SOMERSET COUNTY Consolidated Rules of Court; No. 4 Misc. 2015 [45 Pa.B. 678]
[Saturday, February 7, 2015]Adopting Order Now, this 13th day of January, 2015, it is hereby Ordered:
1. Som.R.Crim.P. 0310, which follows, is hereby adopted as Som.R.Crim.P. 0310 and is effective thirty (30) days after publication in the Pennsylvania Bulletin and on the Unified Judicial System Portal.
2. The Somerset County Court Administrator is directed to:
A. File one (1) certified copy of this Order and the following local Rule with the Administrative Office of Pennsylvania Courts.
B. Distribute two (2) certified copies of this Order along with electronic copy to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
C. File one (1) certified copy of this Order with the Pennsylvania Criminal Procedural Rule Committee.
D. File proof of compliance with this Order in the docket for this Order, which shall include a copy of each transmittal letter.
JOHN M. CASCIO,
President JudgeSom.R.Crim.P. 310. Accelerated Rehabilitative Disposition. Motions and Criteria.
A. A separate written motion shall be prepared for each docketed case for which ARD disposition is recommended. After filing in the office of the Clerk of Courts, the motions shall be [presented to the Administrative Judge of the Criminal Division of the court prior to scheduling the case for ARD hearing] scheduled for hearing and disposition according to prevailing practice.
B. Motions for ARD disposition shall contain the following:
1. A [statement of all offenses with which defendant is presently charged in this court; and] copy of the Information; and
[2. A statement of all offenses with which defendant is presently charged in any other jurisdiction which are known; and
3. Written statements of the criminal and motor vehicle records of the accused, if any, and if none, so stating, certified respectively by the appropriate official of the Department of Transportation, and the Clerk of Courts or other public official orauthorized deputy having official custody of defendant's records, provided that in lieu of attaching such written statements to the motion, the same may be retained in the District Attorney's file and furnished to court when requested;]
[4.] 2. Any other facts considered relevant to consideration of the motion.
[C. ARD motions will be reviewed ex parte by the Administrative Judge to determine whether the motion complies with these rules and warrants hearing.
1. If it appears from the face of the motion that the motion complies with these rules and warrants hearing, the Administrative Judge will by endorsement thereon approve the same for scheduling and return it to the Office of the District Attorney for Scheduling.
2. If additional facts are necessary to make the determination, the District Attorney and defense counsel shall furnish a written statement, if requested, containing such additional facts as the court may request.
3. If the Administrative Judge determines that the motion does not comply with these rules and does not warrant hearing, he or she shall disapprove the motion for scheduling unless there are exceptional and compelling reasons set forth in the motion or in supplemental statements provided by the District Attorney and defense counsel.
4. ARD motions disapproved for scheduling shall be so endorsed by the Administrative Judge and returned to the Office of the District Attorney.]
[Pa.B. Doc. No. 15-227. Filed for public inspection February 6, 2015, 9:00 a.m.]
