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PA Bulletin, Doc. No. 09-2270

THE COURTS

LANCASTER COUNTY

Adoption of Rules of Criminal Procedure; No. 536; AD 18-2009; CPJ. No. 7 Page 1357

[39 Pa.B. 6943]
[Saturday, December 12, 2009]

Administrative Order

 And Now, this 23rd day of November, 2009, it is hereby Ordered that new Lancaster County Rule of Criminal Procedure No. 536 is adopted as follows:

 The Court Administrator is directed to:

 1. File one (1) certified copy of this Order and Rule with the Administrative Office of Pennsylvania Courts.

 2. File two (2) certified paper copies and one (1) diskette or CD-ROM containing this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Publish a copy of this Order and Rule on the Unified Judicial System's web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

 4. Keep continuously available for public inspection copies of the Order and Rule in the Prothonotary and Clerk of Courts Office.

 This order shall become effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

LOUIS J. FARINA, 
President Judge

Rule 536. Bail Pieces.

 A. In all cases where a bail piece is lodged, the case shall proceed in accordance with the following procedures:

 1. In all cases where the Defendant is lodged in the Lancaster County Prison pursuant to a bail piece, the Warden or his designee shall notify the District Court Administrator within twelve (12) hours of commitment.

 2. After notice from the Warden or his designee, the District Court Administrator shall schedule a hearing to take place within seven (7) days of the date the bail piece was lodged.

 3. The District Court Administrator shall give prompt notice of the hearing to the Office of the Public Defender, District Attorney's Office, the Clerk of Courts of Lancaster County, and any surety involved in the matter. The District Attorney and Public Defender shall each assign an attorney for the hearing.

 4. The daily Business Judge shall conduct hearings on bail proceedings held pursuant to this Rule.

 5. A copy of the Court's Order following the hearing shall be promptly forwarded to the Lancaster County Prison.

 6. At any hearing conducted pursuant to this Rule, the only determination shall be whether to dismiss the bail piece or whether bail shall be reset. No decision regarding the exoneration of any surety shall be made at a hearing conducted pursuant to this Rule.

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

[Pa.B. Doc. No. 09-2270. Filed for public inspection December 11, 2009, 9:00 a.m.]


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