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PA Bulletin, Doc. No. 22-1686

THE COURTS

Title 255—LOCAL COURT RULES

ADAMS COUNTY

Rule of Judicial Administration 160; Administrative Order Number 16 of 2022

[52 Pa.B. 6842]
[Saturday, November 5, 2022]

Order of Court

 And Now, this 25th day of October, 2022, the Court hereby modifies Rule 160 of the Adams County Rules of Judicial Administration as follows:

160. Termination of Inactive Cases.

 A. Magisterial District Court-Traffic

 1. In this subsection, the rule shall apply only to those summary traffic violations or parking violations in which a warrant has been issued pursuant to Pennsylvania Rule of Criminal Procedure Rule 430(A), Rule 430(B)(1)(a) or Rule 430(B)(2).

 2. On or before the 15th day of November of each year, each Magisterial District Court shall:

 i. Dismiss any summary citation or ticket filed under Title 75 (relating to vehicles) or under local ordinance pertaining to overtime parking which was issued three years prior to November 15th of each respective year.

 ii. Vacate any active warrant in relation to the dismissed summary citation or ticket and promptly remove the warrant from MDJS, CPCMS or any other system or list in which the warrant has been issued.

 iii. Forward notice to the Pennsylvania Department of Transportation that the citation or ticket has been dismissed and request withdrawal of the defendant's license suspension as needed pursuant to Pennsylvania Rule of Criminal Procedure Rule 470.

 3. Each Magisterial District Court shall promptly provide a list of those cases being dismissed to Court Administration.

 B. Magisterial District Court-Non-Traffic

 1. On or before the 15th day of November of each year, each Magisterial District Court shall:

 i. Identify all non-traffic summary cases where no plea has been entered and where there has been no evidence of activity in the three years prior to November 15th of each respective year.

 ii. Compile a list that will indicate the name of the affiant, the name of the defendant, the docket number and the charge(s) associated with the docket number.

 iii. Forward this list to Court Administration.

 2. Upon receipt of the lists, Court Administration shall:

 i. [Submit the lists to the Adams County Legal Journal for publication] Publish the list in a newspaper of general circulation in Adams County for all cases in which the affiant is neither filing as a law enforcement officer nor a tax bureau or taxing authority.

 ii. [Provide a copy of the lists to the District Attorney] For matters where the affiant is filing as a law enforcement officer, provide a copy of the list of those cases to the District Attorney.

 iii. For matters where the affiant is a tax bureau or taxing authority, provide a copy of the list of those cases to the tax bureau or taxing authority.

 3. The publication and lists sent to the District Attorney and tax bureau or taxing authority shall include a disclaimer to indicate that the matters listed shall be terminated after 30 days of publication or date of the lists sent to the District Attorney and tax bureau or taxing authority unless a party to the proceeding requests a hearing from the appropriate Magisterial District Court.

 i. [If the defendant requests a hearing, the matter shall promptly be scheduled for such hearing or other disposition pursuant to the Rules of Criminal Procedure.

 ii.] If the [Commonwealth] affiant requests a hearing to oppose termination, the matter shall promptly be scheduled to determine if termination is appropriate.

 [iii.] ii. Disposition of any hearing, including hearings where a citation or ticket is dismissed over the objection of the [Commonwealth] affiant, shall be filed of record in MDJS.

 [iv.] iii. The [Commonwealth] affiant shall have the right to appeal any determination to the Court of Common Pleas within the time period for Summary Appeals pursuant to the Rules of Criminal Procedure.

 4. In the event a hearing is not requested within 30 days of publication, the Magisterial District Court shall:

 i. Dismiss the summary citation or ticket filed.

 ii. Vacate any active warrant in relation to the dismissed summary citation or ticket and promptly remove the warrant from MDJS, CPCMS or any other system or list in which the warrant has been issued.

 iii. For any matter involving a license suspension, forward notice to the Pennsylvania Department of Transportation that the citation or ticket has been dismissed and request withdrawal of the defendant's license suspension pursuant to Pennsylvania Rule of Criminal Procedure Rule 470.

 The modifications to this rule shall become effective after all the provisions of the Pennsylvania Rules of Judicial Administration 103 are met, to include the following:

 a. Two (2) certified copies of this Order together with a computer diskette that complies with the requirement of 1 Pa. Code § 13.11(b), or other compliant format, containing the text of the local rule(s) adopted hereby shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

 b. One copy of this Order shall be forwarded to the Administrative Office of the Pennsylvania Courts via e-mail to adminrules@pacourts.us;

 c. A copy of the proposed local rule(s) shall be published on the 51st Judicial District website;

 d. This Order shall be filed in the Office of the Prothonotary of Adams County and a copy thereof shall be filed with the Adams County Clerk of Courts and the Adams County Law Library for inspection and copying;

 e. The effective date of the local rule(s) shall be 30 days after publication in the Pennsylvania Bulletin.

 f. For 2022, the District Court Administrator is authorized to publish the lists pursuant to this rule after November 15th as prescribed by Adams County Rule of Judicial Administration 160(B)(1), given that the rule changes described herein will not be in effect until after that date. It is directed that the District Court Administrator proceed to publication as soon as the rule change is effective.

By the Court

MICHAEL A. GEORGE, 
President Judge

[Pa.B. Doc. No. 22-1686. Filed for public inspection November 4, 2022, 9:00 a.m.]


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