Rule 117 - Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail1. In order to comply with the specific coverage requirements of Pa.R.Crim.P. 117(A)(1), (2) and (3), the following schedule for coverage is adopted: (a) All Magisterial District Courts shall be open to the public Mondays through Fridays, during published business hours approved by the President Judge, excluding official County Holidays.(b) Magisterial District Judges shall provide after-hours coverage by utilizing an on-call system that is established and published by the Minor Judiciary Administrator with the approval of the President Judge.(c) During times other than those published pursuant to Subsections (a) and (b) above, the designated on-call Magisterial District Judge shall inform the police radio room where they may be reached at all times. The Minor Judiciary Administrator, with the approval of the President Judge, shall establish an on-call duty schedule for Magisterial District Judges for after-hours coverage.2. Bail Before Verdict. (a) In compliance with Pa.R.Crim.P. 520(B), which permits a defendant to be admitted to bail on any day and at any time: (i) During regular business hours, published pursuant to Paragraph 1(a) above, bail shall be posted at the issuing Magisterial District Judge's Office provided that the case has not been held for court and that bail has not been previously modified by the Court of Common Pleas. If the case has been held for court or bail has been previously modified by the Court of Common Pleas, then bail shall be posted at the Clerk of Courts.(ii) During on-call hours, published pursuant to Paragraph 1(b) above, bail shall be posted at the on-call Magisterial District Judge's Office, if the case has not been held for court or modified by the Court of Common Pleas.(iii) During times other than those published pursuant to Paragraphs 1(a) and (b) above, the Bail Administrator or his/her correctional officer designee, shall be authorized to accept monetary bail at the Chester County Prison in accordance with the provisions, and subject to the limitations of Pa.R.Crim.P. 117(C) and Pa.R.Crim.P. 520. The Bail Administrator or his/her correctional officer designee shall be permitted to perform the following: accept the bail deposit, have the defendant sign the bail bond, release the defendant and deliver the bail deposit and bail bond to the issuing authority or the Clerk of Courts on the next business day. Any person intending to post bail at the Chester County Prison shall, prior to any payment, contact the Chester County Prison by telephone to allow prison personnel to initiate the required pre-release records/detainers check.
Chest. Cnty. Ct. Comm. Plea. R. 117
Adopted July 28, 2006, effective 8/1/2006; amended effective 6/21/2021; amended effective 2/1/2024.Comment: This Rule incorporates and replaces District Court Regulation No. 175-2005.