FAYETTE COUNTY Local Rule 117; Criminal Division; No. 1 AD 2011 [41 Pa.B. 1332]
[Saturday, March 12, 2011]Administrative Order And Now, this 23rd day of February 2011, pursuant to Rule 105 of the Pennsylvania Rules of Criminal Procedure, it is hereby ordered that F.C. Crim. Rule 117 is hereby amended and adopted to read as follows,
The Clerk of Courts is directed as follows:
(1) One certified copy of the order and program shall be filed with the Administrative Office of Pennsylvania Courts.
(2) Two certified copies and diskette of the order and program and one copy of the written notification received from the Criminal Rules Committee shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(3) One certified copy shall be sent to the Fayette County Law Library and the Editor of the Fayette Legal Journal.
The adoption of the Administrative Order shall become effective thirty (30) days after publication in the Pennsylvania Bulletin and on the UJS Portal.
By the Court
GERALD R. SOLOMON,
President JudgeF.C. Crim. Rule 117 Coverage: Issuing Warrants: Preliminary Arraignments and Summary Trials: and Setting and Accepting Bail.
(A) All Magisterial District Judge Offices shall be open for regular business on Mondays through Fridays from 8:00 AM to 4:30 PM except on those dates established as court holidays. If a magisterial district judge is absent from his/her office during normal business hours, he/she shall arrange for coverage by another district judge of the fourteenth judicial district.
(B) After hours coverage shall be provided by a magisterial district judge, assigned on a rotational schedule, who shall have county-wide jurisdiction and who shall comply with the on-call schedule of the Fayette County Booking Center in providing services as set forth in Pa.R.Crim.P. No. 117(A)(2)(a), (b), (c), and (d).
(C) The On-call Magisterial District Judge shall be available for continuous coverage for the issuance of search warrants pursuant to Pa.R.Crim.P. No. 203, arrest warrants pursuant to Pa.R.Crim.P. No. 513, and emergency orders under the Protection from Abuse Act.
(D) At the discretion of the on-call magisterial district judge, court may be held after hours by advanced communication technology from the office of the magisterial district judge, or the residence of the Magisterial District Judge, or the Magisterial District Judge may report to the Fayette County Booking Center to hold court.
(E) In the event a magisterial district judge is needed after normal business hours for the issuance of a search or arrest warrant, protection from abuse petition, or other emergency matter, the ''on call'' magisterial district judge shall be notified by the Fayette County Booking Center.
(F) Magisterial District Judges, the Clerk of Courts and the Warden of the Fayette County Prison or his designee, are authorized to accept bail in accordance with the provisions, and subject to the limitations, of the Pennsylvania Rules of Criminal Procedure.
(G) Magisterial District Judges shall be available during normal business hours for all other business.
Adopted June 22, 2006, effective August 1, 2006, Amended February 23, 2011, effective 30 days after publication in the Pennsylvania Bulletin.
[Pa.B. Doc. No. 11-414. Filed for public inspection March 11, 2011, 9:00 a.m.]
