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PA Bulletin, Doc. No. 07-1690

THE COURTS

MCKEAN COUNTY

Adoption of Criminal Procedure; No. 581 of 1999

[37 Pa.B. 4985]
[Saturday, September 15, 2007]

Order of Court

   And Now, this 22nd day of August, 2007, it is ordered and decreed as follows:

   1.  The Local Rules of Criminal Procedure are hereby adopted, effective 30 days after publication in the Pennsylvania Bulletin;

   2.  The District Court Administrator of the 48th Judicial District is hereby Ordered to:

   a.  File seven certified copies of this Order and the Local Rules of Criminal Procedure with the Administrative Office of Pennsylvania Courts;

   b.  File two certified copies and a computer diskette containing this Order and the Local Rules of Criminal Procedure with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

   c.  File one certified copy of this Order and the Local Rules of Criminal Procedure with the Pennsylvania Criminal Procedural Rules Committee;

   d.  Provide one copy of this Order and the Local Rules of Criminal Procedure to each member of the McKean County Bar Association; and

   e.  Keep continuously available for public inspection copies of this Order and the Local Rules of Criminal Procedure

   It is further Ordered and Decreed that contemporaneously with the effective date of the within Local Rules of Criminal Procedure, any previously adopted local criminal rules of court are rescinded and vacated.

By the Court

JOHN M. CLELAND,   
President Judge

CRIMINAL PROCEDURE

L120 Appearances

   (a)  An attorney representing a defendant at a preliminary hearing shall sign a praecipe for entrance of appearance and deliver the same to the District Justice before the beginning of the preliminary hearing.

   (b)  The District Justice shall transmit the praecipe for entrance of appearance with the docket transcript and the same shall be filed of record with the said docket transcript.

   (c)  This procedure for entry of appearance shall meet the requirements of Pa.R.Crim.P. 120.

   (d)  If a criminal information is filed by the District Attorney, but is assigned to an Assistant District Attorney for prosecution, the defense counsel having entered an appearance shall be notified promptly of the assignment by the District Attorney.

L441 Procedure In Certain Court Cases Initiated by Arrest Without Warrant

   (a)  When a defendant has been arrested without a warrant and the most serious offense charged is a misdemeanor of the second degree the arresting officer, if he deems it appropriate, may release the defendant from custody rather than taking him before the Issuing Authority if the following conditions are met:

   (1)  the defendant is a resident of the Commonwealth;

   (2)  the defendant poses no threat of immediate physical harm to any other person or to himself or herself;

   (3)  the arresting officer has reasonable grounds to believe that the defendant will appear as required; and

   (4)  the defendant does not demand to be taken before an Issuing Authority.

   (b)  When a defendant is released pursuant to paragraph (a) above, a complaint shall be filed against the defendant within five (5) days of the defendant's release. Thereafter, a summons, not a warrant of arrest, shall be issued and the case shall proceed as provided in Rule 440 of the Pennsylvania Rules of Criminal Procedure.

L542.1 Scheduling at Preliminary Hearing

   (a)  At the preliminary hearing the defendant and his attorney shall be assigned a date at which the defendant and his attorney must appear in Court for arraignment (unless waived), criminal conferences, and jury selection.

   (b)  If the defendant is not represented by counsel at the preliminary hearing, the District Justice shall assign a date for arraignment at which the defendant must appear in Court. At arraignment the arraigning officer shall set the dates at which the defendant and his counsel must appear for criminal conferences and jury selection.

   (c)  The dates so established for arraignment and jury selection shall be deemed orders of court and may not be changed except by leave of Court.

L575 Motions

   All motions or petitions involving disputed legal or factual issues shall contain a citation of appropriate authority in support of the requested relief, or, alternatively, be supported by a concise brief.

L588 Informations

   Pursuant to Pa.R.Crim.P. 588, in any case in which an information has not been filed within thirty days from when a defendant has been bound over to Court by action of the District Justice, on motion of the defendant the Court will issue a rule directed to the District Attorney to appear and show cause why the case should not be dismissed, without prejudice, for failure to prosecute.

   Upon receipt of such a motion or petition a hearing or argument will be scheduled, and a date established for the presentation of a reply brief if required.

[Pa.B. Doc. No. 07-1690. Filed for public inspection September 14, 2007, 9:00 a.m.]


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