Administrative Order Adopting Rule of Criminal Procedure 117; No. 98-8009 Prothonotary
[36 Pa.B. 4714]
[Saturday, August 26, 2006]
And Now, this 4th day of August, 2006, pursuant to Pa.R.Crim.P. 117, it is hereby Ordered that the Berks County Court of Common Pleas adopts Berks County Rule of Criminal Procedure 117--Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail. It is further Ordered that B.R.Crim.P. 117 shall become effective 30 days after publication in the Pennsylvania Bulletin.
The District Court Administrator of Berks County is Ordered and Directed to provide copies to the appropriate entities pursuant to Pa.R.Crim.P. 105:
1. File seven (7) certified copies of this Administrative Order and Rule with the Administrative Office of Pennsylvania Courts.
2. Distribute two (2) certified copies of this Administrative Order and Rule and one (1) computer diskette to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy of this Administrative Order and Rule with the Pennsylvania Criminal Procedural Rules Committee.
4. Forward one (1) copy for publication in the Berks County Law Journal.
5. Forward one (1) copy to the Berks County Law Library.
6. Keep continuously available for public inspection copies of the Administrative Order and Rule in the Prothonotary's Office.
By the Court
ARTHUR E. GRIM,
BERKS COUNTY RULES OF CRIMINAL PROCEDURE
AVAILABILITY OF ISSUING AUTHORITIES
Rule 117--Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail.
A. All Magisterial District Judge Offices shall be open for business Mondays through Fridays, excluding legal holidays, from 9:00 AM to 5:00 PM except as noted below:
Open Mondays, 10:30 AM to 6:30 PM
Magisterial District 23-1-01
Magisterial District 23-1-04
Magisterial District 23-2-01
Magisterial District 23-3-01
Open Tuesdays, 10:30 AM to 6:30 PM
Magisterial District 23-1-03
Magisterial District 23-2-03
Magisterial District 23-3-02
Magisterial District 23-3-06
Open Wednesdays, 10:30 AM to 6:30 PM
Magisterial District 23-2-02
Magisterial District 23-2-04
Magisterial District 23-3-04
Magisterial District 23-3-05
Magisterial District 23-3-09
Open Thursdays, 10:30 AM to 6:30 PM
Magisterial District 23-1-02
Magisterial District 23-1-05
Magisterial District 23-1-06
Magisterial District 23-3-03
Magisterial District 23-3-07
Magisterial District Judges shall be available during these hours for all court business.
B. Reading Central Court, a centralized preliminary hearing court designated as Magisterial District 23-0-02, shall be open every Friday beginning at 8:30 AM until preliminary hearings are completed, excluding legal holidays, in the Berks County Courthouse.
1. The Magisterial District Judges of Magisterial Districts 23-1-02, 23-1-03, 23-1-04, 23-1-05, 23-2-01 and 23-3-09 shall serve in Reading Central Court on a rotating basis in accordance with the schedule prepared by the Office of Court Administration.
C. The Berks County Central Arraignment Court (BCCAC), an after hours court designated as Magisterial District 23-0-01, shall be open Mondays through Fridays, 7:00 PM to 6:00 AM the following day, each Saturday 9:00 AM to Sunday 6:00 AM, each Sunday 9:00 AM to Monday 6:00 AM, and all legal holidays from 9:00 AM to 6:00 AM the following day.
1. All Magisterial District Judges and/or Senior Magisterial District Judges on temporary assignment in the Twenty-Third Judicial District shall be scheduled in the BCCAC in accordance with the schedule prepared by the Office of Court Administration and approved by the President Judge.
2. A Magisterial District Judge or Senior Magisterial District Judge scheduled in the BCCAC shall be available to provide coverage for emergency petitions brought under the Protection from Abuse Act or the Older Adult Protective Services Act, the issuance of search warrants pursuant to Pa.R.Crim.P. 203 and arrest warrants pursuant to Pa.R.Crim.P. 513, accepting bail, and providing the services required by Pa.R.Crim.P. 117(A)(2)(a), (b), (c), and (d).
D. All Magisterial District Judges shall be scheduled for countywide emergency duty in accordance with an emergency duty schedule prepared by the Office of Court Administration and approved by the President Judge.
1. The Magisterial District Judge on emergency duty shall provide continuous coverage for the issuance of search warrants pursuant to Pa.R.Crim.P. 203 and arrest warrants pursuant to Pa.R.Crim.P. 513 when the Magisterial District Judge Offices and the Berks County Central Arraignment Court are closed.
E. Magisterial District Judges and the Clerk of Courts shall be authorized to accept bail in accordance with the provisions and subject to the limitations of the Pennsylvania Rules of Criminal Procedure.
[Pa.B. Doc. No. 06-1671. Filed for public inspection August 25, 2006, 9:00 a.m.]
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