Title 255—LOCAL
COURT RULESADAMS COUNTY Rules of Judicial Administration; Administrative Order No. 38 of 2014 [44 Pa.B. 5755]
[Saturday, September 6, 2014]Order of Court And Now, this 19th day of August, 2014, It Is Hereby Ordered that the following rule be added to the Adams County Rules of Judicial Administration:
160. Termination of Inactive Cases.
A. Magisterial District Court—Traffic
1. In this subsection, the rule shall apply only to those summary traffic violations or parking violations in which a warrant has been issued pursuant to Pennsylvania Rule of Criminal Procedure Rule 430(A), Rule 430(B)(1)(a) or Rule 430(B)(2).
2. On or before the 15th day of November of each year, each Magisterial District Court shall:
i. Dismiss any summary citation or ticket filed under Title 75 (relating to vehicles) or under local ordinance pertaining to overtime parking which was issued three years prior to November 15th of each respective year.
ii. Vacate any active warrant in relation to the dismissed summary citation or ticket and promptly remove the warrant from MDJS, CPCMS or any other system or list in which the warrant has been issued.
iii. Forward notice to the Pennsylvania Department of Transportation that the citation or ticket has been dismissed and request withdrawal of the defendant's license suspension as needed pursuant to Pennsylvania Rule of Criminal Procedure Rule 470.
3. Each Magisterial District Court shall promptly provide a list of those cases being dismissed to Court Administration.
B. Magisterial District Court—Non-Traffic
1. On or before the 15th day of November of each year, each Magisterial District Court shall:
i. Identify all non-traffic summary cases where no plea has been entered and where there has been no evidence of activity in the three years prior to November 15th of each respective year.
ii. Compile a list that will indicate the name of the affiant, the name of the defendant, the docket number and the charge(s) associated with the docket number.
iii. Forward this list to Court Administration.
2. Upon receipt of the lists, Court Administration shall:
i. Submit the lists to the Adams County Legal Journal for publication.
ii. Provide a copy of the lists to the District Attorney.
3. The publication shall include a disclaimer to indicate that the matters listed shall be terminated after 30 days of publication unless a party to the proceeding requests a hearing from the appropriate Magisterial District Court.
i. If the defendant requests a hearing, the matter shall promptly be scheduled for such hearing or other disposition pursuant to the Rules of Criminal Procedure.
ii. If the Commonwealth requests a hearing to oppose termination, the matter shall promptly be scheduled to determine if termination is appropriate.
iii. Disposition of any hearing, including hearings where a citation or ticket is dismissed over the objection of the Commonwealth, shall be filed of record in MDJS.
iv. The Commonwealth shall have the right to appeal any determination to the Court of Common Pleas within the time period for Summary Appeals pursuant to the Rules of Criminal Procedure.
4. In the event a hearing is not requested within 30 days of publication, the Magisterial District Court shall:
i. Dismiss the summary citation or ticket filed.
ii. Vacate any active warrant in relation to the dismissed summary citation or ticket and promptly remove the warrant from MDJS, CPCMS or any other system or list in which the warrant has been issued.
iii. For any matter involving a license suspension, forward notice to the Pennsylvania Department of Transportation that the citation or ticket has been dismissed and request withdrawal of the defendant's license suspension pursuant to Pennsylvania Rule of Criminal Procedure Rule 470.
This rule shall become effective thirty (30) days after publication in the Pennsylvania Bulletin. It Is Further Directed that:
A. This Order shall be filed in the Office of the Prothonotary of Adams County and a copy thereof shall be filed with the Adams County Clerk of Courts Office and the Adams County Law Library for inspection and copying;
B. One (1) certified copy of this Order shall be forwarded to the Administrative Office of the Pennsylvania Courts for distribution in accordance with the provisions of Pa.R.J.A. 103(c)(5); and
C. Two (2) certified copies of this Order together with a computer diskette that complies with the requirement of 1 Pa. Code § 13.11(b), or other compliant format per 1 Pa. Code § 13.11(d), containing the test of the local rule(s) adopted hereby shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
By the Court
MICHAEL A. GEORGE,
President Judge[Pa.B. Doc. No. 14-1869. Filed for public inspection September 5, 2014, 9:00 a.m.]
