Title 255--LOCAL
COURT RULESCLINTON COUNTY Order Amending Rules of Criminal Procedure; No. 1-08 AD [38 Pa.B. 6143]
[Saturday, November 8, 2008]Order Now, this 15th day of October, 2008, It Is Hereby Ordered that all existing Clinton County Rules of Criminal Procedure be revoked and the following new Rules adopted as set forth hereafter:
Rule 117. Coverage.
Pursuant to Clinton County Administrative Order 1071-07, which was filed August 14, 2007, and published in the Pennsylvania Bulletin, Volume 37, No. 34, on August 25, 2007, the following procedures shall be utilized to ensure Magisterial Judicial District coverage:
1. Normal Business Hours:
a. Normal business hours shall be construed as Monday, Tuesday, Thursday, and Friday from 8:00 a.m. until 5:00 p.m. and Wednesday from 8:00 a.m. until 12:30 p.m. except when a Court holiday has been declared.
b. All Court proceedings normally conducted before a Magisterial District Judge during normal business hours shall be conducted at the established office of the appropriate Magisterial District Judge as determined by the Rules relating to venue. When, during regular business hours, the Magisterial District Judge who has venue over a particular matter is unavailable, any other Magisterial District Judge is hereby temporarily assigned to serve the Magisterial District or in accordance with special Orders issued from time to time by the Court.
2. On Call Magisterial District Judge:
a. The Court Administrator shall establish a rotating schedule assigning a Magisterial District Judge to be on call outside of normal business hours of the Court to perform all duties of an issuing authority as required by the Rules of Criminal or Civil Procedure and the Protection From Abuse Act.
3. Bail, Search and Arrest Warrants, and Protection From Abuse Petitions:
a. The on-call Magisterial District Judge shall be available without unreasonable delay at all times at his or her established office for the purpose of accepting the posting of a defendant's bail. Monetary bail may also be posted outside of regularly scheduled hours at the Clinton County Correctional Facility. The Warden of the Correctional Facility, or his designee, is authorized to accept bail bonds and deposits as provided in Pa.R.Cr.P. 117 by having the defendant sign the bail bond, releasing the defendant, and delivering the bail deposit and/or bail bond and the surety information page to the issuing authority or the Clerk of Courts by the close of the next business day.
b. The on-call Magisterial District Judge shall be available without unreasonable delay at his or her established office for the issuance of search warrants pursuant to Rule 203, arrest warrants pursuant to Rule 513, and Emergency Protection From Abuse Orders. Advanced communication technology may be utilized to submit the warrant application and affidavits and to issue the warrant in accordance with the requirements of the Criminal Rules.
4. Arraignments on Weekdays:
When an individual is placed under arrest and requires arraignment or processing under Rule 441:
a. The individual shall be taken to the Clinton County Correctional Facility for booking.
b. Between the hours of 5:00 p.m. and 11:00 p.m., the on-call Magisterial District Judge shall be available without unreasonable delay at his or her established office or, at the discretion of the Magisterial District Judge, advanced communication technology may be utilized for the arraignment.
c. Between the hours of 11:00 p.m. and 8:00 a.m. the following day, individuals placed under arrest and requiring arraignment shall be temporarily detained at the Clinton County Correctional Facility. The Magisterial District Judge shall be advised at 8:00 a.m. that the individual has been detained. Personnel of the Correctional Facility shall make such individuals available at the video conferencing site by 8:30 a.m., at which time the Magisterial District Judge shall conduct the preliminary arraignment through the use of advanced communication technology. In the event of technological failure, the individual shall be transported by officials of the Correctional Facility or the Sheriff to the office of the Magisterial District Judge.
