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PA Bulletin, Doc. No. 06-1314

THE COURTS

SCHUYLKILL COUNTY

Administrative Order 2006.4; No. AD-102-2006

[36 Pa.B. 3647]
[Saturday, July 15, 2006]

   And Now, this 27th day of June, 2006, at 12:30 p.m., pursuant to Pa.R.Crim.P. 117, it is hereby Ordered that the following procedures shall be utilized to ensure sufficient availability of Magisterial District Judges to provide, within the Twenty-First Judicial District, those services required by the Rules of Criminal Procedure and the Protection from Abuse Act:

   1.  During Normal Business Hours

   (a)  Normal business hours shall be construed as Monday through Friday from 8:30 a.m. to 4:30 p.m. except when a Court holiday has been declared on such day.

   (b)  All court proceedings normally conducted before a Magisterial District Judge, which occur during normal business hours of the Court, shall be conducted at the established office of the appropriate Magisterial District Judge as determined by the rules relating to venue.

   2.  Duty On-Call Magisterial District Judge

   (a)  The Criminal Court Administrator shall establish a rotating schedule assigning a duty Magisterial District Judge to be on-call outside of the normal business hours of the Court to fulfill all duties of an issuing authority within the County as required by the Rules of Criminal Procedure and the Protection from Abuse Act.

   (b)  On weekdays when the Court is open for business, the duty Magisterial District Judge shall be on duty from 4:30 p.m. until 8:30 a.m. the following morning. On weekends and holidays, he or she shall be on duty from 8:30 a.m. until 8:30 a.m. the following day.

   3.  Bail and Warrants

   (a)  The duty Magisterial District Judge shall be available without unreasonable delay throughout the hours of his or her duty assignment at the established office of the duty Magisterial District Judge for the purpose of accepting the posting of a defendant's bail.

   (b)  The duty Magisterial District Judge shall be available without unreasonable delay at his or her established office throughout the hours of his or her duty assignment for the issuance of search warrants pursuant to Pa.R.Crim.P. 203 and arrest warrants pursuant to Pa.R.Crim.P. 513. In the discretion of the duty Magisterial District Judge, advanced communication technology may be utilized to submit the warrant application and affidavit(s) and to issue the warrant in accordance with the requirements of Rules 203 and 513.

   4.  Preliminary Arraignments Outside Normal Hours

   (a)  Weekdays--when an individual is placed under arrest by law enforcement and requires arraignment:

   (1)  Between the hours of 4:30 p.m. and 11:00 p.m., the duty Magisterial District Judge shall be available without unreasonable delay at his or her established office. In the discretion of the duty Magisterial District Judge, advanced communication technology may be utilized for the arraignment.

   (2)  Between the hours of 11:00 p.m. and 8:30 a.m. the following day, individuals placed under arrest and requiring arraignment shall be temporarily detained at the Schuylkill County Prison. Personnel of the Prison shall make the individual(s) available at the prison video conferencing site by 8:30 a.m., at which time the duty Magisterial District Judge shall conduct the preliminary arraignment through the use of advanced communication technology. In the event of technological failure, the duty Magisterial District Judge shall conduct the preliminary arraignment in person at the Schuylkill County Prison.

   (b)  Saturdays, Sundays and Holidays--When an individual is placed under arrest by law enforcement and requires arraignment:

   (1)  Between the hours of 7:00 a.m. and 12:00 p.m. (noon), the duty Magisterial District Judge shall be available without unreasonable delay at his or her established office. In the discretion of the duty Magisterial District Judge, advanced communication technology may be utilized for the arraignment.

   (2)  Between the hours of 12:00 p.m. (noon) and 8:30 a.m. the following day, individuals placed under arrest and requiring arraignment shall be temporarily detained at the Schuylkill County Prison. Individuals so detained between the hours of 12:00 p.m. (noon) and 10:30 p.m. shall, by prison personnel, be made available at the prison video conferencing site at 10:30 p.m. for preliminary arraignment. Individuals so detained between the hours of 10:30 p.m. and 8:30 a.m. the next day shall be made available at the prison video conferencing site by 8:30 a.m. for preliminary arraignment. The duty Magisterial District Judge shall conduct a preliminary arraignment through the use of advanced communication technology of all individuals so detained. Individuals detained between the hours of 12:00 p.m. (noon) and 10:30 p.m. shall be preliminarily arraigned by 10:30 p.m. Individuals detained between the hours of 10:30 p.m. and 8:30 a.m. the next day shall be preliminarily arraigned by 8:30 a.m. that next day. In the event of technological failure, the duty of Magisterial District Judge shall conduct the preliminary arraignment in person at the Schuylkill County Prison at the times stated.

   5.  Emergency Protection From Abuse Orders--When an individual seeks an emergency protection from abuse order outside normal Court business, the duty Magisterial District Judge shall speak with the individual and a representative of Schuylkill Women in Crisis by phone to establish a time at which the individual will be available at the Schuylkill Women in Crisis video conferencing site. At the agreed time the duty Magisterial District Judge shall receive the petition for relief, conduct an ex parte hearing and either issue or deny the requested order by the use of advance communication technology. In the event of technological failure, the duty Magisterial District Judge shall conduct the proceedings at his or her established office without unreasonable delay.

   6.  The effective date of this Order shall be August 18, 2006.

By the Court

WILLIAM E. BALDWIN,   
President Judge

[Pa.B. Doc. No. 06-1314. Filed for public inspection July 14, 2006, 9:00 a.m.]


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