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PA Bulletin, Doc. No. 22-1415

THE COURTS

Title 255—LOCAL COURT RULES

CRAWFORD COUNTY

In the Matter of the Adoption of Local Criminal Rules of Procedure; No. AD 1 of 2022

[52 Pa.B. 5932]
[Saturday, September 17, 2022]

Order

And Now, September 2, 2022, Local Rule of Criminal Procedure 117 is amended as follows, effective thirty days after publication in the Pennsylvania Bulletin:

Rule 117. Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; Setting and Accepting Bail; and Other Services.

REGULAR BUSINESS HOURS

 All magisterial district judge offices shall be open for regular business Monday through Friday, excluding holidays celebrated by the Court of Common Pleas of Crawford County, from 8:30 a.m. to 4:30 p.m. prevailing local time, to provide the services specified in Rule 117(A) of the Pennsylvania Rules of Criminal Procedure during regular business hours.

MAGISTERIAL DISTRICT JUDGE
TEMPORARY ASSIGNMENTS

 When during regular business hours for magisterial district judges, a judge who has venue over a particular matter is unavailable, any other magisterial district judge in Crawford County is hereby temporarily assigned to serve the magisterial district of the judge who is unavailable. Such an arrangement may be made between respective magisterial district judges by mutual agreement. Any additional compensation for said arrangement will be waived.

ON-CALL COVERAGE DURING
NON-BUSINESS HOURS

 There shall be continuous coverage for all of the magisterial district courts during non-business hours by the on-call magisterial district judge for all of the following:

 1. Issuance of search warrants pursuant to Pa.R.Crim.P. 203;

 2. Issuance of arrest warrants pursuant to Pa.R.Crim.P. 513; and

 3. Issuance of emergency orders under the Protection From Abuse Act (23 Pa.C.S. §§ 6101—6122), the Protection of Victims of Sexual Violence or Intimidation Act (42 Pa.C.S. §§ 62A01—62A20), and the Older Adults Protective Services Act (35 P.S. §§ 10225.101—10225.5102).

 The ''Continuous Coverage'' services set forth above shall be provided by the on-call magisterial district judge in the following manner: The on-call magisterial district judge will be promptly notified by Crawford County Emergency Management Office whenever there is a need for any ''Continuous Coverage'' service. The on-call magisterial district judge will then contact the police officer or other person requesting the services of the on-call magisterial district judge. The Crawford County Emergency Management Office will only notify the on-call magisterial district judge if the request is for one of the enumerated ''Continuous Coverage'' services.

OTHER ON-CALL COVERAGE

 The on-call magisterial district judge will also be responsible for preforming the services required by Pa.R.Crim.P. 117(A)(2), in the following manner: The on-call magisterial district judge shall call the booking officer at the Crawford County Correctional Facility each morning at 8:00 a.m. to determine whether there is a need to perform any of the services required by Pa.R.Crim.P. 117(A)(2). If such a need has arisen, the on-call magisterial district judge shall appear that day for the performance of those services, without unnecessary delay, either at the office of the on-call magisterial district judge, or (to the extent allowable by Pa.R.Crim.P. 119) remotely by two-way audio-visual communication if such equipment is available, at the option of the on-call magisterial district judge.

ON-CALL MAGISTERIAL DISTRICT JUDGE ASSIGNMENTS

 The magisterial district judges shall rotate in performing the services of on-call magisterial district judge on a weekly basis consistent with a schedule established annually by the District Court Administrator with the approval of the President Judge. Modifications of this schedule may occur amongst the respective magisterial district judges by mutual agreement. Any such modification shall be conveyed to the Crawford County Emergency Management Office by the magisterial district judge who will be serving as the on-call magisterial district judge by mutual agreement. Any additional compensation for subsequent modification of an existing schedule shall be waived.

 The weekly on-call duty shall begin on Friday at 4:30 p.m. and continue until the following Friday at 8:30 a.m., unless the magisterial district court offices are closed that Friday, in which case on-call duty shall continue that Friday until 4:30 p.m.

OFFICIALS DESIGNATED TO ACCEPT BAIL

 Magisterial district judges, the Clerk of Courts, and the Crawford County Correctional Facility shall be authorized to accept bail in accordance with the provisions and subject to the limitations of the Pennsylvania Rules of Criminal Procedure.

Further, the District Court Administrator is Ordered and Directed to publish and disseminate this Order in conformity with Pa.R.J.A. 103.

By the Court

JOHN F. SPATARO, 
President Judge

[Pa.B. Doc. No. 22-1415. Filed for public inspection September 16, 2022, 9:00 a.m.]



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