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PA Bulletin, Doc. No. 15-856

THE COURTS

SCHUYLKILL COUNTY

Amend Criminal Rule of Procedure 571 Arraignment; AD 40-15

[45 Pa.B. 2240]
[Saturday, May 9, 2015]

Order of Court

 And Now, this 23rd day of April, 2015 at 1:15 p.m., Schuylkill County Criminal Rule of Procedure, Rule 571, Arraignment, is amended for use in the Court of Common Pleas of Schuylkill County, Pennsylvania, Twenty-First Judicial District, Commonwealth of Pennsylvania, effective thirty days after publication in the Pennsylvania Bulletin.

 The Clerk of Courts of Schuylkill County is Ordered and Directed to do the following:

 1) File seven (7) certified copies of this Order and Rules with the Administrative Office of the Pennsylvania Courts.

 2) Forward two (2) certified copies of this Order and Rule and a CD-ROM containing the text of the local rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3) Forward one (1) certified copy of this Order and Rules with the Pennsylvania Criminal Procedural Rules Committee.

 4) Forward one (1) copy to the Schuylkill County Law Library for publication in the Schuylkill Legal Record.

 5) Copies shall be kept continuously available for public inspection in the Office of the Schuylkill County Clerk of Courts and the Schuylkill County Law Library.

 It is further Ordered that said rule as it existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.

By the Court

WILLIAM E. BALDWIN, 
President Judge

Rule 571. Arraignment.

 The Court will notify the District Attorney of the dates and times when it will be available for the arraignment of defendants. The District Attorney shall provide the Court and the Public Defender with the defendants' names and docket numbers for the cases to be called for arraignment on a specific date. At the same time, the District Attorney shall serve a copy of the Information on the defendant in accordance with Pa.R.Crim.P. 576(B). The District Attorney shall file the Information within ten (10) days preceding the date of arraignment. The Court will issue to each defendant a Notice of the date and time of arraignment.

 If a defendant who is represented by counsel desires to waive appearance at arraignment, the defendant and the defendant's attorney shall execute and file a waiver of arraignment. The waiver of arraignment can be completed at the preliminary hearing by the defendant and the defendant's attorney executing the form provided for that purpose by the Magisterial District Judge, and said form shall be returned to Court with the transcript of the case. The date of arraignment will begin the running of the time for the exercise of the defendant's pre-trial rights. Presentation by counsel of a waiver of arraignment to the Magisterial District Judge shall constitute an entry of appearance pursuant to Pa.R.Crim.P. 120(A)(3).

 If the defendant does not waive arraignment, the defendant and the defendant's attorney must attend the arraignment at the date and time set forth in the Notice from the Court.

 The Public Defender shall assign an Assistant Public Defender to represent those defendants who are not represented by counsel. Such representation shall be solely for the purpose of arraignment and shall not constitute an entry of appearance.

 If a defendant fails to appear for arraignment and has not waived arraignment, the Court may issue a bench warrant for the defendant.

[Pa.B. Doc. No. 15-856. Filed for public inspection May 8, 2015, 9:00 a.m.]


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