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PA Bulletin, Doc. No. 06-1604

THE COURTS

WESTMORELAND COUNTY

Recission of Rule of Criminal Procedure WC542; Adoption of New Rule WC542; No. 2 Civil of 2006

[36 Pa.B. 4606]
[Saturday, August 19, 2006]

Order

   And Now This 30th day of July 2006, it is hereby Ordered that Westmoreland County Rule of Criminal Procedure WC542 is rescinded, and that new Westmoreland County Rule of Criminal Procedure WC542 is adopted. This Order is effective thirty days after publication in the Pennsylvania Bulletin.

By the Court

DANIEL J. ACKERMAN,   
President Judge

Rule WC542 Preliminary Hearings

   (a)  Audio Tapes of Testimony from Preliminary Hearings

   (1)  The magisterial district judge shall record testimony at preliminary hearings when requested by the district attorney or defendant's counsel.

   (2)  The magisterial district judge shall forward the recording to the clerk of courts with the docket transcript.

   (3)  The district attorney or defendant's counsel may obtain a copy of the recording from the court administrator by applying in writing within thirty days of the defendant's formal arraignment.

   (4)  If no request for a duplicate of the recording is received within 180 days of the preliminary hearing, the clerk of courts will destroy the recording pursuant to administrative procedure.

   (b)  Scheduling Court Arraignment

   (1)  The court administrator shall assign and promulgate arraignment dates, judges and courtrooms. The magisterial district judge shall set as the date for court arraignment the next scheduled court arraignment date which falls no sooner than the eighth Friday following the preliminary hearing or waiver of the same. Arraignment shall be scheduled for 8:30 a.m. If the preliminary hearing or waiver occurs on a Friday, that Friday shall be counted as the first Friday.

   (2)  The magisterial district judge shall:

   A.  advise the defendant and counsel of the time, date, and place of arraignment, and that failure to appear at arraignment may result in the defendant's arrest and forfeiture of bond;

   B.  complete a court arraignment form;

   C.  require the defendant to sign the court arraignment form indicating that the defendant is aware of the time and place of arraignment and the obligation to appear; and

   D.  provide the defendant with a copy of the court arraignment form, retain a copy; and forward the original with the official record to the clerk of courts as required by Pa.R.Crim.P. 547.

[Pa.B. Doc. No. 06-1604. Filed for public inspection August 18, 2006, 9:00 a.m.]


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