PA · rules

Philadelphia Cnty. C.P. Municipal Court-Criminal Rule 910

Probation Detainer and Violation Procedure

repealedin force · 2019-05-27 – presentact-effective-date

Rescinded by Joint Administrative Order No. 08-2018 issued October 9, 2018, effective immediately.

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

PHILADELPHIA MUNICIPAL COURT

In Re: Philadelphia Municipal Court Arraignment Court Magistrates

No. 01 of 2015

O R D E R

AND NOW, this 1st day of June, 2015, in accordance with the provisions of Act 98 of

2008 which amended Act 187 of 1984, it is hereby ORDERED, ADJUDGED and DECREED that:

(1) The “Philadelphia Municipal Court Bail Commissioner Rules” shall henceforth be

referenced to as the “Philadelphia Municipal Court Arraignment Court Magistrate

Rules;”

(2) All references in the current Philadelphia Municipal Court Bail Commissioner Rules to

“Bail Commissioner” or “Bail Commissioners” shall be replaced with “Arraignment

Court Magistrate” or “Arraignment Court Magistrates;” and

(3) The Philadelphia Municipal Court Arraignment Court Magistrate Rules shall henceforth

be cited as “Phila. M.C.R. Crim. P., A.C.M., Sec.”

As required by Pa.R.Crim.P. No. 105 (D), this Order has been submitted to the Supreme Court’s Criminal Procedural

Rules Committee for review and written notification has been received from the Committee certifying that this Order

is not inconsistent with any general rule of the Supreme Court. This Administrative Order shall be filed with the Office

of Judicial Records in a docket maintained for Orders issued by the First Judicial District of Pennsylvania, and, a s

required by Pa.R.Crim.P. No. 105(E), two c ertified copies of this Order and a copy on a computer diskette, shall be

distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. As required by

Pa.R.Crim.P. No. 105 (F) one certified copy of this Order shall be filed with the Administrative Office of Pennsylvania

Courts and will also be published o n the Unified Judicial System's web site at

http://ujsportal.pacourts.us/localrules/ruleselection.aspx and posted on the First Judicial District’s website at

http://courts.phila.gov. Copies shall be published in The Legal Intelligencer and will be submitted to American Lawyer

Media, Jenkins Memorial Law Library, and the Law Library for the First Judicial District.

BY THE COURT:

/s/ Marsha H. Neifield

____________________________________

Honorable Marsha H. Neifield

President Judge

Philadelphia Municipal Court

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

PHILADELPHIA MUNICIPAL COURT

In Re: No. 01 of 2015, Philadelphia Municipal Court Arraignment Court Magistrates

O R D E R

AND NOW, this 2nd day of September, 2016, the Order issued June 1, 2015 is amended

to read as follows:

O R D E R

AND NOW, this 1st day of June, 2015, in accordance with the provisions of Act 98 of

2008 which amended Act 187 of 1984, it is hereby ORDERED, ADJUDGED and DECREED

that:

(4) The “Philadelphia Municipal Court Bail Commissioner Rules” shall henceforth be

referenced to as the “Philadelphia Municipal Court Arraignment Court Magistrate

Rules;”

(5) All references in the current Rules of Criminal Procedure for the Philadelphia

Municipal Court, Philadelphia Municipal Court Bail Commissioner Rules to “Bail

Commissioner” or “Bail Commissioners” shall be replaced with “Arraignment Court

Magistrate” or “Arraignment Court Magistrates;” and

(6) The Philadelphia Municipal Court Arraignment Court Magistrate Rules shall

henceforth be cited as “Phila. M.C.R. Crim. P., A.C.M., Sec.”

As required by Pa.R.J.A. 103(d), this Administrative Order and the proposed local rule were submitted to the Supreme

Court of Pennsylvania Criminal Procedural Rules Committee for review and written notification has been received

from the Rules Committee certifying that the p roposed local rule is not inconsistent with any general rule of the

Supreme Court. This Administrative Order and the attached local rule shall be filed with the Office of Judicial Records

(formerly the Prothonotary, Clerk of Courts and Clerk of Quarter Sessions) in a docket maintained for Administrative

Orders issued by the First Judicial District of Pennsylvania. As required by Pa.R.J.A. 103(d)(5)(ii), two certified copies

of this Administrative Order and the attached local rule, as well as one copy of the Administrative Order and local

rule shall be distributed to the Legislative Reference Bureau on a computer diskette for publication in the Pennsylvania

Bulletin. As required by Pa.R.J.A. 103(d)(6) one certified copy of this Administrative Order and local rule shall be

filed with the Administrative Office of Pennsylvania Courts, shall be published on the website of the First Judicial

District at http://courts.phila.gov, and shall be incorp orated in the compiled set of local rules no later than 30 days

following publication in the Pennsylvania Bulletin. Copies of the Administrative Order and local rule shall also be

published in The Legal Intelligencer and will be submitted to American Lawye r Media, Jenkins Memorial Law

Library, and the Law Library for the First Judicial District.

BY THE COURT:

/s/ Marsha H. Neifield

____________________________________

Honorable Marsha H. Neifield

President Judge

Philadelphia Municipal Court

PHILADELPHIA MUNICIPAL COURT

ARRAIGNMENT COURT MAGISTRATE RULES

Preface

RULES OF THE PHILADELPHIA MUNICIPAL COURT

ESTABLISHING STANDARDS AND PROCEDURES FOR THE

APPOINTMENT AND AUTHORITY OF

ARRAIGNMENT COURT MAGISTRATES

An independent and honorable judiciary is indispensable to justice. Arraignment Court Magistrates exercise

important powers and responsibilities as officers of the Philadelphia Municipal Court. It is therefore imperative that

only highly qualified individuals be selected and retained as Arraignment Court Magistrates.