5. Arraignments on Saturdays, Sundays, and Holidays:
When an individual is placed under arrest and requires arraignment or processing under Rule 441:
a. The individual shall be taken to the Clinton County Correctional Facility for booking and shall thereafter be temporarily detained pending arraignment.
b. Between the hours of 8:00 a.m. and 11:00 p.m., the on-call Magisterial District Judge shall be available without unreasonable delay at his or her established office, or, at the discretion of the Magisterial District Judge, advanced communication technology may be utilized for the arraignment. The on-call Magisterial District Judge shall be contacted by the Correctional Facility staff at 8:00 a.m., 2:00 p.m., and 10:00 p.m. each day and advised if any individual has been temporarily detained. Individuals so detained shall be promptly arraigned through the use of advanced communication technology.
c. Between the hours of 11:00 p.m. and 8:00 a.m. the following day, individuals placed under arrest and requiring arraignment shall be temporarily detained at the Clinton County Correctional Facility. Individuals so detained shall be made available at the video conferencing site by 8:30 a.m. the following morning. In the event of technological failure, the individual shall be transported by officials of the Correctional Facility or the Sheriff to the office of the Magisterial District Judge.
6. Bench Warrants in Court Cases:
a. Any individual executing a court case bench warrant shall proceed in accordance with Rule 150 and shall notify the Court Administrator no later than 8:30 a.m. the next business day that the subject of the warrant is in custody.
b. When the subject of a warrant has been delivered to the Clinton County Correctional Facility or has voluntarily surrendered pursuant to the issuance of a warrant, the Warden of the Clinton County Correctional Facility shall immediately notify the Court Administrator that the subject of the warrant is in custody or, if the warrant has been executed after the close of the business day, no later than 8:30 a.m. on the next business day.
c. Upon Receiving notice that a bench warrant has been executed or that the subject has surrendered, the Court Administrator shall immediately notify the issuing Judge, the issuing Magisterial District Judge, the District Attorney, any counsel of record, and the Public Defender that the subject is in custody. After consultation with the Judge, the Court Administrator shall schedule a hearing as soon as possible but not later than seventy-two (72) hours after the subject has been lodged in the Correctional Facility. The Court Administrator may give oral notice of this hearing, along with written notice, and shall maintain a record of that notice.
7. Summary Offense Arrest Warrants and Bench Warrants:
a. An individual executing an arrest warrant or a bench warrant in a summary offense shall proceed in accordance with Rules 430 and 431 except as set forth hereafter.
b. In the event the warrant is executed between 8:00 a.m. and 11:00 p.m. Saturdays, Sundays, and holidays, the individual executing the warrant shall proceed in accordance with Paragraph 5.b. above.
c. In the event the warrant is executed between the hours of 11:00 p.m. and 8:00 a.m. the following day, the individual executing the warrant shall proceed in accordance with Paragraph 5.c. above.
Rule 202. Approval of Search Warrant Applications by Attorney for the Commonwealth.
The District Attorney of Clinton County having filed a Certification pursuant to Pa.R.Crim.P. 202, no Search Warrant Application shall hereafter be accepted by a Magisterial District Judge unless the Search Warrant Application has the approval of an attorney for the Commonwealth prior to filing.
Rule 301. Procedures for Accelerated Rehabilitative Disposition in Summary Cases before the Minor Judiciary.
Diversion in summary cases shall be in accordance with the local procedures adopted for Adjudication Alternative Programs (A.A.P.), as adopted by this Court on January 23, 2006, by Administrative Order 1-2006, which states:
1. The following types of summary cases shall be eligible for A.A.P. to be supervised by the Magisterial District Judge, pursuant to 42 Pa.C.S.A. § 1520.
a. Retail Theft. 18 Pa.C.S.A. § 3929(a), (b)(1)(i).
b. Purchase, consumption, possession or transportation of intoxicating beverages by one less than 21 years of age. 18 Pa.C.S.A. § 6308.
c. Misrepresentation of age to secure liquor or malt or brewed beverages by one less than 21 years of age. 18 Pa.C.S.A. § 6307.
d. Carrying a false identification card. 18 Pa.C.S.A. § 6310.3.
e. Use of tobacco in schools prohibited. 18 Pa.C.S.A. § 6306.1.
f. Disorderly conduct if defendant is a juvenile. 18 Pa.C.S.A. § 5503.
g. Harassment if defendant is a juvenile. 18 Pa.C.S.A. § 2709(a).
h. Criminal mischief if defendant is a juvenile. 18 Pa.C.S.A. § 3304.
