THE COURTS
LANCASTER COUNTY
In Re: Adoption of New Local Rule of Criminal Procedure 117, and Rescinding Existing Local Rule of Criminal Procedure 117 and Local Rule 5 of Lancaster County Rules for Magisterial District Judges; CPJ. No. 7, Page 1357; No. 17 AD 2009
[39 Pa.B. 6334]
[Saturday, October 31, 2009]
Administrative Order And Now, this 13th day of October, 2009, it is hereby Ordered that existing Lancaster County Rule of Criminal Procedure 117 and Lancaster County Rule 5 for Magisterial District Judges are rescinded and new Lancaster County Rule of Criminal Procedure 117 is adopted as follows:
The Court Administrator is directed to:
1. File one (1) certified copy of this Order and Rule with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified paper copies and one (1) diskette or CD-ROM containing this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Publish a copy of this Order and Rule on the Unified Judicial System's web site at http:/ujsportal.pacourts.us/localrules/ruleselection.aspx.
4. Keep continuously available for public inspection copies of the Order and Rule in the Prothonotary and Clerk of Courts Office.
This order shall become effective January 5, 2010.
By the Court
LOUIS J. FARINA,
President JudgeRule 117. Magisterial District Court Coverage: Hours and Availability; System; and Duties.
I. Coverage Hours and Availability
A. Judicial Coverage During Regular Business Hours
(1) Magisterial District Court Offices within the Second Judicial District shall be open for regular business Monday through Friday, excluding County Holidays, during such hours as are established by the President Judge, and as may be modified with the approval of the President Judge to meet the needs of the public and the Court. The coverage required under Rule 117 and as set forth in this Order shall be provided by the Magisterial District Judge with jurisdiction over the matter during regular business hours, if available.
(2) When a Magisterial District Judge who has jurisdiction over a particular matter is unavailable during regular business hours, coverage shall be provided by other Magisterial District Judges in the 2nd Judicial District in accordance with a Business Hours Assignment schedule approved by the President Judge and amended from time to time as necessary.
B. Judicial Coverage During Non-Business Hours (Duty Court Hours)
During those hours when the Magisterial District Courts are not normally open for business (Duty Court Hours), the coverage required under Rule 117 and as set forth in this rule shall be provided by Magisterial District Judges in accordance with a Duty Court Assignment schedule approved by the President Judge and amended from time to time as necessary.
C. Availability of Duty Court Judge
During Duty Court Hours, the Duty Court Judge shall be available at or about 7 A.M and 8 P.M. each day, either in person at the Lancaster City Public Safety Building or by video conference from his or her court office, to perform any pending judicial duties. In addition to these two designated times, the Duty Court Judge shall be available at any time during Duty Court Hours to perform those duties requiring continuous coverage as set forth below in Section III. A. of this local rule.
II. Coverage System During Duty Court Hours
Regional Booking/Centralized Arraignment System
(1) Live Scan/CPIN Booking: A Countywide Regional Booking and Centralized Arraignment system is hereby implemented in Lancaster County to be in effect during Duty Court Hours. All criminal Defendants apprehended during Duty Court Hours are required to be processed and booked through Live Scan and CPIN equipment at a Lancaster County Police Department possessing this technology, and which Police Department has been approved and designated as a Regional Booking Center in accordance with the Lancaster County Countywide Booking Center Plan.
(2) Regional Booking Center Fee: The Lancaster Countywide Regional Booking Center Plan having been approved by PCCD, a Regional Booking Center fund fee of three hundred dollars ($300) is imposed on any Defendant processed and booked through a Lancaster County Regional Booking Center at any time if the person:
(a) Is placed on probation without verdict pursuant to Section 17 of the Act of April 14, 1972 (P. L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(b) Received Accelerated Rehabilitative Disposition for, pleads guilty or nolo contendere to, or is convicted of, a crime under the following:
(i) 18 Pa.C.S. § 106(a) (relating to classes of offenses).
(ii) 75 Pa.C.S. § 3735 (relating to homicide by vehicle while driving under influence).
(iii) 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance).
(iv) A violation of The Controlled Substance, Drug, Device and Cosmetic Act.
(3) Centralized Arraignment: After being processed and booked at a Lancaster County Regional Booking Center during Duty Court Hours, Defendants are required to be either:
(a) Transported by the arresting police department to the Lancaster City Public Safety Building to be held there for detention until preliminary arraignment is conducted by the assigned Duty Court Magisterial District Judge, either in person or by video conference, or,
(b) Held by the arresting police department at a location designated by the Court as an approved Advanced Communication Technology Site for the purpose of video conferencing until preliminary arraignment is conducted by the assigned Duty Court Magisterial District Judge by video conference.
III. Required Coverage Duties
A. Search Warrants and Arrest Warrants; Protection From Abuse Petitions, and Acceptance of Bail
Magisterial District Judges with jurisdiction during regular business hours and the Duty Court Judge during Duty Court hours shall be available to provide continuous coverage for the issuance of search warrants pursuant to Pa.R.Crim.P. 203, arrest warrants pursuant to Pa.R.Crim.P. 513, requests to accept bail pursuant to Pa.R.Crim.P. 520(B), and requests for emergency relief under the Protection From Abuse Act.
B. Preliminary Arraignments, Accepting Criminal Complaints and Setting Bail
Magisterial District Judges with jurisdiction during regular business hours and the Duty Court Judge during Duty Court Hours shall be available without unnecessary delay to conduct preliminary arraignments pursuant to Rule 516, to set bail pursuant to Rule 517(A), and to accept criminal complaints and conduct preliminary arraignments pursuant to Rule 519(A)(1).
C. Summary Offense Arrest Warrants and Arrests Without a Warrant
Magisterial District Judges with jurisdiction during regular business hours and the Duty Court Judge during Duty Court Hours shall be available without unnecessary delay for the purpose of providing the services set forth in Pa.R.Crim.P. 117(A)(2)(a) requiring conducting summary trials or setting collateral in summary cases under Rule 431(B)(3) and Rule 441(C).
D. Summary Offense Bench Warrants
If a summary Bench Warrant is executed during regular business hours, the Magisterial District Judge with jurisdiction shall be available without unnecessary delay to conduct a bench warrant hearing. If a Bench Warrant is executed during Duty Court Hours, the Duty Court Judge may conduct a bench warrant hearing.
IV. Acceptance of Bail
Magisterial District Judges, the Clerk of Court or his designees, and the Warden of the Lancaster County Prison or his designees, shall be authorized to accept bail in accordance with the provisions of the Pennsylvania Rules of Criminal Procedure.
[Pa.B. Doc. No. 09-2027. Filed for public inspection October 30, 2009, 9:00 a.m.]
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