1675 Adoption of local rule of criminal procedure 117--coverage; issuing warrants; preliminary arraignment and summary trial; setting and accepting bail; and local rule of criminal procedure 150-- bench warrants; no. 90031 of 2006, A.D.

LAWRENCE COUNTY

Adoption of Local Rule of Criminal Procedure 117--Coverage; Issuing Warrants; Preliminary Arraignment and Summary Trial; Setting and Accepting Bail; and Local Rule of Criminal Procedure 150--Bench Warrants; No. 90031 of 2006, A.D.

[36 Pa.B. 4720]
[Saturday, August 26, 2006]

Administrative Order of Court

   And Now, this 9th day of August, 2006, pursuant to Pa.R.Cr.P. 117 and 150, it is hereby Ordered and Decreed that the Lawrence County Court of Common Pleas hereby adopts new local rule of criminal procedure, L117 governing coverage for issuing warrants, conducting preliminary arraignments and summary trials and setting and accepting bail and local rule of criminal procedure L150 governing bench warrants.

   The Lawrence County Court Administrator is Ordered and Directed to the do the following:

   1.  File seven (7) certified copies of this Administrative Order and Rule with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Pennsylvania Procedural Rules Committee.

   4.  Forward one (1) copy for publication in the Lawrence County Law Journal.

   5.  Forward one (1) copy to the Lawrence County Law Library.

   6.  Keep continuously available for public inspection copies of this Administrative Order and Rule in the Office of the Clerk of Courts of Lawrence County.

   7.  The effective date of this Order shall be thirty (30) days after the date of publication in the Pennsylvania Bulletin.

By the Court

DOMINICK MOTTO,   
President Judge

Adoption of Rules of Criminal Procedure
Lawrence County Local Rule L117 and Local Rule L150

Local Rule L117 Coverage; Issuing Warrants; Preliminary Arraignments and Summary Trial; Setting and Accepting Bail

   1.  All magisterial district judges' offices shall remain open for regular business on Monday through Friday excluding holidays, from 8:00 a.m. to 4:00 p.m. and such hours established by order of the President Judge or as may be modified with the approval of the President Judge to meet the needs of the public and the Court.

   2.  Continuous coverage for the issuance of warrants, the holding of preliminary arraignments and summary trials, and the setting and accepting bail and collateral shall be by the traditional on-call system as presently established. The President Judge shall establish the schedule of assignment of magisterial district judges to on-call duty.

   3.  Magisterial district judges, the Clerk of Courts--Criminal and the Warden of the Lawrence County Jail and the Warden's designee, are authorized to accept bail in accordance with the provisions, and subject to limitations, of the Pennsylvania Rules of Criminal Procedure.

   4.  Monetary bond may be posted outside of regularly scheduled work hours at the Lawrence County Jail. The Warden of the Lawrence County Jail, or his designee, is designated to accept bail bonds and deposits as provided in Pa.R.Cr.P. 117, having the defendant sign the bail bond, releasing the defendant and delivering the bail deposit and/or bail bond to the issuing authority or the Clerk of Courts.

Local Rule L150 Bench Warrants

   1.  Whenever an individual is committed to the Lawrence County Jail pursuant to a bench warrant issued by a Lawrence County Judicial officer, the Warden or his designee shall promptly, or if the subject of the warrant is lodged in the jail after the close of the business day, at the beginning of the next business day, notify the Court Administrator, who shall:

   a.  schedule a bench warrant hearing,

   b.  notify the District Attorney, Defendant's counsel of record and the Sheriff.

   c.  In the alternative, if the bench warrant was issued by a magisterial district judge, the Court Administrator shall notify the Central Court Administrator of the commitment, who in turn shall schedule the bench warrant hearing before a magisterial district judge and give the notification set forth in Subparagraphs a and b above.

   2.  Pursuant to Pa.R.Cr.P. 150(A)(4), whenever an individual is committed to the Lawrence County Jail pursuant to a bench warrant issued by a judicial officer outside of Lawrence County, the Warden or his designee, shall promptly notify the proper authorities in the county of issuance.

   3.  Any judge of the Court of Common Pleas of Lawrence County may conduct a bench warrant hearing relative to a bench warrant issued by a judicial officer. Any Lawrence County magisterial district judge may conduct a bench warrant hearing relative to a bench warrant issued by a magisterial district judge.

   4.  The Lawrence County Jail shall release an individual held on a bench warrant by operation of law if the bench warrant hearing does not occur within seventy-two (72) hours of commitment or by the close of the next business day if the seventy-two hours expires on a non-business day.

[Pa.B. Doc. No. 06-1675. Filed for public inspection August 25, 2006, 9:00 a.m.]