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PA Bulletin, Doc. No. 09-245

THE COURTS

Title 234--RULES OF CRIMINAL PROCEDURE

[ 234 PA. CODE CH. 1 ]

Order Amending Rule of Procedure 105; Doc. No. 2; Criminal Procedural Rule; No. 377

[39 Pa.B. 829]
[Saturday, February 14, 2009]

Order

Per Curiam:

   Now, this 30th day of January, 2009, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of justice and efficient administration, and a Final Report to be published with this Order:

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule of Criminal Procedure 105 is amended as follows.

   This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective as to all local criminal rules adopted or amended on or after February 1, 2009.

Annex A

TITLE 234. RULES OF CRIMINAL PROCEDURE

CHAPTER 1. SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES

PART A. Business of the Courts

Rule 105. Local Rules.

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   (B)  Local rules shall not be inconsistent with any general rule of the Supreme Court or any Act of Assembly.

   (1)  The Criminal Procedural Rules Committee [may], at any time, may recommend that the Supreme Court suspend, vacate, or require amendment of a local rule.

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   (E)  All local rules shall be published in the Pennsylvania Bulletin to be effective and enforceable.

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   (2)  The adopting court shall distribute two certified paper copies of the local rule [and] to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. The adopting court also shall distribute to the Legislative Reference Bureau a copy of the local rule on a computer diskette or on a CD-ROM, that complies with the requirements of 1 Pa. Code § 13.11(b) [to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin].

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   (F)  Contemporaneously with publishing the local rule in the Pennsylvania Bulletin, the adopting court shall:

   (1)  file [seven] one certified [copies] copy of the local rule with the Administrative Office of Pennsylvania Courts; and

   (2)  publish a copy of the local rule on the Unified Judicial System's web site at http://ujsportal. pacourts.us/localrules/ruleselection.aspx.

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   Comment: The policy of the Supreme Court as declared in the Order promulgating this rule is ''to implement the unified judicial system under the Constitution of 1968, to facilitate the statewide practice of law under this Court's general rules, and to promote the further policy that a general rule of criminal procedure normally preempts the subject covered.'' In accordance with the Court's policy, it is intended that local rules should not repeat general rules or statutory provisions verbatim or substantially verbatim nor should local rules make it difficult for attorneys to practice law in several counties.

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   Paragraph (E) requires the local rule to be published in the Pennsylvania Bulletin to be effective. Pursuant to 1 Pa. Code § 13.11(b)--(f), any documents that are submitted for publication must be accompanied by a diskette or CD-ROM formatted in MS-DOS, ASCII, Microsoft Word, or WordPerfect. The diskette or CD-ROM must be labeled with the court's name and address and the local rule's computer file name.

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   The Administrative Office of the Pennsylvania Courts maintains a [webpage] web site containing the texts of local rules [http://www.courts.state.pa.us/judicial-council/local-rules/index.htm] http://www.pacourts. us/T/SpecialCourts/LocalRules.htm.

   The Administrative Office of the Pennsylvania Courts also maintains a web site containing all local criminal rules adopted or amended after February 1, 2009 at: http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

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   Official Note: Rule 6 adopted January 28, 1983, effective July 1, 1983; amended May 19, 1987, effective July 1, 1987; renumbered Rule 105 and amended March 1, 2000, effective April 1, 2001; amended October 24, 2000, effective January 1, 2001; Comment revised June 8, 2001, effective immediately; amended October 15, 2004, effective January 1, 2005; amended September 9, 2005, effective February 1, 2006; amended January 25, 2008, effective February 1, 2009; amended January 30, 2009, effective February 1, 2009.

Committee Explanatory Reports:

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   Final Report explaining the January 25, 2008 changes to Rule 105 concerning submission of local rules for review prior to adoption published with the Court's Order at 38 Pa.B. [746] 745 (February 9, 2008).

   Final Report explaining the January 30, 2009 changes to Rule 105 concerning publication of local rules on the UJS Portal published with the Court's Order at 39 Pa.B. 829 (Febuary 14, 2009).

[Pa.B. Doc. No. 09-245. Filed for public inspection February 13, 2009, 9:00 a.m.]


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