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.
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