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PA Bulletin, Doc. No. 06-1262

THE COURTS

Title 255--LOCAL
COURT RULES

CARBON COUNTY

Adoption of Local Rule of Criminal Procedure 117--Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail and Local Rule of Criminal Procedure 150--Bench Warrants; No. CP-13-AD-0000004-2006 (Old No. 103 MI 00)

[36 Pa.B. 3525]
[Saturday, July 8, 2006]

Administrative Order No. 13-2006

   And Now, this 21st day of June, 2006, pursuant to Pa.R.Crim.P. 117 and 150, it is hereby

   Ordered and Decreed, that effective August 1, 2006, the Carbon County Court of Common Pleas Adopts new Local Rule of Criminal Procedure CARB.R.Crim.P. 117 governing coverage for issuing warrants, conducting preliminary arraignments and summary trials and setting and accepting bail and Local Rule of Criminal Procedure CARB.R.Crim.P. 150 governing bench warrants.

   The Carbon County District Court Administrator is Ordered and Directed to do the following:

   1.  File seven (7) certified copies of this Administrative Order and Rule with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Pennsylvania Criminal Procedural Rules Committee.

   4.  Forward one (1) copy for publication in the Carbon County Law Journal.

   5.  Forward one (1) copy to the Carbon County Law Library.

   6.  Keep continuously available for public inspection copies of this Administrative Order and Rule in the Clerk of Court's Office.

By the Court

ROGER N. NANOVIC,   
President Judge

Rule 117 Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail.

   1.  All Magisterial District Judge Offices shall be open for regular business on Mondays through Fridays, excluding holidays, from 8:30 A.M. to 4:30 P.M., prevailing time.

   2.  Continuous coverage for the issuance of search warrants and arrest warrants, for warrants issued pursuant to Pa.R.Crim.P 430 in a summary case, for the issuance of emergency orders under the Protection From Abuse Act, and for those services set forth in Pa.R.Crim.P. 117 (A)(2)(a), (b), (c) and (d) (e.g., for the holding of preliminary arraignments and summary trials, and for the setting and accepting of bail and collateral) shall be in accordance with the traditional on-call system as presently established. The President Judge shall establish the schedule of assignment of Magisterial District Judges to on-call duty.

   3.  Magisterial District Judges, the Clerk of Courts and the Warden, or in his absence, the Deputy Warden or Sergeant in charge of the Carbon County Correctional Facility, shall be authorized to accept bail in accordance with the provisions, and subject to the limitations, of the Pennsylvania Rules of Criminal Procedure.

Rule 150 Bench Warrants.

   1.  When an individual is committed to the Carbon County Correctional Facility pursuant to a bench warrant, he/she shall be detained pending a bench warrant hearing. The Warden, or his designee, shall notify the Carbon County District Court Administrator, District Attorney, Public Defender or Private Counsel (if known), Sheriff, and Carbon County Pretrial Services within 12 hours of the fact of such commitment.

   2.  Upon receipt of notice, the District Court Administrator shall promptly schedule a bench warrant hearing for bench warrants issued by a Common Pleas Judge.

   3.  The Carbon County Correctional Facility shall arrange to have the committed prisoner available for video conference at the appointed hour.

   4.  A court reporter shall be assigned to each hearing.

   5.  If the bench warrant hearing does not occur within 72 hours of commitment or by the close of the next business day if the 72 hours expires on a non-business day, the Carbon County Correctional Facility shall release said individual by operation of law.

[Pa.B. Doc. No. 06-1262. Filed for public inspection July 7, 2006, 9:00 a.m.]


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