LUZERNE COUNTY Order Promulgating New Rule of Criminal Procedure 150; No. 1 MD/06 [36 Pa.B. 4000]
[Saturday, July 29, 2006]Order Now, this 1st day of June, 2006, It Is hereby Ordered that new Luzerne County Rule of Criminal Procedure 150 is hereby promulgated in the following form.
It Is Further Ordered that the District Court Administrator shall file seven (7) certified copies of this Order and the attached Rule with the Administrative Office of Pennsylvania Courts, two (2) copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Civil Procedural Rules Committee, one (1) certified copy to the Criminal Procedural Rules Committee, once (1) certified copy to the Judicial Council of Pennsylvania Statewide Rules Committee, and one (1) copy to the Luzerne Legal Register for publication in the next issue.
It Is Further Ordered that the effective date of this order shall be thirty (30) days after the date of publication in the Pennsylvania Bulletin.
It Is Further Ordered that this local rule shall be kept continuously available for public inspection and copying in the Prothonotary's Office and the Clerk of Court's Office.
By the Court
MICHAEL T. CONAHAN,
President JudgeL.R.CRIM.P. 150 Bench Warrants
(1) The person executing a bench warrant shall deliver the subject of the warrant to the warden of the Luzerne County Prison. The person executing a bench warrant shall immediately notify the Court Administrator that the subject of the warrant is in custody. In the event, the subject of the warrant is lodged at the Luzerne County Prison after the close of the business day, the person executing the bench warrant shall notify the Court Administrator as required by this paragraph at the opening of the next business day.
(2) In addition, when the subject of the warrant has been delivered to the warden of Luzerne County, the warden shall immediately notify the Court Administrator that the subject of the warrant is in custody. In the event, the subject of the warrant is lodged at the Luzerne County Prison after the close of the business day, the warden shall notify the Court Administrator as required by this paragraph at the opening of the next business day.
(3) If the subject voluntarily surrenders, the Court Administrator must be immediately informed by the agency to which the subject has surrendered. In the event the subject of the warrant surrenders after the close of the business day, the agency shall notify the Court Administrator as required by this paragraph at the opening of the next business day.
(4) 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 district attorney, any counsel of record and the public defender that the subject is in custody. In the event the issuing judge is unavailable, notice shall be given to a judge of this Court assigned criminal cases who is available. After consultation with the judge, the Court Administrator shall schedule a hearing to be held as soon as possible, but not later than 72 hours after the subject has been lodged at the Luzerne County jail. The Court Administrator may give oral notice of this hearing, along with written notice, and shall maintain a record of that notice.
[Pa.B. Doc. No. 06-1442. Filed for public inspection July 28, 2006, 9:00 a.m.]
