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PA Bulletin, Doc. No. 09-2236



In the Matter of: Setting Various Fees and Compensation for Court Officers and Other Individuals; No: 2009-MI-000170-55; Doc. No. CP-67-AD-0000029-2009

[39 Pa.B. 6870]
[Saturday, December 5, 2009]

Administrative Order Setting Fees and Compensation for Court Officers and Other Individuals

And Now, this 18th day of November, 2009, the Court hereby establishes fees for various matters and compensation for the following officers and personnel of the Court. The fees and compensation established by this Order shall become effective January 1, 2010, and shall apply to all proceedings pending on that date, unless otherwise specified in this Order. The fees and compensation shall remain in effect until further order of court.

Juvenile Court Masters:

 Compensation for Juvenile Court Masters is established at the rate of $75.00 per hour of time spent in the performance of their duties. Compensation for Juvenile Masters shall be paid from account No. 5200339.

Criminal Matters:

 1. The Clerk of Courts is directed to assess a central booking fund fee in the amount of $300 pursuant to 42 Pa.C.S. § 1725.5, against any person who is processed in the Central Booking facility at the York County Judicial Center, if the person is placed on probation without verdict pursuant to Section 17 of The Controlled Substance, Drug, Device and Cosmetic Act, or receives Accelerated Rehabilitative Disposition for, pleads guilty to or nolo contendere to or is convicted of any offense referred to in 42 Pa.C.S. § 1725.5. The fee shall be assessed as a cost associated with prosecution and when collected, shall then be disbursed as provided in the County's Central Booking Center Plan.

 2. Magisterial District Judges may assess a miscellaneous issuance fee (C-17 cost) in the amount of $15.50, or such other amount as may be approved by the Supreme Court from time to time, pursuant to 42 Pa.C.S. § 1725.1(c)(5), in the following circumstances:

 (a) When, pursuant to Pa.R.Crim.P. 409(C)(5), 414(C)(5), 424(C)(5), 454(F)(1) and 456(C)(3)(a), an installment payment plan which is in excess of thirty (30) days in duration is issued;

 (b) When an installment payment plan issued as previously listed, is re-negotiated and reissued;

 (c) When an arrest warrant is issued, provided the defendant has a history of failing to respond, which history is documented in the case file;

 (d) When a bench warrant is issued;

 (e) In the case of payment plans, the fee shall only be imposed in one case if the payment plan involves payments in multiple cases;

 (f) A Magisterial District Judge shall have the discretion to waive imposition of these fees on good cause shown;

 (g) The Treasurer of York County is requested to established a separate account or method of accounting for receipt of the ''C-17'' costs collected pursuant to this Order.

 3. A fee, pursuant to Pa.R.Crim.P. 316(A), shall be imposed upon any individual admitted to the ARD program, as follows:

Non-DUI cases: $300.00
DUI cases (including Victim Impact Panel Fee) $350.00

 4. The community service wage equivalent for adults doing community service work shall be: $8.00

Civil Matters:

 1. Costs of appealing an award of arbitrators shall be imposed as follows, and shall take effect for all arbitrations heard by the new arbitration panels during and after April, 2010:

Less than
$10,000 in controversy:
$10,000 to and including
$25,000 in controversy:
Greater than
$25,000 in controversy:

 2. Attorneys sitting on an arbitration panel pursuant to YCCiv. 1301 et seq. shall be compensated at the rate of $1,000.00 per week. The chairperson of a panel of arbitrators shall be compensated at the rate of $1,500.00 per week. These rates of compensation shall be effective for all arbitrators serving on the new arbitration panels during and after April, 2010.

 3. Members of Boards of View appointed pursuant to 42 Pa.C.S.A. §§ 2141—2144, shall be compensated at the following rates for time spent in the performance of their duties: $75 per hour of time spent by the chairperson of a Board of View; $65 per hour of time spent by other members of the Board of View

Mental Health Review Officers:

 Compensation for Mental Health Review Officers is established at the rate of $75.00 per hour of time spent in the performance of their duties.

Custody Conciliators:

 Compensation for Custody Conciliators is established at the rate of $140.00 per case, and shall be payable pursuant to the procedure set forth in the local rules of civil procedure.

Custody Mediators:

 Compensation for custody mediators is established at the rate of $125.00 per principal participant for an initial session with the mediator. Rates for subsequent sessions are payable as all participants and the mediator may agree.

Family Law Mediators:

 Compensation for family law mediators is established at the rate of $150.00 for an initial session with the mediator. Rates for subsequent sessions are payable as all participants and the mediator may agree.

Court Interpreter Services:

 In any matter in which the Court Administrator is requested, pursuant to YCJA 4800, to provide the services of a Spanish speaking interpreter, payment for which is not provided by the County of York pursuant to law or rule of Court, fees for such services shall be charged to the party requesting the service at the rate of $100 for the first hour of service and $50 per hour or portion thereof for each subsequent hour of service. A deposit of $100 shall be made to the County of York at least one week prior to the date for which services are requested.

It Is Ordered that the District Court Administrator of York County, Pennsylvania, shall:

 (a) Cause a copy hereof to be published one (1) time in the York Legal Record at the expense of the County of York;

 (b) File seven (7) certified copies thereof with the Administrative Office of Pennsylvania Courts;

 (c) Distribute two (2) certified copies and a diskette hereof to the Legislative Reference Bureau for Publication in the Pennsylvania Bulletin;

 (d) File one (1) certified copy and transmit one copy by electronic mail to the Civil Procedural Rules Committee, the Criminal Procedural Rules Committee, and the Domestic Relations Rules Committee of the Supreme Court of Pennsylvania.

 (e) Distribute one (1) certified copy to the Prothonotary of York County, and to the Clerk of Courts of York County, to be kept continuously available for public inspection and for copying. Upon request and payment of reasonable fees for reproduction and mailing, the Prothonotary or Clerk shall furnish to any person a copy.

 (f) Supervise the distribution thereof to all Judges, Magisterial District Judges, and all members of the Bar of this Court.

It Is Further Ordered that copies of this Order shall be sent, electronically, if possible, to the individuals holding the various positions named in this Order, to the Adult and Juvenile Probation Departments, to the District Attorney and Public Defender of York County, to the Chief Clerk of the County of York, to the Treasurer of the County of York, and to the Controller of the County of York.

By the Court

President Judge

[Pa.B. Doc. No. 09-2236. Filed for public inspection December 4, 2009, 9:00 a.m.]

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