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PA Bulletin, Doc. No. 13-1075

THE COURTS

Title 255—LOCAL
COURT RULES

MERCER COUNTY

Court of Common Pleas Criminal Division; No. 2 A.D. 2013

[43 Pa.B. 3230]
[Saturday, June 15, 2013]

Order

 And Now, this 30th day of May, 2013, the court hereby Approves, Adopts and Promulgates Mercer County Local Rule L-527 and Mercer County Local Rule L-571, effective thirty (30) days after the date of publication of these Rules in the Pennsylvania Bulletin, pursuant to Rule 103 (c) of the Pennsylvania Rules of Judicial Procedure.

 It is also Ordered and Directed the Court Administrator of Mercer County shall file one (1) certified copy of these Rules with the Administrative Office of Pennsylvania Courts, furnish two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, and file one certified copy with the Criminal Procedural Rules Committee.

 It is further Ordered and Directed that Local Rules shall be kept continuously available for public inspection and copying in the Office of the Prothonotary of Mercer County. Upon request and payment of reasonable costs of reproduction and mailing, the Prothonotary shall furnish to any person a copy of the Local Rules. A copy of these Rules shall be published in the Mercer County Law Journal.

By the Court

THOMAS R. DOBSON, 
President Judge

Mercer County Local Rule of Court L-571. Arraignments.

 (a) A defendant's arraignment shall take place on Tuesday of the eighth week following defendant's preliminary hearing. If no arraignment court is scheduled for said Tuesday, a defendant's arraignment shall take place on the next scheduled arraignment court.

 (b) Notice of arraignment shall be provided to the defendant by the Magisterial District Judge following the preliminary hearing on the form provided in sub-paragraph (e).

 (c) The District Attorney of Mercer County shall have available at arraignment ARD application forms for pro se defendants charged with first offense DUI and/or boating DUI's.

 (d) The Court Administrator of Mercer County shall provide to each Magisterial District Judge and the District Attorney of Mercer County on or before the last Monday of each calendar year a schedule setting the arraignment dates in accordance with sub-paragraph (a) hereof.

 (e) Arraignment Notice Form:

IN THE COURT OF COMMON PLEAS OF MERCER COUNTY, PENNSYLVANIA
CRIMINAL

COMMONWEALTH OF PENNSYLVANIA :
:
VS.
: OTN NO.: ______________________
:
_________________________________ , :
     Defendant :

NOTICE OF ARRAIGNMENT

 You are hereby notified that arraignment in the above-captioned matter shall be held on the _____ day of ______ , 20____ , at ______  o'clock, ____ .m. in Courtroom No. ____ of the Mercer County Courthouse, Mercer, Pennsylvania. This Notice is the only one you will receive.

YOU MUST APPEAR FOR ARRAIGNMENT COURT UNLESS YOU EXECUTE A WRITTEN WAIVER PRIOR TO THE DATE OF ARRAIGNMENT. IF YOU FAIL TO APPEAR OR WAIVE ARRAIGNMENT, A BENCH WARRANT SHALL BE ISSUED FOR YOUR ARREST.

BY THE COURT:
_________________ P.J.

 (f) All continuances of arraignment from the date set by the Magisterial District Judge must be approved by the President Judge or most senior judge available should the President Judge not be available.

 (g) At arraignment, all defendants charged with DUI shall notify the Court on the record if they appear or in writing if arraignment is waived, whether treatment was recommended as a result of the DUI evaluation and, if so, whether the defendant has commenced said treatment. If the defendant has not, the Court may modify defendant's bail to require defendant successfully complete the recommended treatment in the TASC program.

Mercer County Local Rule of Court L-527. DUI and CRN Evaluations.

 All defendants charged with at least one count of Driving Under the Influence shall at the time bail is set by the Magisterial District Judge, have D&A and CRN evaluations scheduled and have as a condition of bail a requirement that the defendant attend said evaluations, and if drug and alcohol treatment is recommended, enter into the recommended treatment prior to the date of arraignment and successfully complete the treatment recommended.

[Pa.B. Doc. No. 13-1075. Filed for public inspection June 14, 2013, 9:00 a.m.]


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