Arraignment Court Magistrates should participate in establishing, maintaining, enforcing and observing high

standards of conduct so that the integrity and independence of the judiciary may be preserved. The provisions of

these Rules governing standards of conduct of Arraignment Court Magistrates shall be constructed and applied to

further that objective.

To that end, and in accordance with Act 187 of 1984, the Philadelphia Municipal Court hereby promulgates these

Rules for the selection and appointment of Arraignment Court Magistrates, establishing standards of conduct and the

rights, responsibilities and authority of Arraignment Court Magistrates.

Joseph R. Glancey

President Judge

November 16, 1984

CITATION OF RULES

These rules may be cited as “Phila. M.C.R. CRIM. P., A.C.M., Sec.”

SEAL

Each Arraignment Court Magistrate shall have and use a seal, which shall be in the custody of the Arraignment

Court Magistrate. The official acts of said Arraignment Court Magistrate shall be authenticated therewith. There

shall be engraved on such seal the same device as is engraved on the great seal of the State, and the words

“Commonwealth of Pennsylvania,” “Philadelphia Municipal Court,” and the words “ Arraignment Court

Magistrate.”

Sec. 1.00. Appointment

(a) The President Judge and a majority of the Philadelphia Municipal Court may appoint six Arraignment Court

Magistrates.

(b) No individual may be appointed, serve, or be reappointed to serve as an Arraignment Court Magistrate under this

Chapter unless he meets the following minimum qualifications:

(1) He resides within Philadelphia County.

(2) He is, and has been for at least four years, a member in good standing of the Bar of the Supreme Court of

Pennsylvania and has been engaged in the active practice of law for that minimum period.

(i) The Court may consider as substitute experience for the active practice of law the following, including

any combination thereof:

(a) Judge of a State Court of Record or other state judicial officer.

(b) Attorney for federal or state agencies.

(3) Persons who do not meet the qualifications of Subsection (2) above, but who have completed a course of

training and instructions in the duties of a Arraignment Court Magistrate, and pass an examination prior to

assuming office. Such course and examination shall be as provided in Title 42 Pa.C.S. § 3111 et seq.

(4) He must be competent to perform the duties of the office, of good moral character, emotionally stabl e and

mature, committed to equal justice under the law, in good health, patient, Courteous, and capable of deliberation

and decisiveness when required to act on his own reason and judgment.

(5) In the case of an initial appointment, he must not be seventy years of age or older, except in the case of

retired or Senior Judges whose appointment as Arraignment Court Magistrates shall not be considered an initial

appointment.

(6) These are minimum standards and are not intended as a limitation on the appointing authority's power to

impose additional requirements

States, the Commonwealth or any political subdivision thereof, except in the armed ser vices of the United States or

the Commonwealth.

(d) No individual may serve under this Chapter after having attained the age of seventy (70) years; provided,

however, that upon two-thirds vote of all of the Judges of the Court, an Arraignment Court Magistrate who has

attained the age of seventy (70) years may continue to serve and may be reappointed under this Chapter.

(e) Pursuant to 42 Pa.C.S. § 1125 (relating to appointment of substitute Arraignment Court Magistrates during an

emergency), an individual shall be qualified to act as a substitute Arraignment Court Magistrate if he or she meets

the following minimum qualifications:

(1) He or she is an employee of the Philadelphia Municipal Court.

(2) He or she is, and has been for at least one year, a member in good standing of the Bar of the Supreme Court

of Pennsylvania and has been engaged in the active practice of law for that minimum period. The Court may

consider membership on the Central Legal Staff of the Philadelphia Municipal Court or employment as a l aw

clerk to the President Judge of the Municipal Court as substitute experience for the active practice of law.

(3) Attorneys [persons] who do not meet the qualifications of subsection (2) above, but who have completed a

course of training and instructions in the duties of Arraignment Court Magistrate, and passed an examination

prior to assuming office. Such course and examination shall be as provided in 42 Pa.C.S. § 3111 (et seq.).

(4) He or she must be competent to perform the duties of the office, of good moral character, emotionally stable

and mature, committed to equal justice under the law, and in good health, patient. Courteous, and capable of

deliberation and decisiveness when required to act on his/her own reason and judgment.

Sec. 1.01. Tenure

(a) The appointment of an individual as an Arraignment Court Magistrate shall be for a period of four years.

(b) Upon the expiration of his term, an Arraignment Court Magistrate may, by a majority vote of the Judges of the

Court, continue to perform the duties of his office until his successor is appointed, or for ninety (90) days after the

date of the expiration of the Arraignment Court Magistrate's term, whichever is earlier.

of his office before performing the duties of his office. (Appendix B)

(d) Rescinded.

Sec. 1.02. Compensation

(a) Arraignment Court Magistrates shall receive as full compensation for their services such salary as fixed by

statute.

(b) The salary of an Arraignment Court Magistrate shall not be reduced during a term in which he is serving.

officers and employees of the judicial branch of the government of the Commonwealth of Pennsylvania.

