Columbia Cnty. C.P. Criminal Local Rules

L.R. No. 100 CRIMINAL PROCEDURE SCOPE

These rules supplement the Pennsylvania Rules of Criminal Procedure and are applicable

to all criminal proceedings within the 26th Judicial District. In the event of conflict between

these rules and the Pennsylvania Rules of Criminal Procedure or any applicable statue, such Rule

or statue shall prevail over these rules. These rules are intended to apply in matters where the

statute or the Pennsylvania Rules of Criminal Procedure are silent. The numbering of these rules

are intended, so far as possible, to relate to the subject matter of relevant Pennsylvania Rules of

Criminal Procedure.

L.R. No. 106 CONTINUANCES

A. Requests for continuance in any criminal case shall be as provided by L.R. 216.

L.R. No. 112 BROADCASTING IN THE COURTROOM AND ITS ENVIRONS

A. Montour County. The entire second floor of the Montour County Courthouse is

Defined as “the courtroom or its environs.” The taking of photographs or video or audio

recordings or radio or television recording or broadcasting is prohibited on the said second floor

during the progress of or in connection with any judicial proceedings.

B. Columbia County. The entire second floor of the Columbia County Courthouse is

defined as “the courtroom or its environs.” The taking of photographs or video or audio

recordings or radio or television recording or broadcasting is prohibited on the said second floor

during the progress of or in connections with any judicial proceedings.

L.R. No. 576 FILING AND SERVICE BY PARTIES

A. All Petitions, Motions, or other Applications seeking relief from the Court shall be in

writing and shall be filed with the Clerk of Court of the respective Court where trial will be or

was held. Any such documents requiring immediate attention shall be forwarded directly to the

appropriate Court Administrator by the attorney filing such papers.

B. Service shall be the responsibility of the Moving Party, and shall be in accordance

with applicable law and other special instructions as directed by the Court.

L.R. No. 122 NOTICE TO DEFENDANTS

At the time of Preliminary Arraignment (in cases where an Arrest Warrant is issued) or at

the time a Summons is served upon the defendant (in cases where a Summons is issued) the

issuing authority shall give the following Notice to the Defendant:

NOTICE

To protect your legal rights, it is important that you promptly obtain an attorney to

represent you at the preliminary hearing and any other proceedings in this case. If you believe

that you cannot afford an attorney, you may qualify for representation by the Public Defender’s

Office. To apply for representation, you should contact the following as soon as possible:

(Name, address and phone number of the appropriate Public Defender’s Office to be inserted

here.)

L.R. No. 520 BAIL

A. Real Estate. Real Estate shall not be accepted as surety for bail unless accompanied by:

1. A certification by an attorney licensed to practice in this Commonwealth stating the

ownership of the real estate so offered and all liens against the same; and

2. An appraisal or opinion letter (at the discretion of the Court or issuing authority) of the real

estate made within thirty (30) days of the bail motion by a licensed real estate broker or

appraiser; and

3. All record owners of the real estate must execute the appropriate surety documents.

B. Administrative Fee. In all court cases where an amount of bail is set for release, a non-refundable administrative fee of twenty-five dollars ($25.00) shall be paid to the Clerk of Courts

of the respective county where trial will be held. The administrative fee shall be considered as

earned at the time of bail undertaking is executed.

C. Discharge. When the conditions of a bail bond have been performed and the defendant has

made all required appearances in the case, the Clerk of Court shall return to the person posting

bail, unless the bail deposited, less any administrative costs. In the event a Judgement has been

entered on any bail bond, upon receiving and Order that the defendant has been discharged from

all obligations, the Clerk of Court shall, upon payment of the appropriate administrative, filing

and satisfaction fees, mark the Judgment satisfied on the record.

D. Accepting Bail. Between the hours of 4:30 p.m. and 8:00 a.m., Monday through Friday, and

on weekends and County Legal Holidays, the Warden of the County Prison, or his designee,

shall be authorized to accept bail pursuant to and subject to the limitations, of the Pennsylvania

Rules of Criminal Procedure. The Warden’s authority is limited to accepting the bail deposit,

delivering the bail and bond to the proper Issuing Authority (Magisterial District Judge) or the

County Clerk of Courts, whichever has jurisdiction, and, under the Pennsylvania Rules of

Criminal Procedure 525, releasing the defendant upon execution of the bail bond.

L.R. No. 117 COVERAGE; ISSUING WARRANTS; PRELIMINARY ARRAIGNMENTS;

SETTING AND ACCEPTING BAIL

1. Normal Business Hours.

(a) Magisterial District Judge Offices shall be open for regular business Monday through

Friday, excluding County Holidays, during such hours as established by the President Judge, and

as may be modified with the approval of the President Judge to meet the needs of the public and

the Court.

