234 Pa. Code Rule 1001. Disposition of Criminal Cases

234 Pa. Code Rule 1001. Disposition of Criminal Cases—Philadelphia Municipal Court.

Rule 1001. Disposition of Criminal Cases—Philadelphia Municipal Court.

(A)  A Municipal Court case is any case in which the only offense or offenses charged are misdemeanors under the Crimes Code or other statutory criminal offenses for which no prison term may be imposed or which is punishable by a term of imprisonment of not more than 5 years, including any offense under the Vehicle Code other than a summary offense.
(B)  When one or more such offenses are charged in a single complaint or series of complaints against one defendant, all shall be joined in the same Municipal Court case, regardless of the length of the cumulative sentence which could be imposed on all charges.
(C)  A Municipal Court case may be transferred from the Municipal Court to the Court of Common Pleas by order of the President Judge of the Court of Common Pleas, or the President Judge’s designee, upon the President Judge’s approval of:
   (1)  a certification by defense counsel that trial in the Municipal Court will unduly delay defendant’s access to a trial by jury; or
   (2)  a certification by both defense counsel and the attorney for the Commonwealth that the trial of the case will be so time consuming as to unduly disrupt the business of the Municipal Court.
(D)  The attorney for the Commonwealth may file with the Municipal Court Clerk of Courts a written certification to exercise the Commonwealth’s right to a jury trial in a Municipal Court case. The attorney for the Commonwealth shall serve a copy of the certification on counsel for the defendant, or the defendant if unrepresented, and on the President Judge of Municipal Court. Upon receipt of the certification, the President Judge promptly shall schedule a preliminary hearing, and the case shall be conducted as provided in Rules 541, 542, 543 and 1003(E). When a case is held for court, the case shall remain in the Common Pleas Court through final disposition.

Comment

   This rule, which defines ‘‘Municipal Court case,’’ is intended to ensure that the Municipal Court will take dispositive action, including trial and verdict when appropriate, in any criminal case that does not involve a felony, excluding summary cases under the Vehicle Code. The latter are under the jurisdiction of the Municipal Court Traffic Division, the successor of the Philadelphia Traffic Court, see Act 17 of 2013, P. L. 55, No. 17 (June 19, 2013) and 42 Pa.C.S. § §  102, 325, 1121, 1127, 1302, 1321.
   Paragraph (D) was added in 2007 in accord with the 1998 amendment to article I, §  6 of the Pennsylvania Constitution that provides that ‘‘the Commonwealth shall have the same right to trial by jury as does the accused.’’ See Commonwealth v. Hargraves, 883 A.2d 616 (Pa. Super. 2005), allocatur denied, 587 Pa. 711, 898 A.2d 1069 (2006). The filing and service requirement in paragraph (D) must be accomplished as provided in Rule 576. Once a case is bound over to Common Pleas Court, the trial judge may not remand the case to the Municipal Court for any reason, even if the right to jury trial is waived.

   Official Note
   Present Rule 6001 adopted March 28, 1973, effective March 28, 1973, replacing prior Rule 6001; amended June 28, 1974, effective July 1, 1974; paragraph (C) added February 10, 1975, effective immediately; title amended July 1, 1980, effective August 1, 1980; Comment revised January 28, 1983, effective July 1, 1983; amended June 19, 1996, effective July 1, 1996; amended August 28, 1998, effective immediately; renumbered Rule 1001 and Comment revised March 1, 2000, effective April 1, 2001; amended August 24, 2004, effective August 1, 2005; amended January 5, 2007, effective March 6, 2007; amended January 27, 2011, effective in 30 days; Comment revised May 7, 2014, effective immediately.
   Committee Explanatory Reports:
   Final Report explaining the June 19, 1996 amendments published with the Court’s Order at 26 Pa.B. 3128 (July 6, 1996).
   Final Report explaining the August 28, 1998 amendments published with the Court’s Order at 28 Pa.B. 4627 (September 12, 1998).
   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).
   Final Report explaining the August 24, 2004 amendments clarifying the definition of ‘‘Municipal Court Case’’ published with the Court’s Order at 34 Pa.B. 5025 (September 11, 2004).
   Final Report explaining the January 5, 2007 amendments adding paragraph (D) concerning the Commonwealth’s right to a jury trial in a Municipal Court case published with the Court’s Order at 37 Pa.B. 313 (January 20, 2007).
   Final Report explaining the May 7, 2014 Comment concerning revision the transfer of functions from the Philadelphia Traffic Court to the Philadelphia Municipal Court published with the Court’s Order at 44 Pa.B. 3065 (May 24, 2014).

Source

   The provisions of this Rule 1001 amended August 24, 2004, effective August 1, 2005, 34 Pa.B. 5016; amended January 5, 2007, effective March 6, 2007, 37 Pa.B. 312; amended January 27, 2011, effective in 30 days, 41 Pa.B. 834; amended May 7, 2014, effective immediately, 44 Pa.B. 3056. Immediately preceeding text appears at serial pages (358900) and (356095) to (356096).

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