Adoption of Local Rule; AD 14-2016
[46 Pa.B. 3643]
[Saturday, July 9, 2016]
Order Pursuant to Pa.R.J.A. No. 103(c), 42 Pa.C.S.A.
And Now, this 13th day of June, 2016, it is Ordered that the following Local Rule of Judicial Administration No. 1907.2, of the Court of Common Pleas of the 2nd Judicial District of Pennsylvania, Lancaster County, be adopted as indicated, to be effective thirty (30) days after the publication in the Pennsylvania Bulletin.
It is further Ordered that the District Court Administrator shall:
1. File one certified copy of the rule with the Administrative Office of the Pennsylvania Courts (AOPC).
2. Distribute two certified paper copies of the rule and a copy of the rule on a computer diskette or CD-ROM that complies with the requirements of 1 Pa. Code § 13.11(b) to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Keep such local rule continuously available for public inspection and copying in the office of the Prothonotary and Clerk of Courts. Upon request and payment of reasonable costs and reproduction and mailing, the Prothonotary and Clerk of Courts shall furnish to any person a copy of any rule.
4. Arrange to have the local rule published on the Lancaster County Court website at http://www.court.co.lancaster.pa.us/135/Local-Rules-of-Court.
By the Court
HONORABLE DENNIS E. REINAKER,
Rule 1907.2. Constables—Service of Warrants.
1. All bench warrants and warrants of arrest shall be processed through a centralized warrant control located and operated by the Lancaster County Sheriff's Office as follows:
a. All Criminal Warrants shall be issued to the Police Department of origin with a copy of the warrant being sent to the Sheriff's Office.
b. Any warrant issued in a Summary Case shall be issued to the Sheriff's Office.
c. Any warrant not previously issued to the Sheriff's Office shall be provided immediately to the Lancaster County Sheriff's Office upon request.
2. The Lancaster County Sheriff's Office has exclusive authority to forward for service a copy of any bench warrant or warrant of arrest to any Constable.
3. The Constable shall be in possession of the hard copy of the warrant to initiate contact with the subject of the warrant.
4. The Lancaster County Sheriff's Office shall be designated as the sole authority to approve payments to any Constable for any warrant served.
5. If a Constable contacts any Magisterial District Court or appears in any Magisterial District Court with a defendant in custody, without a warrant ''in hand'' and who has not been authorized by the Sheriff's Office to serve warrants, the Lancaster County Sheriff's Office must be contacted immediately.
6. In the event that a defendant has been arrested on more than one warrant issued by different Magisterial District Judges, the Constable may take the defendant before any Magisterial District Judge who issued a warrant. That Magisterial District Judge is authorized to conduct a hearing on all of the warrants on which the defendant was arrested. The Constable shall first contact the Magisterial District Court with the most issued warrants to process all the warrants for the defendant. If that Magisterial District Judge cannot process the warrants within one hour from the time he/she was contacted, the Constable shall contact the Magisterial District Judge with the next most issued warrants for the defendant. In the event that no Magisterial District Judge who issued a warrant is available, the on call duty Magisterial District Judge for the sector of the Magisterial District Judge with the most issued warrants shall process all outstanding warrants against the defendant.
[Pa.B. Doc. No. 16-1164. Filed for public inspection July 8, 2016, 9:00 a.m.]
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