Dauphin Cnty. C.P. Rule 117-Magisterial District Judge Night Court Duty Proc...

Effective 8-2-21

RULE 117 MAGISTERIAL DISTRICT JUDGE NIGHT COURT DUTY

PROCEDURES

(1) (a) The standard business hours for all Dauphin County Magisterial District

Courts shall be Monday through Friday, 8:00 A.M. to 4:30 P.M. Any

Magisterial District Judge (MDJ) who is un available during these times

due to vacation, illness, night duty, continuing education, or any other

reason, must secure coverage by another MDJ.

(b) Any preliminary arraignment presented to an MDJ between 8:00 A.M. and

4:00 P.M. Monday t hrough Friday sh all be resolved by that judge, or by

the MDJ temporarily covering that district. Any preliminary arraignment

presented to an MDJ after 4:00 P.M. Monday through Friday may be

handled by the MDJ or may be held for Night Court.

(2) The standard business hours for Dauphin County Night Court shall be as follows:

(a) Monday through Thursday: 5:00 P.M. to midnight. The Night Court Duty

Judge (“Duty Judge”) shall be available from 9:00 P.M. to midnigh t, either

by presence at Night Court or by video conference, to hand le all relevant

matters. The Duty Judge shall arraign all defendants whose paperwork is

received by Night Court no later than midnight.

(b) Friday through Sunday: 5:00 P.M. Friday until midnight Sunday night. The

Duty Judge shall be available Friday, Saturday, and Sunday nights from

9:00 P.M. until all matters are concluded, Saturday and Sunday morning

at 8:00 A.M. until all matters are concluded, Saturday and Sun day

afternoon at 4:00 P.M. until all matters are concluded. The Duty Judge

shall arraign all defe ndants whose paperwork is received by Night Court

during those hours.

The Duty Judge may call in to Night Court one hour prior to the mornin g

and afternoon arraignment times. If no matters are pending, the D uty

Judge does not need to be present at Night Court or by video.

(c) Holidays: The Duty Judge shall be available at 8:00 A.M. until all matters

are conclude d, at 4:00 P.M. until all matters are concluded, and at 9:00

P.M. until midnight. The Duty Judge shall arraign all defendants whose

paperwork is received by Night Court during those hours.

The Duty Judge may call Night Court one hour prior to the mornin g and

afternoon arraignment times. If no matters are pending, the judge does

not need to be present at Night Court or by video.

Effective 8-2-21

(d) Any emergency sit uations necessitating the issuance of search warrants

and arrest warrants between 4:00 P.M. – 8:00 A.M. Monday – Thursday

and from 4 :00 P.M. Friday until 8:00 A.M. Monday shall be the

responsibility of the Duty Judge and the Duty Judge shall be available to

immediately handle such matters. The Deputy Court Administr ator for

Magisterial District Judges shall provide the Duty J udge schedule to

Emergency Management so that contact can be made by the police to the

Duty Judge.

(3) Morning Arraignments Monday —Friday: Each MDJ shal l be respon sible t o

handle his/her own arraign ments for those defendants arrested after the close of

Dauphin County Night Court the previous night. These arraignments shall be

held at 8:30 A.M. each weekday morning, either by having the defendant brought

to the district court in person or by video co nferencing. If an MDJ is absent from

his/her office, it is the responsibility of the sitting judge to make sure that another

MDJ is available to perform the morning arraignments.

(4) The schedule for Night Court duty shall be the responsibility of the D eputy Court

Administrator for Magisterial District Judges.