File seven (7) certified copies of said Rules with the Administrative Office of Pennsylvania Courts.

   (2)  Furnish two (2) certified copies and a diskette of said Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   (3)  Distribute and file one (1) certified copy of said Rules with the Criminal Procedural Rules Committee of the Pennsylvania Supreme Court.

   (4)  Distribute and file one (1) certified copy with the Indiana County Law Library.

   It is further Ordered and Directed that these Local Rules shall be kept continuously available for public inspection and copying in the Office of the Clerk of Courts of Indiana County. Upon request and payment of reasonable costs of reproduction and mailing, the Clerk of Courts of Indiana County shall furnish to any person a copy of any Local Rule.

By the Court

WILLIAM J. MARTIN,   
President Judge

LOCAL RULE OF CRIMINAL PROCEDURE

Part D--Proceedings in Court Cases Before Issuing Authority, Rule Nos. 540 and 542

   Local Rule Providing for the Transportation of Incarcerated Defendants to Preliminary Arraignment and Preliminary Hearing.

Rule No. 540/542

   It shall be the responsibility of the arresting agency to transport an incarcerated defendant to the preliminary arraignment and preliminary hearing.

Comment

   This Rule is implemented under Pa.R.CrimP. Rule No. 105 of 42 Pa.C.S.A. Rule 105 gives the President Judge of Court of the Common Pleas the power to enact local rules to govern criminal practice and procedure. Rule 105(A) provides as follows:

For the purpose of this rule, the term ''local rule'' shall include every rule, regulation, directive, policy, custom, usage, form or order of general application, however labeled or promulgated, adopted or enforced by a court of common pleas to govern criminal practice and procedure, which requires a party or party's attorney to do or refrain from doing something.

   The prosecution is a party to every criminal proceeding, the prosecuting agency bringing the charge is part of the prosecution.

   By enacting this Local Rule it is the Court's intention to put into writing the historical practice in this County which requires arresting agencies to transport prisoners to preliminary arraignments and preliminary hearings. This practice has been in effect in Indiana County for decades and this Rule merely preserves the status quo.

   The practice is based upon a common sense equitable division of labor between arresting agencies and the County Sheriff's Office. The arresting agency is responsible for transportation of incarcerated defendants to the District Justice for preliminary arraignment and preliminary hearing. Once a case is held for court and is then at the courthouse level, the responsibility for transportation is shifted to the Indiana County Sheriff.

   In addition, the arresting agency as prosecution bears the duty of advancing the case through the criminal justice system (see Pa.R.Crim.P. Rule 600, 42 Pa.C.S.A.). Any delays in proceedings due to the arresting agency's failure or refusal to transport prisoners violates the due process rights of those individuals and also raises public safety issues should the defendants be released due to delay.

   Arguments that the taxpayers of the various municipalities would be paying for the arresting agency to transport the prisoners is misguided. The taxpayers also pay county taxes, therefore the cost would be paid by them regardless of the transporting agency. In addition, the Indiana County Sheriff's Office is not prepared to accept the added responsibility.

   The refusal to transport prisoners for preliminary arraignment and preliminary hearing by an arresting agency, despite decades of such a practice, was litigated in Dauphin County in Lewis v. City of Harrisburg, 158 Pa. Cmwlth. 318, 631 A.2d 807 (1993). There the court was faced with the same circumstances that this Court now is facing, that is the refusal of a police agency to follow a practice or procedure which has existed for decades. In Lewis v. City of Harrisburg, the Court of Common Pleas granted the District Attorney injunctive relief on this issue and the Commonwealth Court affirmed the granting of such relief.

   This Rule shall become effective thirty (30) days following publication in the Pennsylvania Bulletin.

[Pa.B. Doc. No. 04-1915. Filed for public inspection October 22, 2004, 9:00 a.m.]


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