THE COURTS
Title 255—LOCAL
COURT RULES
ADAMS COUNTY
Rules of Civil Procedure 1905; Administrative Order No. 13 of 2017
[47 Pa.B. 4522]
[Saturday, August 5, 2017]
Order of Court And Now, this 18th day of July, 2017, the Court hereby Orders the following amendment to the Adams County Rules of Civil Procedure:
Rule 1905. Indirect Criminal Contempt Hearing.
A. Arrest. When the Court is available, a defendant arrested for contempt shall be produced without unnecessary delay before a judge for preliminary arraignment. If arrest occurs when the Court is unavailable, the defendant shall [be arraigned] have preliminary arraignment before the on-call Magisterial District Judge. Upon request, defendant shall be provided with an application form for the appointment of a lawyer. Unless scheduled by a court order for a different time, contempt hearings shall be scheduled for 1:00 p.m. on the [first business day of the week, at least seven (7) and no more than ten (10) days] Wednesday following preliminary arraignment which is the furthest Wednesday within ten (10) calendar days after the defendant's arrest. Bail shall be set by the Magisterial District Judge[, and] with the defendant given an opportunity to post bail. The bail may be subject to special conditions, such as [cessation of abuse] requiring defendant to follow all specified conditions contained in the Protection From Abuse Order. [If the defendant is not released on bail, he or she shall be produced before a judge at the first available opportunity following arrest.] The Magisterial District Judge shall also, when applicable, follow the procedure outlined in Pa.R.C.P. Rule 1901.
At the preliminary arraignment, the Magisterial District Judge or Common Pleas Judge shall advise the defendant of the following:
1. A description of the alleged contemptuous acts;
2. That those acts violate a specific Order of Court;
3. Defendant is subject because of the alleged contempt to a prison sentence of six (6) months and a fine of One Thousand Dollars ($1,000.00);
4. A hearing will be held by a judge on a specified court business day at 1:00 p.m.;
5. Defendant is entitled to be represented by a lawyer in the contempt proceeding and that, if defendant qualifies, a lawyer will be appointed to represent him or her free of charge. The defendant shall be notified that he or she must apply for the appointment of a free counsel, and the Magisterial District Judge shall provide an application form upon request;
B. [Petition and Rule: Plaintiff will first enter the petition in the Prothonotary's office and then present it to the Court Administrator for the scheduling of a hearing. Except in unusual circumstances, hearings will be scheduled in the same manner as in arrest cases. If a specific time is requested, the Court Administrator will select a time, which will afford speedy relief and afford defendant time to prepare a defense. No answer shall be required by defendant.
C. Criminal] Private Complaint[:].
1. Plaintiff may file a private criminal complaint pursuant to 23 Pa.C.S.A. § 6113 by filing the complaint in the Prothonotary's Office. The Prothonotary's Office shall, after clocking in the complaint, immediately forward it to the Court Administrator for the scheduling of a hearing. Except in unusual circumstances, hearings will be scheduled in the same manner as in arrest cases and shall be scheduled by court order. Service of the order, once entered, shall be made on the defendant by the Sheriff's Department. No answer shall be required by defendant.
2. Contempt proceedings may be commenced by the filing of a criminal complaint before a Magisterial District Judge. Service shall be accomplished as in other criminal proceedings, by a constable, or police officer. If neither is available, the complaint shall be served by the Sheriff. [Procedures will be the same as are followed in other protection from abuse proceedings begun before a Magisterial District Judge] Upon filing of a private complaint for criminal contempt in the office of a Magisterial District Judge, the Magiste-rial District Judge shall promptly forward the same to Court Administration who will schedule contempt hearing pursuant to paragraph B(1) above.
These rules shall become effective after all the provisions of the Pennsylvania Rules of Judicial Administration 103 are met, to include the following:
a. A copy of this order shall be submitted to the Civil Procedural Rules Committee for review to rulescommittees@pacourts.us;
b. Upon receipt of a statement from the Civil Procedural Rules Committee that the local rule is not inconsistent with any general rule of the Supreme Court, two (2) certified copies of this Order together with a computer diskette that complies with the requirement of 1 Pa. Code § 13.11(b), or other compliant format, containing the test of the local rule(s) adopted hereby shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
c. One copy of this Order shall be forwarded to the Administrative Office of the Pennsylvania Courts via e-mail to adminrules@pacourts.us.
d. A copy of the proposed local rule(s) shall be published on the 51st Judicial District website;
e. This Order shall be filed in the Office of the Prothonotary of Adams County and a copy thereof shall be filed with the Adams County Clerk of Courts and the Adams County Law Library for inspection and copying;
f. The effective date of the local rule(s) shall be 30 days after publication in the Pennsylvania Bulletin.
By the Court
MICHAEL A. GEORGE,
President Judge
[Pa.B. Doc. No. 17-1298. Filed for public inspection August 4, 2017, 9:00 a.m.]
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