(b) When during regular business hours the Magisterial District Judge who has

jurisdiction over a particular matter is unavailable, authority to act is transferred to other

Magisterial District, Judges in the 26th Judicial District pursuant to a Special Assignment

schedule approved by the President Judge and amended from time to time. This schedule shall

govern the appropriate jurisdiction for specific actions, unless the individual Magisterial District

Judges specifically transfer that jurisdiction among themselves due to their own unavailability

based on work schedule or other related convenience, in which case the Court approves that

transferred Magisterial District Judge for authority over a particular action.

2. On Call Magisterial District Judge.

(a) An on-call Magisterial District Judge shall be available twenty-four hours a day,

every day of the calendar year to provide continuous coverage for the issuance of warrants, the

holding of preliminary arraignments, the setting and accepting of bail, and the issuance of

emergency orders under the Protection from Abuse Act.

(b) An on-call Magisterial District Judge shall be on-call during non-business hours on a

rotating basis, pursuant to an annual schedule prepared by the District Court Administrator.

3. Search Warrants and Arrest Warrants, and Protections From Abuse Petitions.

An on-call Magisterial District Judge shall be available without unreasonable delay for

the issuance of search warrants pursuant to Pa.R.Crim.P. 203, arrest warrants pursuant to

Pa.R.Crim.P. 203, and Emergency Protection from Abuse Orders.

4. Preliminary Arraignments.

(a) For Arrests occurring between the hours of 8:00 a.m. and 4:30 p.m., the Defendant

shall be taken to the Magisterial District Judge having jurisdiction.

(b) For arrests occurring after 4:30 p.m. but before 11:00 p.m., the on-call Magisterial

District Judge shall be available without unreasonable delay at his/her office, or at the discretion

of the Magisterial District Judge, by video conferencing from the Columbia County Prison or

Montour County Prison.

(c) For arrests occurring after 11:00 p.m. but before 8:00 a.m., the arresting agency,

including the state police, municipal police, sheriff or constable, is authorized to detain the

prisoner at the Columbia County Prison or Montour County Correction Facility until

arraignment. For Defendants so detained, the on-call Magisterial District Judge shall appear in

person or by video conferencing at the Columbia County Prison or Montour County Prison at

9:00 a.m. to preside at the Preliminary Arraignment.

(d) The arresting agency detaining the Defendant shall provide to the Magisterial District

Judge the original and copies of the Criminal Complaint with Probable Cause Affidavit attached,

a copy of the Defendants’ criminal record, and any recommendation regarding bail for the

Defendant, by depositing the documents at the Columbia County Prison or Montour County

Prison for use by the Magisterial District Judge.

(e) The Columbia County Prison and Montour Prison are directed to identify a detention

area for prisoners so detained.

(f) The Columbia County Prison or Montour County Prison is directed to make available

to the Magisterial District Judge appropriate space for video conferencing availability between

the hours of 9:00 a.m. and 10:00 a.m. to perform the Preliminary arraignment.

(g) Upon completion of the Preliminary Arraignment, the detention authorized by this

rule shall terminate and the person detained shall be processed in accordance with the Order of

the Magisterial District Judge at the Preliminary Arraignment.

5. Bench Warrants in Court Cases.

(a) Upon receiving notice from the Magisterial District Court that a bench warrant has

been executed or that the Defendant has surrendered, the Court administrator shall schedule a

hearing as soon as possible but not later than seventy-two (72) hours after the Defendant has

been lodged in the Columbia County Prison or Montour County Prison.

6. Summary Offense Arrest Warrants and Bench Warrants.

(a) Any individual executing an arrest warrant or a bench warrant in a summary offense

shall proceed in accordance with Pa.R.Crim.P. 431 except as set forth hereafter.

(b) In the event the warrant is executed between the hours of 8:00 a.m. and 4:30 p.m. the

Defendant shall be taken to the Magisterial District Judge having jurisdiction.

(c) For summary warrants executed after 4:30 p.m., the individual executing the arrest

warrant shall:

(1) accept a signed guilty plea and the full amount of the fines and costs;

(2) accept a signed not guilty plea and the full amount of collateral; or

(3) allow the defendant to voluntarily appear before the Magisterial District Judge

by 9:00 a.m. the next business day, or a bench warrant shall be issued.

(d) For summary bench warrants executed after 4:30 p.m., but before 8:00 a.m., the

individual executing the arrest warrant is authorized to detain the prisoner at the Columbia

County Prison or Montour County Prison until 9:00 a.m., the following morning. For

Defendants so detained, the on-call Magisterial District Judge shall appear in person or by video

conferencing at the Columbia County Prison or Montour County Prison at 9:00 a.m. to preside at

the bench warrant hearing.