Sec. 2.00. Establishment of Arraignment Court Magistrate Selection Panel

Before the appointment of an Arraignment Court Magistrate is made, an Arraignment Court Magistrate Selection

Panel shall be appointed to recommend to the Court for nomination, individuals whose character, experience, ability

and commitment to equal justice under the law fully qualify them to serve as Arraignment Court Magistrates.

Sec. 2.01. Membership

(a) The Panel shall be composed of a chairman and other members appointed by the President Judge of the

Philadelphia Municipal Court.

(b) Members of the Panel shall not receive any compensation for their services.

Sec. 2.02. Duties

(a) The chairman shall have such duties as the Court may assign.

(b) All information made available to the members of the Panel in the performance of t heir duties, including the

names of potential nominees and identity of individuals recommended by the Panel, shall be kept in strict

confidence except as provided in Section 2.03 (c) of these Rules.

(d) The Panel shall examine the applications of all potential nominees and may, in its discretion, personally

interview nominees. The Panel shall make an affirmative effort to identify and give due consideration to all qualified

candidates, including women and members of minority groups.

(e) All applicants shall file an Application for Appointment as Arraignment Court Magistrate, Philadelphia

Municipal Court, and Waiver of Confidentiality addressed to the Disciplinary Board of the State Supreme Court and

the appropriate Ethics Commissions (Appendix A), with the Court Administrator, who shall immediately upon

receipt deliver them to the Chairman of the Panel.

(f) The Panel shall then determine those individuals among the potential nominees who meet the standards set forth

by these Rules for Appointment as Arraignment Court Magistrate, and shall designate those individuals whom the

Panel considers best qualified to serve as Arraignment Court Magistrate.

(g) The Panel shall submit a report to the Court as provided in the following section.

Sec. 2.03. Panel Report

(a) If an appointment is to be made to a vacant or newly created position, the Panel shall, within sixty (60) days after

its creation, report to the Court the results of its activities. The report of the Panel shall specify the five persons the

Panel has determined as best qualified and have attached to it all written information received by or prepared by the

Panel concerning the recommended nominee. The Court may accept a list containing fewer than five names for good

cause shown by the Panel in its report.

(b) A separate list shall be submitted for each existing vacancy.

Magistrate pursuant to the Rules may be publicized in whole or in part by the President Judge of the Philadelphia

Municipal Court at his sole discretion.

Sec. 3.00. Selection From Arraignment Court Magistrate Selection Panel List

The Philadelphia Municipal Court shall select Arraignment Court Magistrates from the list(s) provided by the

Arraignment Court Magistrate Selection Panel. If more than one list is submitted at the same time pursuant to

section 2.03(b), selection may be made from any of the lists submitted. The Court may, however, by majority vote,

reject the first list submitted by the Panel. If such is rejected, the Panel shall submit a second list from which the

Court shall then select its Arraignment Court Magistrates.

Sec. 3.01. Majority Decision of the Judges

The Selection of an appointee shall be by the President Judge and majority vote of all the Judges of the Philadelphia

Municipal Court. In the event a majority of the Court cannot agree upon any one individual, the President Judge

shall make the selection.

Sec. 4.00. Procedures

In the event the Court desires to consider the reappointment of an incumbent Arraignment Court Magistrate, it shall

employ the following procedure:

(a) Public Notice. The Court shall cause to be published a public notice stating that it is required by Rule to establish

an Arraignment Court Magistrate Selection Panel to consider the reappointment of the incumbent Arraignment

Court Magistrate to a new term of office and that said Panel has said appointed.

The public notice shall be published in the The Legal Intelligencer. The notice shall describe the duties of the

position, state the date of expiration of the incumbent's current term of office, and it shall invite comments from

members of the public. A copy of the notice shall be filed and posted in the office of the Court Administrator of the

Philadelphia Municipal Court.

(b) Panel. Before the reappointment of an Arraignment Court Magistrate the Court shall establish a Panel as

prescribed in Chapter II of these Rules. The Panel shall review the incumbent's current service as Arraignment Court

Magistrate and other experience, the comments from members of the Bar and public, and other evidence of the

incumbent's good character, ability, and commitment to equal justice under the law. The Panel shall report to the

Court within sixty (60) days whether or not the incumbent is recommended for reappointment.

all the Court shall make its determination as to whether to reappoint the incumbent or to proceed anew with the

selection procedures prescribed in these Rules.

Sec. 5.00. Publication

Prior to the selection of an Arraignment Court Magistrate, a public notice shall be published in the The Legal

Intelligencer.

Sec. 5.01. Contents of Notice

The public announcement shall describe the duties of the position, the pertinent qualification stan dards, and the

procedures for submission of applications, including the name and address of the person to whom applications

should be submitted. The notice should specify that applications are to be submitted only by the potential nominee

personally, indicating the person’s willingness to serve if selected.

Sec. 5.02. Filing of Notice

The public notice shall be tiled and posted in the office of the Court Administrator of the Philadelphia Municipal

Court.

Sec. 5.03. Form of Notice, Initial Selection

NOTICE: SELECTION OF ARRAIGNMENT COURT MAGISTRATES

PHILADELPHIA MUNICIPAL COURT

The Philadelphia Municipal Court is required by Rule to establish an Arraignment Court Magistrate Selection Panel

to consider the appointment of Arraignment Court Magistrates. This Panel has been established and requests that all

individuals considering filing for the position make this intention known by completing and filing an Arraignment

Court Magistrate's Personal Data Questionnaire with the Philadelphia Municipal Court through the Court

Administrator, 1224 City Hall Annex. Only potential nominees willing to serve, if selected, are eligible to apply.

