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PA Bulletin, Doc. No. 07-118

THE COURTS

FRANKLIN AND FULTON COUNTIES

Adoption of Local Criminal Rule 39-150; Misc. Doc. CP-28-AD-2-2007

[37 Pa.B. 401]
[Saturday, January 27, 2007]

Order of Court

   January 9, 2007, local Criminal Action Rule 39-150 is hereby adopted for the Court of Common Pleas of the 39th Judicial District of Pennsylvania, Franklin and Fulton County Branches, to be effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

JOHN R. WALHER,   
President Judge

Rule 39-150.  Bench Warrants

   A.  In all cases where an individual is committed to the Franklin County Prison pursuant to an executed bench warrant, the Warden, or his designee, shall promptly, or in no case later than the beginning of the next business day, notify the District Court Administrator who shall:

   1.  promptly schedule a hearing for bench warrants within the time permitted by Pa.R.Crim.P. 150.

   2.  give prompt notice of the hearing to the Office of the Public Defender, the District Attorney's Office, the Clerk of Courts and the Sheriff.

   B.  If the individual is committed to the Franklin County Prison pursuant to a bench warrant issued by another judicial district, the Warden, or his designee shall promptly notify the proper authorities in the judicial district of issuance.

   C.  Any judge of the Court of Common Pleas of the 39th Judicial District may conduct a bench warrant hearing if the judge who issued the bench warrant is unavailable. Any magisterial district judge within the 39th Judicial District may conduct a bench warrant hearing if the magisterial district judge who issued the bench warrant is unavailable.

   D.  If the bench warrant hearing does not occur within the time limit permitted by Pa.R.Crim.P. 150, the Franklin County Prison shall release said individual by operation of law.

[Pa.B. Doc. No. 07-118. Filed for public inspection January 26, 2007, 9:00 a.m.]


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