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PA Bulletin, Doc. No. 15-226

THE COURTS

CARBON COUNTY

Amendment of Local Rule of Judicial Administration 1901—Prompt Disposition of Matters; Termination of Inactive Cases; 15-0149; CP-13-AD-0000003-2015; 15-9033

[45 Pa.B. 677]
[Saturday, February 7, 2015]

Administrative Order No. 6-2015

 And Now, this 23rd day of January, 2015, it is hereby

 Ordered and Decreed that, effective March 1, 2015, Carbon County Amends Local Rule of Judicial Administration 1901 governing the prompt disposition of matters and termination of inactive cases.

 The Carbon County District Court Administrator is Ordered and Directed to

 1. File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts.

 2. File two (2) certified copies and one (1) computer diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Forward one (1) copy for publication in the Carbon County Law Journal.

 4. Forward one (1) copy to the Carbon County Law Library.

 5. Keep continuously available for public inspection copies of the Administrative Order in the Prothonotary's Office, Clerk of Court Office and Register of Wills/Orphans Court Office.

By the Court

ROGER N. NANOVIC, 
President Judge

Rule 1901. Prompt Disposition of Matters; Termination of Inactive Cases.

 The Prothonotary, Register of Wills/Clerk of Orphans Court, and Clerk of Courts shall prepare and forward to the District Court Administrator a list of all cases in which no steps or proceedings have been taken for two years or more by the 15th day of September for call on the first Monday of December of each year, or, on such other date as the Court by special order may direct. As provided by Pa.R.J.A. 1901(c), notice shall be given to all parties and/or attorneys. If no action is taken or written objection filed and, if no good cause is shown, the Court shall enter an order dismissing the proceedings.

 The Magisterial District Courts shall comply with the following:

 A. Traffic Cases—Summary traffic violations or parking violations whereby a warrant has been issued pursuant to Pa.R.Crim.P. 430(A), Rule 430(B)(1)(a) or Rule 430(B)(2).

 1. On or before the 15th day of November of each year, each Magisterial District Court shall:

 a. Dismiss any summary citation or ticket filed under Title 75 (relating to vehicles) or under local ordinance pertaining to overtime parking which was issued three years prior to November 15th of each respective year.

 b. Vacate any active warrant issued on the dismissed summary citation or ticket and promptly remove the warrant from MDJS database.

 c. Forward notice to the Pennsylvania Department of Transportation that the citation/ticket has been dismissed and request withdrawal of the defendant's license suspension, if applicable, pursuant to Pa.R.Crim.P. 470.

 2. Each Magisterial District Court shall promptly provide a list of those cases being dismissed to the District Court Administrator.

 B. Non-Traffic Cases

 1. On or before the 15th day of November of each year, each Magisterial District Court shall:

 2. Identify all non-traffic summary cases where no plea has been entered and there is no evidence of activity in the three years prior to November 15th of each respective year.

 3. Compile a list for all cases identified in number 2 above and attach a secure docket sheet that indicates the name of the affiant, the name of the defendant, the docket number and the charge(s) associated with the docket number.

 4. Forward this list with attachments to the District Court Administrator.

 C. Upon receipt of the lists, the District Court Administrator shall:

 1. Publish the lists in the Carbon County Law Journal.

 2. Provide a copy of the lists to the Carbon County District Attorney.

 D. The publication shall include a notice that the matters listed shall be terminated after thirty (30) days of publication unless a party to the proceeding requests a hearing from the appropriate Magisterial District Court.

 1. If the defendant requests a hearing, the matter shall promptly be scheduled for such hearing or other disposition pursuant to the Rules of Criminal Procedure.

 2. If the Commonwealth requests a hearing to oppose termination, the matter shall promptly be scheduled to determine if termination is appropriate.

 3. Disposition of any hearing, including hearings where a citation or ticket is dismissed over the objection of the Commonwealth shall be filed of record in the MDJS.

 4. The Commonwealth shall have the right to appeal any determination to the Court of Common Pleas within the time period for Summary Appeals pursuant to the Rules of Criminal Procedure.

 E. In the event a hearing is not requested within thirty (30) days of publication, the Magisterial District Judge shall:

 a. Dismiss any summary citation or ticket filed which was issued three years prior to November 15th of each respective year.

 b. Vacate any active warrant issued for the dismissed summary citation or ticket and promptly remove the warrant from MDJS.

 c. Forward notice to the Pennsylvania Department of Transportation that the citation or ticket has been dismissed and request withdrawal of the defendant's license suspension, if applicable, pursuant to Pa.R.Crim.P. 470.

[Pa.B. Doc. No. 15-226. Filed for public inspection February 6, 2015, 9:00 a.m.]


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