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PA Bulletin, Doc. No. 11-1419

THE COURTS

Title 255—LOCAL
COURT RULES

FRANKLIN AND FULTON COUNTIES

Adoption of Local Rules of Juvenile Procedure; No. CP-28-AD-64-2011

[41 Pa.B. 4532]
[Saturday, August 20, 2011]

Order of Court

 And Now this 27th day of August, 2011, It Is Hereby Ordered that the following Rules of the Court of Common Pleas of the 39th Judicial District of Pennsylvania, Franklin and Fulton County Branches, Juvenile Division, are adopted as indicated on this date, to be effective upon publication on the Pennsylvania Judiciary's Web Application Portal:

 Local Rules of Juvenile Procedure 120, 120, 210 shall read as follows.

 It Is Further Ordered that the District Court Administrator shall:

 1. Transmit a copy of this order and the foregoing rules to the Juvenile Court Procedural Rules Committee for transmittal to the Administrative Office of Pennsylvania Courts (AOPC) for publication on the Pennsylvania Judiciary's Web Application Portal.

 2. Distribute two (2) certified paper copies and one (1) computer diskette or CD-ROM copy to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Provide one (1) certified copy of the Local Rules to the Franklin County Law Library and one (1) certified copy to the Fulton County Law Library.

 4. Keep such local rules, as well as all local juvenile rules, continuously available for public inspection and copying in the Office of the Clerk of Courts of Franklin County and the Office of the Clerk of Courts of Fulton County. Upon request and payment of reasonable costs of reproduction and mailing, the Clerk shall furnish to any person a copy of any local rule.

 5. Arrange to have the local rules published on the Franklin County Bar Association web site at www. franklinbar.org.

By the Court

DOUGLAS W. HERMAN, 
President Judge

Rule 39-100. Scope of Rules.

 Except where specifically limited to the Franklin County Branch or the Fulton County Branch, these rules shall govern juvenile court procedures in the Court of Common Pleas of both branches of the 39th Judicial District of Pennsylvania, and shall be cited as 39th Jud. Dist. R.J.C.P. __ .

Rule 39-120. Definitions.

 The following words and phrases, when used in any Rule of Juvenile Procedure, shall have the following meanings:

 Issuing authority is any public official having the power and authority of a Magisterial District Judge or a Judge of the Court of Common Pleas of the 39th Judicial District.

Rule 39-210. Arrest Warrants.

 A. Application. The Court hereby designates the Magisterial District Judges of the 39th Jud. Dist. As issuing authorities pursuant to Pa.R.J.C.P. 210(A) with authority to issue arrest warrants pursuant to the procedures set in Pa.R.J.C.P. rules 210 through 213. An application for an arrest warrant shall be made by submitting a written allegation supported by a probable cause affidavit with an issuing authority.

 B. Continuous coverage. To ensure sufficient availability of issuing authorities to provide the services required by this rule:

 1. In both branches of the 39th Judicial District of Pennsylvania, all Magisterial District Judge offices shall be open for regular business on Mondays through Fridays, excluding holidays, from 8:30 a.m. to 4:30 p.m., prevailing time.

 2. Magisterial District Judges shall be available twenty-four hours per day, every day of the calendar year, to provide continuous coverage for the issuance of arrest warrants pursuant to this rule. The Magisterial Judges shall satisfy this rule by remaining ''on-call'' during non-regular business hours on a rotating basis pursuant to a schedule prepared by the District Court Administrator and approved by the President Judge. The ''on-call'' schedule for each year shall be filed with the Clerk of Courts and be available for public inspection, as well as distributed and publicized pursuant to the order of the President Judge.

 3. This designation of Magisterial District Judges as issuing authorities pursuant to Rule 210(A) of the Pa.R.J.C.P. does not supplant but is in addition to the authority of the President Judge and the other Judges of the Court of Common Pleas to issue warrants pursuant to Pa.R.J.C.P. 210(A) as may be necessary.

 Comments: The purpose of this rule is carry out the requirements of Pa.R.J.C.P. 210(A) which requires, the ''president judge shall ensure twenty-four hour availability of a designated issuing authority.''

 This rule is intended to supplement the duties of the ''on-call'' magistrate as delineated by 39th Jud. Dist. R. Crim. P. 117. The ''on-call'' magistrate shall be charged with carrying out the requirements of this rule and 39th Jud. Dist. R. Crim. P. 117.

[Pa.B. Doc. No. 11-1419. Filed for public inspection August 19, 2011, 9:00 a.m.]


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