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PA Bulletin, Doc. No. 11-1868

THE COURTS

Title 255—LOCAL
COURT RULES

DAUPHIN COUNTY

Rescission and Repromulgation of Rule of Criminal Procedure 117 (MDJ Night Court Duty Procedure); No. 1793 S 1989; (Amending M.D. 2006); A.O. 2011

[41 Pa.B. 5955]
[Saturday, November 5, 2011]

Order of Court

 And Now, this 17th day of October, 2011, Dauphin County Local Rule of Criminal Procedure 117 is rescinded in its entirety and repromulgated as follows:

Rule 117. Magisterial District Judge Night Court Duty Procedures.

 (1) (a) The standard business hours for all Dauphin County Magisterial District Courts shall be Monday through Friday, 8:00 A.M. to 4:30 P.M. Any magisterial district judge (MDJ) who is unavailable during these times due to vacation, illness, night duty, continuing education, or any other reason, must make arrangements to have his or her district covered by another MDJ.

 (b) Any matter presented to an MDJ between 8:00 A.M. and 4:00 P.M. Monday through Friday shall be resolved by that judge, or by the MDJ temporarily covering that district. Any matter presented to an MDJ after 4:00 P.M. Monday through Friday may be handled by the MDJ or may be held for Night Court.

 (2) The standard business hours for Dauphin County Night Court shall be as follows:

 (a) Monday through Thursday: 5:00 P.M. to midnight. The Night Court Duty Judge (''Duty Judge'') shall be available from 9:00 P.M. to midnight, either by presence at Night Court or by video conference, to handle all relevant matters. The Duty Judge shall arraign all defendants whose paperwork is received by Night Court no later than midnight.

 (b) Friday through Sunday: 5:00 P.M. Friday until midnight Sunday night. The Duty Judge shall be available Friday night and Saturday night from 9:00 P.M. until all matters are concluded, Saturday and Sunday morning at 8:00 A.M. until all matters are concluded, Saturday and Sunday afternoon at 4:00 P.M. until all matters are concluded, and Sunday night from 9:00 P.M. until midnight. The Duty Judge shall arraign all defendants whose paperwork is received by Night Court during those hours.

 The Duty Judge may call in to Night Court one hour prior to the morning and afternoon arraignment times. If no matters are pending, the Duty Judge does not need to be present at Night Court or by video.

 (c) Holidays: The Duty Judge shall be available at 8:00 A.M. until all matters are concluded, at 4:00 P.M. until all matters are concluded, and at 9:00 P.M. until midnight. The Duty Judge shall arraign all defendants whose paperwork is received by Night Court during those hours.

 The Duty Judge may call Night Court one hour prior to the morning and afternoon arraignment times. If no matters are pending, the judge does not need to be present at Night Court or by video.

 (d) Any emergency situations requiring search warrants and arrest warrants arising between midnight - 8:00 A.M. Monday through Friday shall be the responsibility of the Duty Judge.

 (3) Morning Arraignments Monday—Friday: Each MDJ shall be responsible to handle his/her own arraignments for those defendants arrested after the close of Dauphin County Night Court the previous night. These arraignments shall be held at 8:30 A.M. each weekday morning, either by having the defendant brought to the district court in person or by video conferencing. If an MDJ is absent from his/her office it is the responsibility of the sitting judge to make sure that another MDJ is available to perform the morning arraignments.

 (4) The schedule for Night Court duty shall be the responsibility of the Deputy Court Administrator for Magisterial District Judges.

 This rule shall be effective thirty days after publication in the Pennsylvania Bulletin.

By the Court

TODD A. HOOVER, 
President Judge

[Pa.B. Doc. No. 11-1868. Filed for public inspection November 4, 2011, 9:00 a.m.]


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