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PA Bulletin, Doc. No. 06-1443

THE COURTS

WESTMORELAND COUNTY

Adoption of Rule of Criminal Procedure WC150; Amendment of Rule WC529; No. 2 Civil of 2006

[36 Pa.B. 4000]
[Saturday, July 29, 2006]

Order

   And Now This 13th day of July 2006, it is hereby Ordered that new Westmoreland Rule of Criminal Procedure WC150 is adopted, and that Westmoreland County Rule of Criminal Procedure 529 is amended. This Order is effective thirty days after publication in the Pennsylvania Bulletin.

By the Court

DANIEL J. ACKERMAN,   
President Judge

Rule 150 Bench Warrants

   (a)  Whenever an individual is committed to the Westmoreland County Prison pursuant to a bench warrant issued by a Westmoreland County judicial officer, theWarden or designee, shall promptly, or in no case later than the beginning of the next business day, notify the court administrator who shall:

   (1) schedule a bench warrant hearing, and

   (2) notify the district attorney, defense counsel of record, sheriff and probation office.

   (b) Pursuant to Pa.R.Crim.P. 150(A)(4), whenever an individual is committed to the Westmoreland County Prison pursuant to a bench warrant issued by a judicial officer outside of Westmoreland County, the Warden or designee, shall promptly notify the proper authorities in the county of issuance.

   (c) Any judge of the Court Of Common Pleas Of Westmoreland County may conduct a bench warrant hearing if the judge who issued the bench warrant is unavailable. Any Westmoreland County magisterial district judge may conduct a bench warrant hearing if the magisterial district judge who issued the bench warrant is unavailable.

   (d) The Westmoreland County Warden shall release an individual held on a bench warrant by operation of law 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 president judge shall advise the warden of any days in addition to weekends or holidays that are non-business days.

Rule WC529 Modification of Bail Order Prior to Trial

   The defendant shall indicate on any petition to the court to modify bail prior to the preliminary hearing whether or not the defendant first applied for modification of bail from the magisterial district judge who was elected or assigned to preside over the jurisdiction where the crime occurred.

[Pa.B. Doc. No. 06-1443. Filed for public inspection July 28, 2006, 9:00 a.m.]


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