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PA Bulletin, Doc. No. 07-634

THE COURTS

TIOGA COUNTY

Local Rule TC-117; No. 28 MS 2007

[37 Pa.B. 1642]
[Saturday, April 14, 2007]

Order

   And Now, this 2nd day of April, 2007, it is hereby Ordered that the following Local Rule 117 in reference to Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail be promulgated. This rule shall become effective thirty (30) days after publication in the Pennsylvania Bulletin. It is further ordered that the District Court Administrator shall send seven (7) certified copies of this Rule to the Administrative Office of the Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, and one (1) certified copy to the Criminal Procedural Rules Committee. A copy of this rule shall be kept continuously available for public inspection and copying in the Office of the Tioga County District Court Administrator. The Court Administrator shall furnish to any person a copy of any local rule upon request and payment of reasonable costs of reproduction and mailing.

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

   (1)  All Magisterial District Judge (MDJ) Offices shall be open for regular business on Mondays through Fridays, excluding holidays, from 8:00 a.m. to 4:30 p.m., prevailing time. During normal business hours, each MDJ shall have primary responsibility for all matters arising in the venue of that MDJ, with the ''on-call'' or ''duty'' MDJ being available for all matters in the absence of that MDJ.

   (2)  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, and for the issuance of emergency orders under the Protection from Abuse Act shall be provided by the ''on-call'' or ''duty'' MDJ, who shall be available for a one week period, commencing on Friday at 9:00 a.m. and concluding the following Friday at 9:00 a.m.

   (3)  For services set forth in Pa.R.Crim.P. 117(A)(2)(a) & (c), (referring to the conduct of summary trials following arrest with warrant or the setting of bail for out-of-county warrants) the duty MDJ shall be available at his office without unreasonable delay.

   (4)  Pursuant to Tioga County Administrative Order #129 MISC 2006 IN RE: Magisterial District Judges, all individuals placed under arrest by law enforcement and requiring arraignment between the hours of 11:00 p.m. and 8:00 a.m. shall be temporarily detained at the Tioga County Prison. [See Pa.R.Crim.P. 117(A)(2)(b) & (d)] Further, individuals placed under arrest between the hours of 8:00 a.m. on Saturday until 8:00 a.m. on Monday shall be temporarily housed at the Tioga County Prison, pending the next MDJ arraignment time.

   (5)  The duty MDJ shall report to the Tioga County Prison or make himself available via videoconferencing at 8:00 a.m. each day and, additionally, at 8:00 p.m. on Saturday and Sunday to conduct preliminary arraignments for any detainees.

   (6)  MDJs, the Clerk of Courts, and the Warden, or in his absence, his designee in charge of the Tioga County Prison shall be authorized to accept bail in accordance with the provisions, and subject to the limitations, of the Pennsylvania Rules of Criminal Procedure.

By the Court

ROBERT E. DALTON, JR.,   
President Judge

[Pa.B. Doc. No. 07-634. Filed for public inspection April 13, 2007, 9:00 a.m.]


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