CHESTER COUNTY Adoption of New Chester County Rule of Criminal Procedure 117 [36 Pa.B. 4463]
[Saturday, August 12, 2006]Administrative Order No. 3-2006 And Now, this 28th day of July, 2006, pursuant to the requirements of Pa.R.Crim.P. 117, it is ordered that effective August 1, 2006, new Chester County Rule of Criminal Procedure, C.C.R.Crim.P. 117 Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials: and Setting and Accepting Bail, be and the same is hereby adopted in the form as follows.
It Is Further Ordered that seven (7) certified copies of this Order and the attached Rule of Criminal Procedure shall be filed with the Administrative Office of Pennsylvania Courts; that two (2) certified copies and one (1) diskette shall be filed with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; that one (1) certified copy shall be filed with the Criminal Procedural Rules Committee of the Supreme Court of Pennsylvania; and that the original shall be filed with the Clerk of Courts of Chester County.
By the Court
PAULA FRANCISCO OTT,
President JudgeLocal Rule 117 Coverage: Issuing Warrants: Preliminary Arraignments and Summary Trials: and Setting and Accepting Bail.
1. In order to comply with the specific coverage requirements of Pa.R.Crim.P. 117(A)(1), (2) and (3), the following schedule for coverage is adopted:
(a) All Magisterial District Courts shall be open to the public Mondays through Fridays, 8:30 AM to 4:30 PM, excluding official County Holidays.
(b) Magisterial District Judges shall provide after-hours coverage by utilizing the established on-call system that is published by the Minor Judiciary Administrator as follows:
Monday through Friday 8:00 PM to 11:30 PM Saturday 9:00 AM to 11:00 AM
8:00 PM to 11:30 PMSunday and Holidays *7:00 AM to 11:00 AM
8:00 PM to 11:30 PM*Magisterial District Judges have the option on Sunday mornings of two consecutive hours between these times to allow flexibility for religious services. (c) During times other than those listed in Subsections (a.) and (b.) above, the designated on-call Magisterial District Judge shall be in contact with the police radio room by pager or by leaving a telephone number where he/she may be reached at all hours. The President Judge shall establish the schedule of assignment of Magisterial District Judges to on-call duty.
2. Bail Before Verdict
(a) In compliance with Pa.R.Crim.P. 520(B), which permits a defendant to be admitted to bail on any day and at any time:
(i) During regular business hours, listed in Paragraph 1(a) above, bail shall be posted at the issuing Magisterial District Judge's office or at the Clerk of Courts.
(ii) During on-call hours, listed in Paragraph 1(b) above, bail shall be posted at the on-call Magisterial District Judge's office.
(iii) During times other than those listed in Paragraphs 1(a) and (b) above, the Bail Administrator and/or his designated Investigator from the Chester County Bail Agency shall be authorized to accept monetary bail at the Chester County Prison in accordance with the provisions, and subject to the limitations, of Pa.R.Crim.P 117(C) and Pa.R.Crim.P. 520. The Bail Administrator or his designee shall be permitted to perform the following: accept the bail deposit, have the defendant sign the bail bond, release the defendant and deliver the bail deposit and bail bond to the issuing authority or the Clerk of Courts on the next business day.
COMMENT: This Rule incorporates and replaces District Court Regulation No. 175-2005.
Rule Effective August 1, 2006
[Pa.B. Doc. No. 06-1536. Filed for public inspection August 11, 2006, 9:00 a.m.]
