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PA Bulletin, Doc. No. 18-857

THE COURTS

Title 249—PHILADELPHIA RULES

PHILADELPHIA COUNTY

Renumbering and Amendment of Philadelphia Municipal Court Criminal Rule 550; Adoption of Rule 210 and Rule 513; President Judge General Court Regulation No. 01 of 2018

[48 Pa.B. 3323]
[Saturday, June 2, 2018]

Order

 And Now, this 14th day of May, 2018, the Board of Judges of the Philadelphia Municipal Court having voted to renumber and amend current Philadelphia Municipal Court Criminal Rule No. 550 and to adopt Rule 210 and Rule 513, it is hereby Ordered and Decreed that:

 1) Philadelphia Municipal Court Criminal Rule No. 550 is renumbered Philadelphia Municipal Court Criminal Rule No. 540. Preliminary Arraignment, and is amended as follows, effective July 1, 2018; and

 2) Rule 210. Unexecuted Search Warrants. Filing of Executed Search Warrants, Inventory and Related Papers with the Office of Judicial Records and Rule 513. Dissemination of Arrest Warrant Information, are adopted effective July 1, 2018.

 As required by Pa.R.J.A. No. 103(d), the proposed local rule was submitted to the Supreme Court of Pennsylvania Criminal Rules Committee for review, and written notification has been received from the Criminal Rules Committee certifying that the proposed local rule is not inconsistent with any general rule of the Supreme Court. This General Court Regulation and the following local rule shall be filed with the Office of Judicial Records (formerly the Prothonotary, Clerk of Courts and Clerk of Quarter Sessions) in a docket maintained for General Court Regulations issued by the First Judicial District of Pennsylvania. As required by Pa.R.J.A. No. 103(d)(5)(ii), two certified copies of this General Court Regulation and the following local rule, as well as one copy of the General Court Regulation and local rule shall be distributed to the Legislative Reference Bureau on a computer diskette for publication in the Pennsylvania Bulletin. One certified copy of this General Court Regulation and local rule shall be filed with the Administrative Office of Pennsylvania Courts, shall be published on the website of the First Judicial District at http://www.courts.phila.gov, and shall be incorporated in the compiled set of local rules no later than 30 days following publication in the Pennsylvania Bulletin. Copies of the General Court Regulation and local rule shall also be published in The Legal Intelligencer and will be submitted to American Lawyer Media, Jenkins Memorial Law Library, and the Law Library for the First Judicial District.

By the Court

HONORABLE MARSHA H. NEIFIELD, 
President Judge
Philadelphia Municipal Court

Rule [550] 540. Preliminary Arraignment.

 (A) Preliminary arraignments shall be held 24/7/365, at the Justice Juanita Kidd Stout Center for Criminal Justice, in accordance with Pa.R.Crim.P. No. 540. Information available to the Arraignment Court Magistrate through PARS may be relied upon by the Arraignment Court Magistrate, shall be included in the case file, and shall be accessible by the parties and the public as provided by the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. The Arraignment Court Magistrate shall include in the case file documentary exhibits, if any, introduced by the Commonwealth or defense counsel.

 (B) Hospital bedside preliminary arraignments may be conducted between 7:00 AM and 7:00 PM (or at such other times as authorized by the President Judge from time to time), in person or by using two-way simultaneous audio-visual communications as directed by the issuing authority or Arraignment Court Magistrate. Police shall direct all requests for bedside preliminary arraignments to the assigned Arraignment Court Magistrate [sitting on the day shift] at the [Criminal Justice Center] Justice Juanita Kidd Stout Center for Criminal Justice.

 Note: Former rule 550 rescinded and new rule adopted by the Municipal Court Board of Judges on November 18, 2005; effective March 15, 2006. Rule renumbered and amended on May 14, 2018; effective July 1, 2018.

 (Editor's Note: The following rules are added and printed in regular type to enhance readability.)

Rule 210. Unexecuted Search Warrants. Filing of Executed Search Warrants, Inventory and Related Papers with the Office of Judicial Records.

 (A) From time to time, the Arraignment Court Magistrates shall destroy all unexecuted Search Warrants and related papers filed with, and issued by, the Arraignment Court Magistrates pursuant to Pa.R.Crim.P. No. 200 et seq.

 (B) All Executed Search Warrants, the Inventory and related papers shall be filed by the Arraignment Court Magistrates and the law enforcement officers with the Office of Judicial Records at the Justice Juanita Kidd Stout Center for Criminal Justice. Search Warrant information shall be disseminated as provided in Pa.R.Crim.P. No. 212, subject to any sealing requests granted pursuant to Pa.R.Crim.P. No. 211. The Office of Judicial Records shall file the Search Warrants and related papers in the applicable Criminal or Miscellaneous Docket.

 Note: Adopted by the Municipal Court Board of Judges on May 14, 2018; effective July 1, 2018

Rule 513. Dissemination of Arrest Warrant Information.

 All Executed Arrest Warrants and related papers shall be filed by the issuing authority and the law enforcement officer with the Office of Judicial Records at the Justice Juanita Kidd Stout Center for Criminal Justice. Arrest Warrant information shall be disseminated as provided in Pa.R.Crim.P. No. 513 (C), subject to any sealing requests granted pursuant to Pa.R.Crim.P. No. 513.3. The Office of Judicial Records shall file and docket the Arrest Warrants and related papers in the applicable Criminal or Miscellaneous Docket.

 Adopted by the Municipal Court Board of Judges on May 14, 2018; effective July 1, 2018

[Pa.B. Doc. No. 18-857. Filed for public inspection June 1, 2018, 9:00 a.m.]


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