2094 Local rule of criminal procedure 506.1; filing procedure for private criminal complaints alleging indirect criminal contempt arising from violation of PFA order or court-approved consent decree; 1209-12?

Title 255—LOCAL
COURT RULES

CLINTON COUNTY

Local Rule of Criminal Procedure 506.1; Filing Procedure for Private Criminal Complaints Alleging Indirect Criminal Contempt Arising from Violation of PFA Order or Court-Approved Consent Decree; 1209-12

[42 Pa.B. 6758]
[Saturday, October 27, 2012]

Order

 And Now this 15th day of October, 2012, It Is Hereby Ordered that pursuant to the mandate set forth at 23 Pa.C.S. § 6113.1(b), the Procedure in Clinton County, Pennsylvania, for filing and serving a private criminal Complaint, the authority for which is afforded by 23 Pa.C.S. § 6113.1(a) of the Protection from Abuse Act, is hereby prescribed as follows:

 A private criminal Complaint, authored and executed by a plaintiff/affiant, who is identified as the victim, abused party, or protectee named in an active protection Order or Court-approved consent decree under the Protection from Abuse Act or a valid foreign protection Order, shall be completed in its entirety by said plaintiff/affiant and, upon completion, presented to the Office of the District Attorney for approval in a manner consistent with Pa.R.Crim.P. 506 (relating to Approval of Private Complaints, generally). The District Attorney shall deliberate and either approve or disapprove of the Complaint without undue delay. If the District Attorney approves the Complaint, he shall file it with the appropriate issuing authority. If the District Attorney does not approve the Complaint, the District Attorney shall state the reasons on the face of the Complaint form and return it to the plaintiff/affiant. Thereafter, the plaintiff/affiant may petition the Clinton County Court of Common Pleas for review of the District Attorney's decision.

 Pursuant to the terms of 23 Pa.C.S. § 6113.1(b), no fees or costs associated with the prosecution of the private Complaint, filing or service may be assessed against the plaintiff/affiant at any stage of the proceeding, except upon a showing that plaintiff/affiant acted in bad faith. See 23 Pa.C.S. § 6117(b).

 This Rule shall become effective thirty (30) days from the date of its publication in the Pennsylvania Bulletin.

By the Court

J. MICHAEL WILLIAMSON, 
President Judge

[Pa.B. Doc. No. 12-2094. Filed for public inspection October 26, 2012, 9:00 a.m.]