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PA Bulletin, Doc. No. 06-1061



Promulgation of Local Rules; No. 2006-CV-1216-AO

[36 Pa.B. 2969]
[Saturday, June 17, 2006]


   And Now, this 1st day of June, 2006, Dauphin County Local Rule of Criminal Procedure 150 is promulgated as follows:

Rule 150:  Bench Warrants

   1.  When an individual is committed to Dauphin County Prison pursuant to a bench warrant, s/he shall be detained pending a bench warrant hearing. The Warden or his designee shall notify the Dauphin County Court Administrator, District Attorney, Public Defender, Sheriff, and Dauphin County Pretrial Services within 12 hours of the fact of such commitment.

   2.  (a) Bench Warrant Court shall be convened at 8:00 A.M. on Monday (Tuesday when Monday is a holiday) and Thursday at the Video Conference Room of the Dauphin County Court House for purpose of conducting a hearing on all bench warrant commitments pending at Dauphin County Prison. The scope of the hearing may include a determination as to whether the bench warrant is still valid, whether the appropriate person has been detained, the reasons why the person failed to appear, and the setting of bail when appropriate.

   (b)  The motions judge shall preside at Bench Warrant Court.

   (c)  The District Attorney and Public Defender shall each assign an attorney for the hearing. The participation of a Public Defender at this hearing shall not be construed as an entry of appearance on behalf of the defendant.

   (d)  Dauphin County Prison shall arrange to have the committed prisoner available for video conference at the appointed hour.

   (e)  A court reporter shall be assigned to each hearing.

   (f)  Where a person has been committed at an out-of-county facility, the Court Administrator may make arrangements for the video-conference connection with that facility.

   Comment:  The provisions of this rule do not apply to DRO bench warrants.

   This rule shall be effective for individuals detained on or after July 10, 2006.

By the Court

President Judge

[Pa.B. Doc. No. 06-1061. Filed for public inspection June 16, 2006, 9:00 a.m.]

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