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PA Bulletin, Doc. No. 06-1722

THE COURTS

Title 255--LOCAL
COURT RULES

ERIE COUNTY

Rules of Criminal Procedure

[36 Pa.B. 5606]
[Saturday, September 2, 2006]

Adopting Order

   And Now, to wit, this 15th day of August 2006 it is hereby Ordered that Erie County Rule of Criminal Procedure 117, Magisterial District Judge Coverage for Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail, is hereby adopted as a Rule of this Court, effective thirty (30) days after the date of its publication in the Pennsylvania Bulletin.

By the Court

ELIZABETH K. KELLY,   
President Judge

Rule 117. Magisterial District Judge Coverage for Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail

   A.  To the extent required by Pa.R.Crim.P. 117, Magisterial District Judges shall be available to provide continuous coverage for the issuance of search warrants, the issuance of arrest warrants, to accept and set bail, to conduct summary trials, and to conduct preliminary arraignments.

   1.  The provision of continuous coverage shall be by the traditional on-call system as presently established and exercised in Erie County. Specifically, the Magisterial District Judges shall remain on-call during non-regular business hours on a rotating basis. The Assistant Court Administrator shall maintain a copy of said rotating schedule.

   2.  The hours of 6:00 a.m. to 10:00 p.m. for conducting a summary trial or bench warrant hearing pursuant to Pa.R.Crim.P. 431 shall not be extended.

   B.  Magisterial District Judges and the Clerk of Courts shall be authorized to accept bail pursuant to, and subject to the limitations of, the Pennsylvania Rules of Criminal Procedure.

   C.  Regular business hours for each Magisterial District Judge Office shall be Monday through Friday from 8:30 a.m. until 4:30 p.m.

[Pa.B. Doc. No. 06-1722. Filed for public inspection September 1, 2006, 9:00 a.m.]


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