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HomeMy WebLinkAboutRule 39-210. Arrest Warrants Rule 39-210. Arrest Warrants. Application A.. The Court hereby designates the Magisterial District Judges th of the 39 Jud. Dist. As issuing authorities pursuant to Pa. R.J.C.P. 210(A) with authority to issue arrest warrants pursuant to the procedures set in Pa. R.J.C.P. rules 210 through 213. An application for an arrest warrant shall be made by submitting a written allegation supported by a probable cause affidavit with an issuing authority. Continuous coverage B.. To ensure sufficient availability of issuing authorities to provide the services required by this rule: 1.In both branches of the 39th Judicial District of Pennsylvania, all Magisterial District Judge offices shall be open for regular business on Mondays through Fridays, excluding holidays, from 8:30 a.m. to 4:30 p.m., prevailing time. 2.Magisterial District Judges shall be available twenty-four hours per day, every day of the calendar year, to provide continuous coverage for the issuance of arrest warrants pursuant to this rule. The Magisterial Judges shall satisfy this rule by remaining "on-call" during non-regular business hours on a rotating basis pursuant to a schedule prepared by the District Court Administrator and approved by the President Judge. The "on-call" schedule for each year shall be filed with the Clerk of Courts and be available for public inspection, as well as distributed and publicized pursuant to the order of the President Judge. 3.This designation of Magisterial District Judges as issuing authorities pursuant to Rule 210(A) of the Pa.R.J.C.P. does not supplant but is in addition to the authority of the President Judge and the other Judges of the Court of Common Pleas to issue warrants pursuant to Pa.R.J.C.P. 210(A) as may be necessary. Comments: The purpose of this rule is carry out the requirements of Pa. R.J.C.P. 210(A) which requires, the “president judge shall ensure twenty-four hour availability of a designated issuing authority.” This rule is intended to supplement the duties of the “on-call” magistrate as delineated by 39th Jud. Dist. R. Crim. P. 117. The “on-call” magistrate shall be charged with carrying out the requirements of this rule and 39th Jud. Dist. R. Crim. P. 117. 1