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PA Bulletin, Doc. No. 12-224



Consolidated Rules of Court; No. 11 Misc. 2012

[42 Pa.B. 766]
[Saturday, February 11, 2012]

Adopting Order

Now, this 20th day of January, 2012, it is hereby Ordered:

 1. The following designated Somerset County Rule of Criminal Procedure 117 (Som. R. Crim. P. 117) Continuous Coverage for Issuance of Warrants, Preliminary Arraignments; and Setting and Accepting Bail., a copy of which follows, is hereby adopted as a Rule of this Court, effective thirty (30) days after publication in the Pennsylvania Bulletin and after publishing a copy of the local rule on the Unified Judicial System's website.

 2. The Somerset County Court Administrator is directed to:

 A. File seven (7) certified copies of this Order and the Local Rule with the Administrative Office of Pennsylvania Courts.

 B. File two (2) certified copies of this Order and Local Rule, along with a diskette or CD, to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 C. File one (1) certified copy of this Order and Local Rule with the Pennsylvania Criminal Procedural Rules Committee.

 D. File proof of compliance with this Order in the docket for this Rule, which shall include a copy of each transmittal letter, keep continuously available for public inspection, copies of this Order and Rule in the Office of the Prothonotary of Somerset County, PA.

By the Court

President Judge

Rules of Court

Citation of Rules and District Justice Procedure

Rule 117. Coverage: Issuing Warrants; Preliminary Arraignments; and Setting and Accepting Bail.

 A. Each Magisterial District Court shall be open for regular business Monday through Friday, excluding holidays, during such hours as 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.

 B. Magisterial District Judges shall be available twenty-four hours a day, every day of the calendar year to provide continuous coverage for issuance of arrest warrants and search warrants, setting and acceptance of bail and the issuance of emergency orders under the Protection from Abuse Act.

 This rule shall be satisfied by a Magisterial District Judge remaining on-call during non-business hours on a rotating basis, pursuant to an annual schedule prepared by the District Court Administrator.

 C. Each Magisterial District Court during regular business hours, an on-call Magisterial District Judge while on-call, the Somerset County Jail and the Clerk of Courts during business hours, are all authorized to accept bail in accordance with the provisions and subject to the limitations of the Pennsylvania Rules of Criminal Procedure.

 D. A Magisterial District Judge assigned to on-call duty shall be available for preliminary arraignments in accordance with the following schedule:

 (1) For arrests occurring after the close of regular business hours but before 10:00 p.m., and for arrests occurring on weekends or holidays between 8:00 a.m. and 10:00 p.m. the Magisterial District Judge shall respond to the call and conduct a preliminary arraignment prior to detention at the Somerset County Jail.

 (2) Arrests occurring after 10:00 p.m. but before 8:00 a.m. shall be subject to the following rules:

 a. For arrests requiring preliminary arraignment pursuant to Pennsylvania Rule of Criminal Procedure 519, the arresting agency, including the state police, municipal police, sheriff or constable is authorized to detain the prisoner at the Somerset County Jail until 8:30 a.m. the following morning. For Defendants so detained, the on duty Magisterial District Judge shall appear in person or by advanced communication technology at the Somerset County Jail at 8:30 a.m. to preside at the Preliminary Arraignment;

 b. Prior to detaining a prisoner at the Somerset County Jail under this Rule, the arresting agency shall contact the facility to ascertain that adequate detention facilities are available for temporary detention in accordance with this Rule. If no detention facilities are available at the facility, then the arresting agency shall notify the Magisterial District Judge of that fact and a preliminary arraignment shall be required prior to detention or commitment to the Jail.

 c. The arresting agency detaining the Defendant shall provide to the Magisterial District Judge the original and copies of the Criminal Complaint with Probable Cause Affidavit attached, a copy of the Defendant's criminal record, and any recommendation regarding bail for the Defendant, by depositing the same at the Somerset County Jail and faxing copies to the Magisterial District Court Office.

 d. The arresting officer or officers need not appear at the Preliminary Arraignment provided the documents identified in paragraph 4(d) are provided. In the alternative, the arresting officer may appear at the Preliminary Arraignment in lieu of prior submission of the criminal record or bail recommendation forms. However, no person shall be detained under this rule without the completion and submission of a completed criminal Complaint and Affidavit of Probable Cause which shall be delivered to the Somerset County Jail for use by the Magisterial District Judge.

 e. The provisions of this Rule allowing for temporary detention of prisoners shall not apply to the performance of any other duties on the on-duty Magisterial District Judge during the hours of 10:00 p.m. to 8:00 a.m.

 (3) The Somerset County Jail is directed to identify a detention area for prisoners so detained in accordance with the Standard Operating Procedures of the Somerset County Jail for temporary detention of individuals at the Jail.

 (4) The Somerset County Jail is directed to make available to the on-duty Magisterial District Judge appropriate space or advanced communication technology availability between the hours of 8:30 a.m. and 9:00 a.m. to perform the Preliminary Arraignment at the Facility.

 (5) Upon completion of the Preliminary Arraignment, the detention authorized by this Rule shall terminate and the person detained shall be processed in accordance with the Orders of the Magisterial District Judge at the Preliminary Arraignment or, if no Preliminary Arraignment has been done, the person shall be released from detention and the arresting agency shall arrange for the Preliminary Arraignment of the person otherwise in accordance with the Rules of Criminal Procedure.

 (6) If the Preliminary Arraignment is done by advanced communication technology, upon completion of the Preliminary Arraignment, copies of all commitment orders, bail orders, etc. shall be faxed from the Magisterial District Judge to the Jail, and the originals mailed to the facility on the next regular business day. If the Preliminary Arraignment is done at the Jail, original documents shall be provided to the Jail at the time of the Preliminary Arraignment.

[Pa.B. Doc. No. 12-224. Filed for public inspection February 10, 2012, 9:00 a.m.]

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