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PA Bulletin, Doc. No. 06-2262

THE COURTS

DAUPHIN COUNTY

Promulgation of Local Rules; No. 0091-15 MD2006

[36 Pa.B. 7008]
[Saturday, November 18, 2006]

Order

   And Now, this 26th day of October, 2006, Dauphin County Local Rule of Criminal Procedure 150 is amended as follows:

Rule 150:  Bench Warrants
A.  Bench Warrants Issued by the Court of Common Pleas
1.  When an individual is committed to Dauphin County Prison pursuant to a bench warrant issued by the Court of Common Pleas, s/he shall be detained pending a bench warrant hearing. The Warden or his designee shall notify the Dauphin County Court Administrator, District Attorney, Public Defender, Sheriff, and Dauphin County Pretrial Services within 12 hours of the fact of such commitment.
2.  (a) Bench Warrant Court shall be convened at 8:00 A.M. on Monday (Tuesday when Monday is a holiday) and Thursday at the Video Conference Room of the Dauphin County Court House for purpose of conducting a hearing on all bench warrant commitments pending at Dauphin County Prison. The scope of the hearing may include a determination as to whether the bench warrant is still valid, whether the appropriate person has been detained, the reasons why the person failed to appear, and the setting of bail when appropriate.
(b)  The motions judge shall preside at Bench Warrant Court.
(c)  The District Attorney and Public Defender shall each assign an attorney for the hearing. The participation of a Public Defender at this hearing shall not be construed as an entry of appearance on behalf of the defendant.
(d)  Dauphin County Prison shall arrange to have the committed prisoner available for video conference at the appointed hour.
(e)  A court reporter shall be assigned to each hearing.
(f)  Where a person has been committed at an out-of-county facility, the Court Administrator may make arrangements for the video-conference connection with that facility.
B.  Bench Warrants Issued by a Magisterial District Judge
1.  When an individual is committed to Dauphin County Prison pursuant to a bench warrant issued by a Magisterial District Judge, s/he shall be detained pending a bench warrant hearing. The Warden or his designee shall notify the Dauphin County Court Administrator, Central Court, District Attorney, Public Defender, Sheriff, and Dauphin County Pretrial Services within 12 hours of the fact of such commitment.
2.  (a) Bench Warrant Court shall be convened at Central Court every Monday (Tuesday if Monday is a holiday) and Thursday at a time to be set by the Court. Bench Warrant Court may also be convened on any other date that Central Court is in session. The scope of the hearing may include a determination as to whether the bench warrant is still valid, whether the appropriate person has been detained, the reasons why the person failed to appear, and the setting of bail when appropriate.
(b)  The District Attorney and Public Defender may each assign an attorney for the hearing. The participation of a Public Defender at this hearing shall not be construed as an entry of appearance on behalf of the defendant.
(c)  Dauphin County Prison shall arrange for the committed prisoner to be available at the appointed hour for a Rule 150 Hearing, whether it be at Central Court, via video conferencing, or at the office of the issuing authority.
(d)  Where a person has been committed at an out-of-county facility, the Court Administrator may make arrangements for the video-conference connection with that facility.
Comments:  The provisions of this rule do not apply to DRO bench warrants.
When a defendant fails to appear for a preliminary hearing and a Magisterial District Judge holds the hearing in absentia, binds the case over to court, and issues a bench warrant for defendant's arrest, the MDJ retains jurisdiction to dispose of the warrant until date of arraignment. See Pa.R.Crim.P. 543(D)(3).

   This rule shall be effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

RICHARD A. LEWIS,   
President Judge

[Pa.B. Doc. No. 06-2262. Filed for public inspection November 17, 2006, 9:00 a.m.]


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