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PA Bulletin, Doc. No. 06-1195

THE COURTS

Title 255--LOCAL
COURT RULES

WESTMORELAND COUNTY

Adoption of Rules of Criminal Procedure WC117, WC431, and WC520; No. 2 Civil of 2006

[36 Pa.B. 3230]
[Saturday, July 1, 2006]

Order

   And Now This 12th day of June 2006, it is hereby Ordered that new Westmoreland Rules of Criminal Procedure WC117, WC431, and WC520 are adopted effective August 1, 2006.

By the Court

DANIEL J. ACKERMAN,   
President Judge

Rule WC117 Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail.

   (a)  After hours coverage shall be provided by a magisterial district judge, assigned on a rotational schedule, who has county-wide jurisdiction and who operates between the hours of 4:00 p.m. to 10:00 p.m. Monday through Friday. Holidays and weekend coverage shall be provided by an assigned on-call magisterial district judge.

   (1)  The ''duty'' magisterial district judge will hold court by video conferencing available from any approved advanced communication technology site. The magisterial district court office will remain closed to the public during after hours coverage except at the discretion of the magisterial district judge.

   (2)  In the event a magisterial district judge is needed when the court is not scheduled for after hours coverage for the issuance of a search or arrest warrant, a protection from abuse petition, or other emergency matter; the ''duty'' magisterial district judge will be contacted through Westmoreland 911.

   (3)  Procedures for executed summary warrants shall be pursuant to Pa.R.Crim.P. 431, and Westmoreland Rule of Criminal Procedure WC431.

   (b)  Monetary bond may be posted outside of regularly scheduled daily work hours at the county police desk at the Westmoreland County Courthouse. Bail bond agents may continue to post bond at the Westmoreland County Prison.

Rule WC431 Procedure When Defendant Arrested With Warrant

   (a)  In lieu of bringing a summary offender before the magisterial district judge when a summary warrant is executed, in addition to the options provided in Pa.R.Crim.P. 431, the arresting officer shall serve a Subpoena to Appear if a Subpoena has been issued by the magisterial district judge.

   (b)  The hours of 6:00 a.m. to 10:00 p.m. provided for in Pa.R.Crim.P. 431(A)(2) are not extended. Any arrest made outside these specified hours shall be handled pursuant to subsection (a).

Rule WC520 Bail Before Verdict

   Monetary bond may be posted outside of regularly scheduled daily work hours at the county police desk at the Westmoreland County Courthouse. Bail bond agents may continue to post bond at the Westmoreland County Prison.

[Pa.B. Doc. No. 06-1195. Filed for public inspection June 30, 2006, 9:00 a.m.]


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