The deadline for submission of this questionnaire is __________________________________________________.

An Arraignment Court Magistrate's powers and duties include administering Oaths and Affirmations, presiding at

Preliminary Arraignments, issuing Criminal Complaints, fixing Bail, appointing counsel in certain cases, scheduling

Municipal Court Trials and Preliminary Hearings, and issuing Arrest Warrants and Search and Seizure Warrants.

No individual may be appointed or serve as an Arraignment Court Magistrate unless he meets the following

minimum qualifications:

(1) He resides within Philadelphia County.

(2) He is, and has been for at least four (4) years, a member in good standing of the Bar of the Supreme Court of

Pennsylvania and has been engaged in the active practice of law for that minimum period.

(i) The Court may consider as substitute experience for the active practice of law the following, including any

combination thereof:

(a) Judge of a State Court of Record or other state judicial officer.

(b) Attorney for federal or state agencies.

(3) Persons who do not meet the qualifications of Subsection (2) above but who have completed a course of training

and instructions in the duties of an Arraignment Court Magistrate and pass an examination prior to assuming office

as provided by Title 42 Pa.C.S. 3111 et seq.

(4) He must be competent to perform the duties of the office, of good moral character, emotionally stable and

mature, committed to equal justice under the law, in good health, patient, courteous, and capable of deliberation and

decisiveness when required to act on his own reason and judgment.

(5) He must not be seventy years of age or older except in the case of Retired or Senior Judges.

(6) Arraignment Court Magistrates shall not hold another office or position of profit in the government of the United

States, the Commonwealth or any political subdivision thereof, except in the armed services of the United States or

the Commonwealth.

Bernard A. Scally, III

Court Administrator

Philadelphia Municipal Court

Sec. 5.04. Form of Notice, Reappointment

NOTICE: REAPPOINTMENT OF ARRAIGNMENT COURT MAGISTRATES

PHILADELPHIA MUNICIPAL COURT

The Philadelphia Municipal Court is required by Rule to establish an Arraignment Court Magistrate Selection Panel

to consider the reappointment of its incumbent Arraignment Court Magistrate(s) to a new term of office. This Panel

has been established and may be contacted through the Court Administrator, 1224 City Hall Annex.

An Arraignment Court Magistrate's powers and duties include administering Oaths and Affirmations, presiding at

Preliminary Arraignments, assign counsel in certain cases, issuing Criminal Complaints, fixing Bail, scheduling

Municipal Court Trials and Preliminary Hearings, and issuing Arrest Warrants and Search and Seizure Warrants.

On __________, the current term of __________, Arraignment Court Magistrate, will expire. Public comment is

invited concerning his reappointment.

The deadline for submission of comments is __________.

Bernard A. Scally, III

Court Administrator

Philadelphia Municipal Court

Sec. 6.00. Supervision of Arraignment Court Magistrates by President Judge

The President Judge of the Philadelphia Municipal Court or his designee shall exercise general supervision and

administrative control over all Arraignment Court Magistrates.

Sec. 6.01. Implementation Committee

The President Judge of the Philadelphia Municipal Court may establish one or more continuing committees to make

recommendations concerning the implementation of these Rules.

Sec. 6.02. Priority of Judicial Business

(a) An Arraignment Court Magistrate shall devote the time necessary for the prompt and proper disposition of the

business of his office, which shall be given priority over any other occupation, business, profession, pursuit or

activity.

(b) An Arraignment Court Magistrate shall not use or permit the use of any premises established for the disposition

of his official business for any other occupation, business, profession or sinful pursuit.

Sec. 6.03. Preliminary Arraignment Schedules

(a) The Court Administrator shall, in cooperation with the Arraignment Court Magistrates, establish a schedule of

regular assignment sessions. The schedule shall be submitted for approval to the President Judge of the Philadelphia

Municipal Court and shall be published in such manner as the President Judge shall direct.

(b) The Arraignment Court Magistrates' schedule shall provide for the operation of the Preliminary Arraignment

Court on a twenty-four hour, seven-days-a-week basis.

Sec. 6.04. Administrative Responsibilities

(a) An Arraignment Court Magistrate shall diligently discharge his administrative responsibilities and maintain

competence in judicial administration.

Sec. 6.05. Adjudicative Responsibilities

(a) An Arraignment Court Magistrate shall be faithful to the law and maintain competence in it. He shall not be

swayed by partisan interests, public clamor or fear of criticism.

(b) An Arraignment Court Magistrate shall maintain order and decorum in the proceedings before him.

other with whom he deals in his official capacity, and shall require similar conduct of other parties in the Courtroom.

(d) An Arraignment Court Magistrate shall accord to every person who is legally interested in a proceeding, or his

lawyer, full right to be heard according to the law.

Sec. 6.06. Restrictions on Inconsistent Activities

(a) Arraignment Court Magistrates shall not engage, directly or indirectly, in any activity or act incompatible with

the expeditious, proper and impartial discharge of their duties, including but not limited to, (1) any activity

prohibited by law; (2) the collection business; or (3) the bonding business. An Arraignment Court Magistrate shall

not exploit his judicial position for financial aid or for any business or professional advantage. An Arraignment

Court Magistrate shall not receive any fee or emolument for performing the duties of an arbitrator.

(b) Arraignment Court Magistrates shall render such service as is required by law. While so serving they may

engage in the practice of law, provided, however that they may not:

(1) Serve as counsel in any action criminal or civil, in the Philadelphia Municipal Court.

