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PA Bulletin, Doc. No. 06-1439

THE COURTS

Title 255--LOCAL COURT RULES

CRAWFORD COUNTY

In the Matter of the Adoption of Local Criminal Rule 117 Providing for Coverage and Availability of Issuing Authorities with Respect to Issuing Warrants; Preliminary Arraignments; Summary Trials; and Setting and Accepting Bail; AD No. 4 of 2006

[36 Pa.B. 3998]
[Saturday, July 29, 2006]

Order

   And Now, July 13, 2006 pursuant to Rule 105 of the Pennsylvania Rules of Criminal Procedure, it is hereby ordered that Local Rule 117 (Cra.R.Crim.P. 117) is hereby adopted to take effect thirty (30) days after publication in the Pennsylvania Bulletin.

   The Court Administrator is ordered and directed to:

   1.  File seven (7) certified copies of this order with the Administrative Office of Pennsylvania Courts.

   2.  Send two (2) certified copies and a diskette to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  Send one (1) certified copy of this order to the Pennsylvania Criminal Procedural Rules Committee.

   4.  Forward one (1) copy to the Crawford County Law Library.

   5.  Keep continuously available for public inspection copies of this order and rule in the Clerk of Courts Office.

By the Court

GORDON R. MILLER,   
President Judge

Rule 117.  COVERAGE--ISSUING WARRANTS; PRELIMINARY ARRAIGNMENTS AND SUMMARY TRIALS; AND SETTING AND ACCEPTING BAIL

REGULAR BUSINESS HOURS

   All magisterial district judge offices shall be open for regular business on Mondays through Fridays, excluding holidays, from 8:30 a.m. to 4:30 p.m. local time.

CONTINUOUS COVERAGE

   Continuous coverage for the issuance of search warrants and arrest warrants, for warrants issued pursuant to Pa.R.Crim.P. 430 in a summary case, for the issuance of emergency orders under the Protection from Abuse Act, and for those services set forth in Pa.R.Crim.P. 117(A)(2)(a), (b), (c) and (d) shall be in accordance with the traditional on-call system as presently established.

NON-BUSINESS HOURS

   At least one magisterial district judge shall be available at all times in Crawford County. The responsibility of the judge on call is to perform the services referred to in this order and any other acts of an emergency nature as required by rule or law. A magisterial district judge in a particular district may contact police officers and other law enforcement agencies to indicate that said judge shall be called first even though said judge is not the on call magisterial district judge in order to handle matters required of magisterial district judges within the district of that particular judge.

   Otherwise, the magisterial district judge on call shall be contacted by all police agencies and other law enforcement agencies. Said judge must be available (able to be accessed or able to render services as required by rule or law). The magisterial district judge shall not have the option of determining when he or she will be available. The on call magisterial district judge must be available and must respond (answer or reply) in a timely fashion. In certain instances, such as under Rules 441 and 519 of the Pennsylvania Rules of Criminal Procedure, arresting officers may release a person from custody and subsequently file a citation or summons when specific conditions have been met. Police agencies and arresting officers are encouraged to familiarize themselves with these sorts of rules as those rules will be discussed by a magisterial district judge in deciding whether an arraignment is necessary in these cases.

   The on call magisterial district judge will be available during non-office hours for a week at a time in rotation, with each assignment period beginning on Monday at 4:30 p.m. and ending the following Monday at 8:30 o'clock a.m. (except Monday holidays, when the assignment period ends at 4:30 p.m. on that particular Monday).

   During that time the on call magisterial district judge is responsible for coverage by being available for inquiries at his or her home, through use of the beeper, or through communication with Crawford County Control. By providing continuous availability the on call magisterial district judge can then effectively receive/monitor all on call requests. If it is necessary for the on call magisterial district judge to personally act within two (2) hours of the time that judge's office will open for the next business day, the magisterial district judge may require the police officer or other law enforcement agency to bring a defendant before the appropriate magisterial district judge at or after the opening of that office.

   During temporary assignments in the on call schedule the magisterial district judge assigned is authorized to call upon the services of other magisterial district judges as needed, and mutually agreed upon, particularly if the other magisterial district judges have an office that is more convenient to the parties by reason of geographical location.

   The court administrator shall, annually, prepare a temporary assignment schedule to be used in Crawford County outside of normal business hours for the purposes set forth in this rule. That schedule is known as the ''Emergency Assignment Schedule.'' Modifications to this schedule may occur amongst respective magisterial district judges provided any modifications are mutually agreed upon and subsequently conveyed to Crawford County Control. Any additional compensation for subsequent modification of an existing schedule shall be waived.

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.

OFFICIALS DESIGNATED TO ACCEPT BAIL

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

[Pa.B. Doc. No. 06-1439. Filed for public inspection July 28, 2006, 9:00 a.m.]


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