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PA Bulletin, Doc. No. 07-117



Adoption of Local Criminal Rule 39-117; Misc. Doc. CP-28-AD-1-2007

[37 Pa.B. 400]
[Saturday, January 27, 2007]

Order of Court

   January 9, 2007, local Criminal Action Rule 39-117 is hereby adopted for the Court of Common Pleas of the 39th Judicial District of Pennsylvania, Franklin and Fulton County Branches, to be effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

President Judge

Rule 39-117.  Continuous Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; Setting and Accepting Bail; Emergency Orders Under the Protection From Abuse Act

   A.  In both branches of the 39th Judicial District of Pennsylvania, all Magisterial District Judge offices shall be open for regular business on Mondays through Fridays, excluding holidays, from 8:30 a.m. to 4:30 p.m., prevailing time.

   B.  Magisterial District Judges shall be available twenty-four hours per day, every day of the calendar year, to provide continuous coverage for the issuance of search warrants, arrest warrants, warrants issued in summary cases, for the issuance of emergency orders under the Protection From Abuse Act, and for those services set forth in Pa.R.Crim.P. 117(A)(2)(a), (b), (c) and (d).

   The Magisterial Judges shall satisfy this rule by remaining ''on-call'' during non-regular business hours on a rotating basis pursuant to a schedule prepared by the District Court Administrator and approved by the President Judge. The ''on-call'' schedule for each year shall be filed with the Clerk of Courts and be available for public inspection, as well as distributed and publicized pursuant to the order of the President Judge.

   C.  Magisterial District Judges, the Clerk of Courts and the Warden of the Franklin County Prison, or his designee, shall be authorized to accept bail in accordance with the provisions and subject to the limitations of the Pennsylvania Rules of Criminal Procedure, specifically Pa.R.Crim.P. 535.

[Pa.B. Doc. No. 07-117. Filed for public inspection January 26, 2007, 9:00 a.m.]

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