(2) Practice criminal law in Philadelphia County.

(3) Associate in the practice of law or share space with any attorney(s) whose practice involves a substantial

practice of criminal law.

(4) Associate in the practice of or share space with any attorney(s) whose practice involves a substantial

practice, criminal or civil, in the Philadelphia Municipal Court.

by the Supreme Court of Pennsylvania.

Sec. 7.00. Impropriety and Appearance of Impropriety to Be Avoided

An Arraignment Court Magistrate shall respect and comply with the law and shall conduct himself at all times in a

manner that promotes public confidence in the integrity and impartiality of the judiciary. An Arraignment Court

Magistrate shall not allow his family, social or other relationships to influence his conduct or judgment. He shall not

lend the prestige of his office to advance the private interest of others, nor shall he convey or permit others to

convey the impression that they are in a special position to influence him.

Sec. 7.01. Voluntary Appearance as Character Witness Prohibited

Arraignment Court Magistrates shall not testify voluntarily as a character witness.

Sec. 7.02. Holding Other Public Office Prohibited

Arraignment Court Magistrates shall not hold another office or position of profit in the government of the United

States, the Commonwealth or any political subdivision thereof, except in the armed services of the United States or

the Commonwealth.

Sec. 7.03. Political Activity Prohibited

Arraignment Court Magistrates and/or members of their immediate households (including, but not limited to,

spouses, children, in-laws, parents and siblings) shall not:

(a) engage in partisan political activity, deliver political speeches, make or solicit political contributions (including

purchasing tickets for political party dinners or other functions) or attend political or party conventions or

gatherings. Nothing herein shall prevent an Arraignment Court Magistrate and/or any member(s) of his/her

household from making political contributions to a campaign of a member of his/her immediate family.

(b) make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of

the office; announce his/her views on partisan political issues, or misrepresent his identity, qualifications, present

position, or other fact.

Sec. 7.04. Conduct of Family and Employees Proscribed

With respect to his conduct in general an Arraignment Court Magistrate shall:

(a) maintain the dignity appropriate to judicial office and shall urge members of his/her family to adhere to the same

standards of conduct that apply to him.

(b) prohibit employees, if any, subject to his/her direction or control from doing for him/her that which he/ she is

prohibited from doing under this Rule.

Sec. 7.05. Candidacy for Public Office

(a) An Arraignment Court Magistrate shall resign from his office when he becomes a candidate either in a

party primary or in a general election for any elected office.

Sec. 7.06. Disqualification Required in Certain Cases

(a) An Arraignment Court Magistrate shall disqualify himself in a proceeding in which his impartiality might

reasonably be questioned.

(b) An Arraignment Court Magistrate shall inform himself about his personal and fiduciary financial interests and

make a reasonable effort to inform himself about the personal financial interests of his spouse and minor children

residing in his household.

Sec. 7.07. Remittal of Disqualification: Minimizing Disqualificati on

(a) An Arraignment Court Magistrate disqualified by Rule 7.06 may, instead of withdrawing from the proceeding,

disclose the basis of his disqualification. If, based on such disclosure, the parties and lawyers, independently of the

participation of the Arraignment Court Magistrate, all agree that the relationship of the Arraignment Court

Magistrate is immaterial or that his financial interest is insubstantial, the Arraignment Court Magistrate, is no longer

disqualified and may participate in the proceeding.

(b) An Arraignment Court Magistrate shall manage his investments and other financial interests to minimize the

number of cases in which he is disqualified.

Sec. 7.08. Use and Disclosure of Information Acquired in Judicial Capacity Prohibited

Information acquired by an Arraignment Court Magistrate in his judicial capacity shall not be used or disclosed by

him in financial dealings or any other purpose not related to his official duties.

Sec. 7.09. Broadcasting, Televising, Recording, Photography Restricted

An Arraignment Court Magistrate shall prohibit broadcasting, televising, recording, or taking photographs in the

Courtroom or the areas immediately adjacent thereto during sessions or recesses between sessions, except that

Arraignment Court Magistrates may authorize:

(a) the use of electronic or photographic means for the presentation of evidence, for the perpetuation of a

record or for other purposes of judicial administration; and

(b) the broadcasting, televising, recording or photographing of investitive or ceremonial proceedings.

Sec. 7.10. Public Comment Restricted

An Arraignment Court Magistrate shall abstain from public comment about proceedings pending or impending in

his office or any Court, and shall require similar abstention on the part of his staff, if any. This Rule does not

prohibit Arraignment Court Magistrates from making public statements in the course of their official duties or from

explaining for public information the procedures of the Court.

Sec. 7.11. Gifts and Loans Restricted

(a) An Arraignment Court Magistrate may accept books supplied by publishers on a complimentary basis for public

use. An Arraignment Court Magistrate or a member of his family residing in his household may accept ordinary

social hospitality; a gift, bequest, favor or loan from a relative; a wedding or engagement gift; a loan from a lending

institution in its regular course of business on the same terms generally available to persons who are not

Arraignment Court Magistrates; or a scholarship or fellowship award on the same terms applied to other applicants.

(b) An Arraignment Court Magistrate or a member of his family residing in his household may accept any other gift,

request, favor or loan only if the donor is not a party or other person whose interests have come or are likely to come

before the Arraignment Court Magistrate.

