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PA Bulletin, Doc. No. 07-1080

THE COURTS

LACKAWANNA COUNTY

Repeal and Adoption of Rules of Criminal Procedure; Doc. No. 2007-MD241

[37 Pa.B. 2803]
[Saturday, June 23, 2007]

Order

   And Now, this 25th day of May, 2007, it is hereby Ordered and Decreed that the following Lackawanna County Rule of Criminal Procedure is amended as follows:

   1.  Lacka. Co. R.Crim.P. 105(C) is amended as reflected in the following rule;

   2.  Under Pa.R.Crim.P. 117(c), 520, and 525, the following Local Rule shall be disseminated and published as follows:

   (a)  Seven certified copies of the Local Rule shall be filed with the Administrative Office of the Pennsylvania Courts;

   (b)  Two certified copies of the Local Rule and a computer diskette that complies with the requirements of 1 Pa. Code 13.11(b) shall be distributed by the court promulgating the rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

   (c)  One certified copy of the Local Rule shall be filed by the court promulgating the rule with the Criminal Procedural Rules Committee which shall then forward a copy to the Administrative Office of the Pennsylvania Courts (AOPC) for publication on the AOPC web site;

   (d)  The Local Rule shall be kept continuously available for public inspection and copying in the Office of the Clerk of Judicial Records, Criminal Division and upon request and payment of reasonable costs of reproduction and/or mailing, the Clerk of Judicial Records shall furnish to any person a copy of the requested Local Rule(s);

   (e)  A computer diskette containing text following Local Rule in either MS-DOS, ACSII, Microsoft Word or WordPerfect format and labeled with the court's name and address and computer file name shall be distributed to the Lackawanna Bar Association;

   (f)  The Local Rule shall be published on the website of the Lackawanna Bar Association (www.lackawan nabar.com) and the website of the Administrative Office of the Pennsylvania Courts (ujsportal.pacourts.us/);

   (g)  The amendment to Local Rule 520 shall become effective not less than thirty (30) days after the date of its publication in the Pennsylvania Bulletin as per Pa.R.Crim.P. 105(D).

By the Court

CHESTER T. HARHUT,   
President Judge

Rule 525. Bail Bond

   1.  Magisterial District Judges, the Clerk of Courts and certain designated officials at the Lackawanna County Prison are authorized to accept bail in accordance with the provisions and subject to the limitations of the Pennsylvania Rules of Criminal Procedure. (See Pa.R.Crim.P. 117(c), 520, and 525.)

   2.  Prior to the filing of the transcript with the Clerk of Judicial Records, Criminal Division, bail may be posted from 9:00 a.m. to 4:00 p.m. at the office of the Magisterial District Court where the case is pending.

   3.  After the filing of the transcript with the Clerk of Judicial Records, Criminal Division, bail may be posted from 9:00 a.m. to 4:00 p.m. at the Clerk of Judicial Records, Criminal Division.

   4.  Bail may be posted at any other time at the Lackawanna County Prison. Said bail shall be posted with those corrections officers designated by the Warden of the Lackawanna County Prison and deputized by the Clerk of Judicial Records, Criminal Division. The corrections officer is authorized to accept the bail, and pursuant to Pa.R.Crim.P. 525 to release the defendant upon the execution of the bail bond. The official who releases the defendant shall also sign the bail bond witnessing the defendant's signature.

   5.  The defendant shall not be released until he or she signs the bail bond. After the defendant signs the bail bond, a copy of the bail bond shall be given to the defendant, and the original shall be included in the record.

   6.  Bail accepted at the Prison along with the original bail bond shall be forwarded immediately to the office of the Clerk of Judicial Records, Criminal Division. Upon receipt of the bail, if the transcript has not been filed, the Clerk of Judicial Records, Criminal Division, shall notify the Magisterial District Court where the case is pending that the defendant posted bail.

   7.  Posting of real estate to satisfy the monetary condition of release may not be done at the Lackawanna County Prison.

[Pa.B. Doc. No. 07-1080. Filed for public inspection June 22, 2007, 9:00 a.m.]


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