2. Admission shall be requested within ten (10) days of receipt of the citations or summons. Extensions of the application period may be granted by the Magisterial District Judge for good cause. The Magisterial District Judge shall determine eligibility for summary A.A.P. within seventy-two (72) hours of the submission of the application.
3. a. No defendant who has previously been placed in an A.A.P. or A.R.D. program in any court shall be admitted to A.A.P. in a summary matter.
b. A defendant who applies for A.A.P. in a summary matter shall execute the following:
AFFIDAVIT I have not previously been placed in an A.A.P. or A.R.D. program in any court at either the Common pleas Court or Magisterial District Court level. I make this statement subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
______ __________
Date Name
c. Prior to placing a defendant in A.A.P., the Magisterial District Judge shall determine that the defendant has not previously been placed in A.A.P. in a summary matter in this judicial district by contacting the other District Courts within the Judicial District.
4. Costs of supervision and restitution, if any, must be paid in full before admission to the A.A.P. program. These costs include court costs incident to a non-traffic summary offense and any costs incident to the program to which the defendant is referred.
5. The defendant shall be notified in writing of acceptance or rejection from the A.A.P.
a. If accepted, defendant shall appear at a time designated by the Magisterial District Judge for completion of all documentation incident to admission to A.A.P.
b. If rejected, the Magisterial Judge shall notify defendant that he has ten (10) days to enter his plea and the case shall proceed in accord with Chapter 400 of the Pennsylvania Rules of Criminal Procedure.
6. The Magisterial District Judge shall schedule and notify the defendant at time of admission to A.A.P. of a hearing date to determine if all A.A.P. requirements have been met within the prescribed time frame of the specific programs entered into.
7. Requests for continuance of said hearing shall be denied, except in compelling circumstances. No continuance shall be for more than seven (7) days.
8. A defendant accepted into A.A.P. shall be referred to the following programs:
a. Retail theft
b. Alcohol
c. Tobacco in schools
d. Disorderly conduct
e. Criminal mischief
f. Harassment
9. Upon successful completion of all requirements, this defendant's case shall be dismissed and the defendant discharged.
10. If defendant declines A.A.P. or fails to successfully complete the program requirements, the case shall proceed in accord with Chapter 50 of the Pennsylvania Rules of Criminal Procedure.
11. No summary case shall remain ''active'' for purposes for A.A.P. supervision in excess of one (1) year.
12. The following shall be displayed in each Magisterial District office:
NOTICE TO THOSE CHARGED WITH CERTAIN SUMMARY OFFENSES-- Retail Theft,
Underage Alcohol Offenses,
Tobacco on School Property,
Harassment,
Disorderly Conduct,
And Criminal Mischief by a JuvenileYou may be eligible to participate in a program (A.A.P.) which will result in dismissal of the charge against you. The A.A.P. program is available for defendants who have not previously been placed into an A.A.P. or A.R.D. program. You must pay all costs and restitution before admission to the A.A.P. program. You will be required to attend a counseling program. If you successfully complete the program, the charge against you will be dismissed. If you want to apply for the A.A.P. program, notify the Magisterial District Judge immediately.
Rule 302. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas.
Because the District Attorney has not filed a Certification to proceed by local option under Rule 300, no local rule exists.
Rule 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth.
The District Attorney of Clinton County, having filed a Certification pursuant to Pa.R.Crim.P. 507, Criminal Complaints and Arrest Warrant Affidavits charging felonies shall not hereafter be accepted by a Magisterial District Judge unless the Complaint and Affidavit have the approval of an attorney for the Commonwealth prior to filing.
This Order shall take effect thirty (30) days after publication in the Pennsylvania Bulletin.
By the Court
J. MICHAEL WILLIAMSON,
President Judge[Pa.B. Doc. No. 08-2010. Filed for public inspection November 7, 2008, 9:00 a.m.]