Sec. 7.12. Solicitation of Funds and Related Activities Regulated

(a) An Arraignment Court Magistrate shall not solicit funds for any educational, religious, charitable, fraternal or

civic organization, or use or permit the use of the prestige of his office for that be listed as an officer, director or

trustee of such an organization. He shall not be speaker or the guest of honor at such an organization’s public fund

raising events, but he may attend such events.

Sec. 8.00. Arraignment Court Magistrates to Fix Bail. Appeals

(a) Arraignment Court Magistrate shall have the same authority to fix bail at Preliminary Arraignments as Judges of

the Philadelphia Municipal Court.

(b) Appeals from their decisions shall be to the Municipal Court Judge specially designated by the President Judge

for that purpose.

Sec. 8.01. Bail Guidelines

(a) Arraignment Court Magistrates shall consider Bail Guidelines in fixing bail.

(b) In a proper case, Arraignment Court Magistrates may depart from the Bail Guidelines and fix bail in an amount

higher or lower than indicated in the Guideline Matrix; provided, however, that in such case the reason(s) shall be

indicated in writing by the Magistrates.

Arraignment.

Sec. 8.02. Assignment of Counsel

At the Preliminary Arraignment, Arraignment Court Magistrates shall:

(a) Advise the defendant of his right to counsel, and

(b) Where the defendant is indigent and entitled to Court appointed counsel pursuant to the Court's guidelines,

assign the Defender Association of Philadelphia, or such other counsel as the Court by Rule or Regulation shall

designate, to represent the defendant.

Court appointed counsel, assign the Defender Association of Philadelphia in one case and direct that counsel shall

be appointed for such other indigent defendant(s) from the Non-Homicide Counsel Appointment List.

Sec. 9.00. Power to Issue Warrants

(a) Arraignment Court Magistrates are empowered to issue Search and Seizure Warrants and Arrest Warrants based

on Probable Cause.

(b) Nighttime Search and Seizure Warrants shall be issued upon a showing of additional reasonable cause.

Sec. 9.01. Approval of Probable Cause Affidavits

(a) No Arraignment Court Magistrate shall issue any Search and Seizure Warrant or Arrest Warrant wherein the

probable cause Affidavit has not been reviewed and approved by the Attorney for the Commonwealth.

(b) Upon receipt of a Search and Seizure Warrant or Arrest Warrant wherein the probable cause Affidavit has been

approved by the Attorney for the Commonwealth, the Arraignment Court Magistrate, acting as a detached neutral

authority, shall independently determine the existence of probable cause and, in the case of a Nighttime Search and

Seizure Warrant, additional reasonable cause, prior to the issuance of any Search and Seizure Warrant or Arrest

Warrant.

Sec. 10.00. Course of Instruction and Examination Required

(a) Arraignment Court Magistrates who are not members of the bar of this Commonwealth, as stated in Sec.

1.00(b)(2), shall complete a course of training and instruction in the duties of said office and pass an examination

prior to assuming office.

(b) Content of Course of Instruction and Examination:

(i) General Rule. The Minor Judiciary Education Board (the Board), shall prescribe and approve the subject

matter and the examination for the course of training herein required. The Administrative Office of

Pennsylvania Courts shall conduct the course and examination at such times, at such places, and in such manner

as the regulations of the Board may prescribe. The Board shall make the course of instruction available at such

times so as to insure that an appointee may qualify to assume office as soon as possible.

(ii) Content of Course. The course of training and instruction shall not exceed four weeks in duration and shall

consist of a minimum of thirty (30) hours of class instruction in Criminal Law, Search and S eizure, Arrest and

Bail practices and procedures.

(iii) Upon successful completion of the course of training and instruction and examination, the Administrative

Office shall issue to a person seeking an appointment as an Arraignment Court Magistrate a certificate in the

form prescribed by the Board, certifying that such person is qualified to perform his duties as an Arraignment

Court Magistrate. Such certificate shall be filed in the office of the Court Administrator of the Philadelphia

Municipal Court.

(iv) Expenses. The course of training and instruction required by this chapter shall be provided at the expense of

the Commonwealth.

Sec. 10.01. Continuing Education Requirement

Every Arraignment Court Magistrate shall complete a continuing education program each year equivalent to not less

than twenty (20) hours per year in such courses or programs as are approved by the Board. If an Arraignment Court

Magistrate fails to meet these continuing education requirements, such Magistrate shall be subject to dismissal as

provided in Chapter 1, Section 1.01(d).

Sec. 11.00. Discipline for Good Cause

(a) (1) The President Judge or his designee may for good cause take disciplinary action against an Arraignment

Court Magistrate. For purposes of this section, “disciplinary action” shall mean “suspension with pay, suspension

without pay, or withholding of pay without suspension.” Unless an Arraignment Court Magistrate is suspended

pursuant to Subsections (b)(8) or (b)(9) below, a suspension shall not exceed in the aggregate thirty (30) working

days in one calendar year.

(b) Good cause for disciplinary action against an Arraignment Court Magistrate shall be a just cause, including but

not limited to:

(1) Insubordination;

(2) Habitual lateness in reporting for work;

(3) Misconduct amounting to violation of law, Arraignment Court Magistrate Rules or orders of the Municipal

Court President Judge or his designee;

(4) Intoxication while on duty;

(5) Conduct involving dishonesty, fraud, deceit or misrepresentation;

(6) Conduct while on or off duty that is unbecoming to an Arraignment Court Magistrate of the Municipal

Court;

(7) Any other reason related to the inefficiency, inadequacy or misconduct of the Arraignment Court

Magistrate;

(8) Formal charges against an Arraignment Court Magistrate of criminal conduct which relates to his

employment as an Arraignment Court Magistrate or which constitutes a felony or misdemeanor; or

(9) Initiation of removal procedures under Chapter XII of these rules

Sec. 11.01. Discipline Procedure

(a) No Arraignment Court Magistrate shall be disciplined unless he has received written notice of such discipline

from the Municipal Court President Judge or his designee. The notice shall set forth the ground or grounds for

discipline and disciplinary action.

