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PA Bulletin, Doc. No. 06-1440

THE COURTS

INDIANA COUNTY

Adoption of Rules of Criminal Procedure IC117, IC431 and IC520; No. AD-2-2006

[36 Pa.B. 3999]
[Saturday, July 29, 2006]

Order of Court

   And Now, this 12th day of July, 2006, it is hereby Ordered and Directed that new Indiana County Rules of Criminal Procedure IC117, IC431 and IC520 are adopted effective August 1, 2006.

   The Indiana 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 Indiana County Law Journal.

   5.  Forward one (1) copy to the Indiana 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

WILLIAM J. MARTIN,   
President Judge

ADOPTION OF RULES OF CRIMINAL PROCEDURE
INDIANA COUNTY 117, INDIANA COUNTY 431 and INDIANA COUNTY 520

Local Rule IC 117 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 8:00 a.m. Monday through Friday. Holiday 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 the Indiana County Emergency Management Agency at (724) 349-1428.

   3.  Procedures for executed summary warrants shall be pursuant to Pa.R.Crim.P.431.

   B.  Monetary bond may be posted outside of regularly scheduled daily work hours at the Indiana County Jail.

   The Indiana County Sheriff's Office is designated to accept bail deposits as provided in Rule 117, having the defendant sign the bail bond, releasing the defendant and delivering the bail deposit and bail bond to the issuing authority or The Clerk of Courts. After hour bail deposits must be in the form of cash or a money order. The posting of $10,000.00 or more in cash shall require the submission of Form 8300, an Internal Service Regulation. All persons wishing to post bail after hours shall contact the duty sheriff by calling the Indiana County Emergency Management Agency at (724) 349-1428.

Rule IC 431 Procedure When Defendant Arrested With Warrant

   A.  In lieu of bringing a summary offender before the Magisterial District Judge when summary warrant is executed, the police officer shall follow the options provided in Pa.R.Crim.P.431.

   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 IC 520 Bail Before Verdict

   Monetary bond may be posted outside of regularly scheduled daily work hours at the Indiana County Jail pursuant to procedure outline in Rule IC 117B.

Effective 8/01/06

[Pa.B. Doc. No. 06-1440. Filed for public inspection July 28, 2006, 9:00 a.m.]


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