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PA Bulletin, Doc. No. 06-1596

THE COURTS

Title 255--LOCAL
COURT RULES

ADAMS COUNTY

Adams County Rule 150; AD-19-06, Administrative Order No. 19 of 2006

[36 Pa.B. 4601]
[Saturday, August 19, 2006]

Order of Court

   And Now, 24th day of July, 2006, this Court does hereby adopt Adams County Criminal Rule 150, as follows:

1.  This Rule shall apply to all bench warrants subject to the provisions of Pa.R.Crim.P. 150.
2.  Individuals taken into custody as a result of the service of a criminal bench warrant shall be immediately transported and committed to the Adams County Adult Correctional Complex.
3.  Upon commitment to the county prison, the Warden, or designated officer, shall determine the nature of and source of the bench warrant.
a.  If the warrant was issued by a judicial officer of another county, the Warden, or designated officer, shall promptly notify proper authorities in the jurisdiction which issued the warrant.
b.  If the warrant was issued by a Magisterial District Judge from Adams County, the individual shall be promptly produced before the on-call Magisterial District Judge. If the matter is not resolved at that time, the individual shall be produced before the Magisterial District Judge who issued the warrant within 72 hours of commitment to the prison.
c.  If the warrant was issued by a Judge of the Court of Common Pleas of Adams County, the procedure set forth below shall be followed.
4.  On or before 8:30 A.M. of the business day immediately following commitment to the prison, the Warden, or designated officer, shall notify the District Court Administrator of the commitment. The District Court Administrator shall make arrangements for the individual to be produced before the Court no later than 72 hours after commitment to the prison.
5.  Any proceeding scheduled pursuant to this Rule may be conducted by video-conferencing. When video-conferencing is used, the judicial officer shall promptly provide appropriate written notice to the prison to either retain or release the individual.
6.  This Rule shall be effective for all persons served, detained, or committed on or after July 28, 2006.
Comment:
This Rule is designed to address those situations where an individual has been taken into custody as a result of the issuance of a criminal bench warrant in a court case (see Pa.R.Crim.P. 103). The Rule is not intended to address i) those situations where an individual voluntarily appears before the Court prior to service of the warrant, ii) those circumstances where the individual is taken into custody in or about the Adams County Courthouse, the Court is open for business, and it would be impracticable or unreasonable to transport him/her to the prison in accordance with this Rule, or iii) those situations where the Sheriff of Adams County, in the exercise of his discretion, directs an individual to appear before the Court on a date and time certain (which shall customarily be the next regularly scheduled Bench Warrant court.) Except in the first circumstance, the Sheriff shall promptly notify the District Court Administrator of such apprehension or arrangement for the purpose of providing notification to appropriate persons.
This Rule does not apply to warrants issued in civil matters, i.e. Domestic Relations, Protection From Abuse. In those situations, it is expect that the individual will be promptly produced before the judge who issued the warrant or such other judge who may be designated by the President Judge. However, when a warrant is issued for failure to appear for an indirect criminal contempt proceeding in a Protection From Abuse matter, it is advisable to follow the procedure set forth in this Rule.
Notice to the District Court Administrator required by Paragraph 4 shall include, but not be limited to, the identity of the person committed, the docket number(s), the date the warrant was issued, and the date and time of commitment.
In scheduling a bench warrant hearing, the District Court Administrator shall follow local practice. Generally, the hearing will be scheduled for 1:00 P.M. on the next available criminal court day, i.e., Arraignment, Plea Day, Criminal Business, Bench Warrant Court (Monday and Wednesday.) However, if the warrant was issued for the person's failure to appear at a revocation proceeding, the hearing shall be held on the next regularly scheduled Revocation Court day.

By the Court

JOHN D. KUHN,   
President Judge

[Pa.B. Doc. No. 06-1596. Filed for public inspection August 18, 2006, 9:00 a.m.]


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