(b) Except for violations of § 11.00(b)(8) or § 11.00(b)(9), the Municipal Court President Judge or his designee may

suspend an Arraignment Court Magistrate for just cause for no more than ten (10) working days. The procedure for

this suspension will conform with (a) above. There is no appeal from this suspension.

case of indefinite suspension under § 11.00(b)(8) or § 11.00(b)(9), appeal in writing to the President Judge. Upon

receipt of such notice of appeal, the President Judge shall schedule and hold a hearing and provide the Arraignment

Court Magistrate with at least seven calendar days’ notice of such hearing. In attendance at the hearing shall be the

President Judge, his designee, and the Arraignment Court Magistrate. The Arraignment Court Magistrate may in

addition be represented by an attorney licensed to practice law. As soon as is practicable after the hearing, the

President Judge shall report in writing his conclusions, grounds for discipline (if any) and disciplinary actions (if

any) to the Municipal Court Administrator and Arraignment Court Magistrate.

(d) The Arraignment Court Magistrate shall have no right of appeal with respect to the conclusions, grounds for

discipline, or disciplinary measures imposed by the President Judge.

Sec. 12.00. Removal for Good Cause

An Arraignment Court Magistrate shall be removed only for good cause as defined in Section 11.00(b)(1), (2), (3),

(4), (5), (6), (7), or (8).

Sec. 12.01. Removal Procedure

(a) A President Judge who reasonably suspects that good cause exists for removal of an Arraignment Court

Magistrate shall appoint a five member panel comprised of active members of the Municipal Court Board of Judges

to determine whether prima facie evidence of good cause exists for removal. Before rendering its decision, the panel

shall afford the Arraignment Court Magistrate an opportunity to appear before the panel. The panel shall provide the

Arraignment Court Magistrate at least seven days’ notice of such hearing. The Arraignment Court Magistrate may

be represented at the hearing by an attorney licensed to practice law. The panel shall send notice of its decision and,

if necessary, the ground or grounds for determining that prima facie evidence of good cause exists for removal to the

President Judge or his designee.

(b) The panel's decision that good cause does not exist for removal of the Arraignment Court Magistrate shall

terminate proceedings under this Chapter, but it shall not prevent the President Judge or his designee from

proceeding under Chapter XI of these rules relating to suspension of Arraignment Court Magistrates.

(c)(1) Upon the panel's finding that good cause exists for the Arraignment Court Magistrate's removal, the President

Judge or his designee shall schedule a hearing in front of the Municipal Court Board of Judges. The Arraignment

Court Magistrate shall be provided with at least seven calendar days’ notice of such hearing. No Judge who served

on the five member good cause panel shall participate in this hearing or in the subsequent removal voting process. In

attendance at this hearing shall be the President Judge, the Municipal Court Administrator, a quorum of the

Municipal Court Board of Judges entitled under this subsection to participate in the hearing and voting process and

the Arraignment Court Magistrate. The Arraignment Court Magistrate may in addition be represented by an attorney

licensed to practice law.

(2) The Municipal Court President Judge shall act as prosecutor against the Arraignment Court Magistrate at this

hearing. The President Judge shall prosecute the Arraignment Court Magistrate upon all grounds which the seven

member panel has determined that prima facie evidence of good cause exists for removal. At the conclusion of the

President Judge's case, the Arraignment Court Magistrate shall be afforded the opportunity to present his case. At

the conclusion of the hearing, outside the presence of the Arraignment Court Magistrate, the Board of Judges shall

determine by a majority of the quorum present whether to remove the Arraignment Court Magistrate. The President

Judge shall not vote or be present during the voting process. The President Judge shall appoint a member of the

Board of Judges as soon as is practicable after the conclusion of the hearing, the Board of Judges shall report in

writing to the President Judge, Municipal Court Administrator and Arraignment Court Magistrate its decision and, if

necessary, the ground or grounds for removal.to preside over the deliberations of the voting process. Proxy vote

shall not be admissible during the voting process. A tie in the vote of the quorum shall result in the Arraignment

Court Magistrate's removal. As soon as is practicable after the conclusion of the hearing, the Board of Judges shall

report in writing to the President Judge, Municipal Court Administrator and Arraignment Court Ma gistrate its

decision and, if necessary, the ground or grounds of removal.

Appendix A. Philadelphia Municipal Court Application for Appointment as Arraignment Court Magistrate

of Philadelphia Municipal Court

PERSONAL DATA QUESTIONNAIRE

Please Note: Submission of this Questionnaire creates a continuing obligation to provide the Arraignment Court

Magistrate Selection Panel with any relevant and/or material facts arising after the Questionnai re is submitted.

1. Please state your full name.

2. Please attach a recent photograph of yourself. (Optional)

3. State both your office and home addresses. Your home address must be a bona fide city residence for a period of

at least one year prior to this date.

