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PA Bulletin, Doc. No. 10-585

THE COURTS

SOMERSET COUNTY

In Re: Consolidated Rules of Court; Miscellaneous 2010

[40 Pa.B. 1732]
[Saturday, April 3, 2010]

Adopting Order

 Now, this 17th day of March, 2010, it is hereby Ordered:

 1. The following designated Somerset County Rule of Criminal Procedure 130 (Som.R.Crim.P. 130) Transfer of Proceedings in Questions of Defendant's Competency, a copy of which is attached hereto, is hereby adopted as a Rule of this Court, effective thirty (30) days after publication in the Pennsylvania Bulletin:

 2. The Somerset County Court Administrator is directed to:

 A. File one (1) certified copy of this Order and the attached Rule with the Administrative Office of Pennsylvania Courts.

 B. Distribute two (2) certified copies of this Order and the attached Rule, along with a diskette or CD-ROM, to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 C. File proof of compliance with this Order in the docket for this Rule, which shall include a copy of each transmittal letter.

By the Court

JOHN M. CASCIO, 
President Judge

Som.R.Crim.P. 130.

Rule 130. Transfer of Proceedings in Questions of Defendant's Competency.

 A. In any criminal proceeding in which the issue of the defendant's competency to stand trial is reasonably believed to be or to become an issue, the attorney for the Commonwealth, the attorney for the defendant, or the Magisterial District Judge, sua sponte, may make application to the Court of Common Pleas for transfer of the case to the concurrent jurisdiction of Common Pleas.

 B. Application shall be made to the Administrative Judge of the Criminal Division of the Court of Common Pleas in writing and shall include a certification by the applicant that the applicant reasonably believes that the competency of the defendant to stand trial is or may be an issue to be determined preliminary to any further proceedings.

 C. Upon acceptance of original jurisdiction of such case, the Court of Common Pleas shall order the transfer of the case from the issuing authority who shall promptly transfer the case to the Court of Common Pleas in the same manner as provided for transfer of cases between or among magisterial districts in Pa.R.Crim.P. 130.

 D. Following transfer of the case, the Court of Common Pleas shall retain jurisdiction over the case unless otherwise transferred by order of the court.

 Note: Concurrent jurisdiction of the court of common pleas over ''actions and proceedings'' within the original jurisdiction of magisterial district courts is given by 42 Pa.C.S. § 931(b). The Superior Court has confirmed that this jurisdiction to act as ''issuing authorities'' is the same as that of magisterial district judges. Commonwealth of Pennsylvania vs. Allem, 532 A.2d 845 (1987).

[Pa.B. Doc. No. 10-585. Filed for public inspection April 2, 2010, 9:00 a.m.]


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