Delaware Cnty. C.P. DistrictCourtAdminOrders_AOD THIS 3

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ANGELA L MARTINEZ, ESQ., DIRECTOR

OFFICE OF JUDICIAL SUPPORT

CC: Magisterial District Judges

IN THE COURT OF COMMON PLEAS OF WARE COUNTY, PENNSYLVANIA

IN RE: TEMPORARY ASSIGNMENT OF

ISSUING AUTHORITY

CHANGE OF VENUE AND

LOCATION OF PROCEEDINGS

MISCELLANEOUS DOCKET

NUMBER: 12-5040

WHEREAS, the Supreme Court of Pennsylvania has delegated to the President Judge

Court of Common Pleas of each Judicial District in the general supervision and administrative control

of Magisterial District Judges within his Judicial District as set forth in Rule 17 of the Rules

Governing Standards of Conduct of Magisterial District Judges; and,

WHEREAS, Rule 112 of the Rules and Standards with respect to the offices of Magisterial

District Judges provides that the President Judge of the Court of Common Pleas of a Judicial District

may assign temporarily the Magisterial District Judge of any Magisterial District to any other

Magisterial District whenever such an assignment is required for the efficient administration of

justice; and,

WHEREAS, Rules 21, 22, 23, 24 and 25 of the Rules of Criminal Procedure provide for the

venue, location of proceedings before issuing authority, availability, temporary assignment and

powers of the issuing authority the assignment and changes of venue of the issuing authority by the

President Judge of the Judicial District;TH

NOW THEREFORE, this 4 day of December 2012, it is hereby ORDERED and

DECREED, that Charles E. McDonald, Esquire, Administrator for Magisterial District Judges, is

hereby delegated the authority to hold hearings and receive testimony on changes of venue, location

and the assignment of Magisterial District Judges for and/or on behalf of the President Judge of the

Thirty-Second Judicial District to ensure fair and impartial proceeding as well as the efficient

administration of justice in accordance with the following procedures;

1.In all cases in which the Magisterial District Judge shall recuse him or herself for whatever

reason, the Administrator shall, in writing, make a recommendation to the President Judge to

whom the case shall be assigned. Upon the execution of an Order by the President Judge

transferring the case, the Administrator shall notify the Magisterial District Judge recusing

him or herself advising to whom the case has been assigned. It shall be the responsibility of

the Magisterial District Judge recusing him or herself to notify all parties of the change in

assignment and to transfer the case to the Magisterial District Judge who has been assigned to

hear the matter.

2.In all other cases in which one or more parties request a change of venue on the grounds of

bias, conflict of interest, inconvenience, or for any other reason whatsoever, the Administrator

shall:

Require the party requesting a change of venue to submit a petition, in writing, on a form

which shall be prescribed by the Administrator.

The petition shall be signed by the party or parties and be verified.

Upon the filing of the petition with the administrator, all proceedings shall be stayed

pending a decision on the request for a change of venue.

Unless waived by the parties, the Administrator shall hold a hearing within forty-five (45)

days from the date the petition is filed with the Administrator, and said hearing shall be at

a location set by the Administrator.

All parties in the matter shall be notified in writing by regular mail, at least five (5) days

prior to the hearing, setting forth the date, time and place of the hearing.

A.Require the party requesting a change of venue to submit a petition, in writing, on a form

which shall be prescribed by the Administrator.

B.The petition shall be signed by the party or parties and be verified.

C.Upon the filing of the petition with the administrator, all proceedings shall be stayed

pending a decision on the request for a change of venue.

D.Unless waived by the parties, the Administrator shall hold a hearing within forty-five (45)

days from the date the petition is filed with the Administrator, and said hearing shall be at

a location set by the Administrator.

E.All parties in the matter shall be notified in writing by regular mail, at least five (5) days

prior to the hearing, setting forth the date, time and place of the hearing.

F.Whenever a party fails to appear for the hearing and the request for change of venue, he

or she shall be deemed to have consented to the hearing in his or her absence.

G.The Administrator shall take testimony and make a recommendation to the President

Judge regarding the change of venue.

H.Upon the execution of an order regarding the change of venue by the President Judge, a

copy of the order shall be mailed, by regular mail to all parties.

I.In all cases, where a change of venue has been granted, a new Magisterial District Judge

has been assigned, it shall be the responsibility of the Magisterial District Judge, wherein

the case was filed, to notify all parties of the change in assignment and to transfer the case

to the Magisterial District Judge who has been assigned the matter by the President Judge.

CAB

BY THE COURT;

IN RE: Implementing Procedures for

Magisterial District Judges

12-002

: NUMBER: 12-5040

PRESIDENT JUDGE ADMINISTRATIVE ORDER

AND NOW, this 28th day of August 2012, it is hereby ORDERED and

DECREED that all cases in which a defendant is Waiving a Preliminary Hearing, the

Waiver shall be placed on the Record.

BY THE COURT:

CHAD IFL KENNEY

CC: Magisterial District Judges

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