4. Give the date and place of your birth.

5. If you are a naturalized citizen, please give the date and place of naturalization.

6. Indicate your marital status; if married, the name of your spouse, and names of your children.

7. List each college and graduate law school you attended, including the dates of attendance, the degree awarded and

your reason for leaving each school if no degree from that institution was awarded. Indicate class standing or general

averages at college and law school. List course failures and scholastic honors.

(PARAGRAPHS 8 THROUGH 13 TO BE COMPLETED BY LAWYERS ONLY)

8. List all courts in which you are at present admitted to practice, including the dates of admission in each case. Give

the same information for administrative bodies having special admission requirements.

9. Are you actively engaged in the practice of law at the present time? If you are connected with a firm, please state

its name and indicate the nature and duration of your relationship.

10. If in the past you have practiced in other localities or have been connected with other firms, please give the

particulars, including the locations, the names of the firms and your relationships thereto, and the relevant dates.

Indicate also any period in the past during which you practiced alone.

11. What is the general character of your practice? Indicate the character of your typical clients and mention any

legal specialties which you possess. If the nature of your practice has been substantially different at any time in the

past, give the details, including the character of such and the periods involved.

12. a. Do you regularly appear in Court?

b. What percentage of your appearance in the last five years was in:

(1) Federal Court

(2) State Courts of Record

(3) Other Courts

c. What percentage of your litigation in the last five years was:

(1) Civil

(2) Criminal

d. State the number of cases for which you have been responsible during each of the past five years, indicating

whether you were sole, associate, or chief counsel; how many of the cases were tried to co nclusion in Court of

record, and in general, the stages at which the others were disposed. Give any facts you consider significant in

an appraisal of your experience in courts of record.

e. Describe five of the more significant litigated matters which you handled and give the citations if the cases

were reported. Include the name of the Trial Judge and opposing counsel in each case listed which has been

completed within the last five years.

13. Summarize your experience in court prior to the last five years. If during any prior periods you appeared in court

with greater frequency than during the last five years, or in different types of litigation, or if the percentages given in

your answer to 12a., b., c., varied substantially during such prior periods, ind icate the periods during which this was

done and give for such prior periods the same data which was requested in Question 12.

14. Have you ever been engaged in any occupation, business, or profession other than the practice of law? If so,

please give the details, including dates.

15. If you are now an officer or director of any business organization or otherwise engaged in the management of

any business enterprise, please give details, including the title of your position, the nature of your duties, and t he

terms of your service. If it is not your intention to resign such position and give up any other participation in the

management of any of the foregoing business enterprises in the event of appointment as an Arraignment Court

Magistrate, please so state, giving reasons.

16. Have you ever held judicial office? If so, please state the courts and the periods of service.

17. Have you ever held public office, other than judicial office, or have you ever been a candidate for such an

office? If so, give the details, including the offices involved, whether elected or appointed, and the length of your

service.

18. Have you ever been arrested, charged, or held by Federal, State, or other law-enforcement authorities for

violation of any Federal law, State law, county or municipal law, regulations or ordinance? If so, please give details.

Do not include summary traffic violations.

19. Have you ever been sued? If so, please give particulars.

20. Have you ever been a party to or personally involved in any legal proceeding, or named as a co-conspirator? If

so, give the particulars.

21. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by, or been the subject

of a complaint to any Court, administrative agency, bar association, disciplinary committee, or other professional

group? If so, please give the particulars.

22. Do you authorize the Arraignment Court Magistrate Selection Panel to examine any records pertaining to you

relating to your education, practice, employment or criminal record?

23. a. What is the present state of your health?

b. If you have been hospitalized or prevented from working due to injury or illness or otherwise incapacitated for a

period in excess of ten days, please give the particulars, including the causes, the dates, the places of

confinement, the present status of the condition which caused the confinement or incapacitation.

c. Do you suffer from any impairment of eyesight or hearing or any other physical handicap? If so, please give

details.

24. Have you published any books or articles? If so, please list them, giving the citations and dates.

25. List any honors, prizes, awards, or other forms of recognition which you have received.

26. List all bar associations and professional and non-professional societies and organizations of which you are a

member and give the titles and dates of any offices which you have held in such groups. Include chairmanship of

any committee which you consider of particular significance.

27. State any other information which you regard as pertinent.

28. Kindly date and sign your name at the conclusion of your answers.

Date: __________________________________

Signature

WAIVER

To: The Disciplinary Board of the Supreme Court of Pennsylvania and/or

The Ethics Commission of the Commonwealth of Pennsylvania and/or

The City of Philadelphia.

I hereby authorize you to supply any information you may have about me to the Arraignment Court Magistrate

Selection Panel of the Philadelphia Municipal Court.

I understand that failure to comply with the signing of this waiver will prohibit the Panel from making a favorable

recommendation with respect to my candidacy.

Sincerely,

Date: ___________________________________

Signature

Appendix B.

Oath of Office

I, ________________________, appointed to the office of Arraignment Court Magistrate for the Philadelphia

Municipal Court, First Judicial District of Pennsylvania, do solemnly swear (or affirm) that I will support, obey and

defend the Constitution of the United States, the Constitution of Pennsylvania, and that I will perform the duties of

my office with fidelity.

Sworn (or affirmed) and

subscribed before me the

___ day of __________ A.D., 20___.

__________________________________

President Judge

Provenance

Source: courts.phila.gov
Retrieved: 2026-09-30
Edition: 2026-09-30
Content hash: 25a3a4f500cd541eb2c2068327d581b848caf1d42d20eabdf41d61381925b6ea

View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs