Leh. Cnty. Pa. 506

As amended through February 1, 2020

Rule 506 - Private Criminal Complaints

(a) If the attorney for the Commonwealth disapproves a private criminal complaint, the affiant may file a Petition with the Clerk of Courts-Criminal captioned with the name of the affiant, and not the name of the alleged Defendant, for review by the Court..

(b) Such filing shall consist solely of the Petition, a copy of the disapproved criminal complaint and the affidavit(s) of probable cause previously submitted to the attorney for the Commonwealth, together with a copy of the attorney for the Commonwealth's statement of reasons for disapproval if such statement is not contained on the face of the complaint.

(c) Upon the receipt of such filing, the Clerk of Courts-Criminal shall forthwith notify the attorney for the Commonwealth in writing of the filing and that he has ten (10) days from the date of said notification within which to present to the Judge assigned to review the Petition, for the latter's confidential review, any investigative reports which the attorney for the Commonwealth may deem relevant to approval or disapproval of the complaint. The Court shall thereafter review the filing and any material submitted by the attorney for the Commonwealth and enter an order approving or disapproving the private criminal complaint.

(d) If the private criminal complaint is approved, the Clerk of Courts-Criminal shall give written notice to the attorney for the Commonwealth and the affiant of the decision and transmit the complaint to the appropriate issuing authority. If the private criminal complaint is disapproved written notice thereof shall be given as aforesaid and the complaint shall be returned to the affiant.

Leh. Cnty. Pa. 506

Amended effective 12/1/2015; revised effective 2/1/2020.

This Rule is intended to supplement Pa.R.Crim P. 506(B)(2) by providing a procedure for filing and review of disapproved private criminal complaints. The affiant or the affiant's attorney must file a Petition with the Clerk of Courts -Criminal accompanied by the complaint and affidavits previously acted upon by the attorney for the Commonwealth, as well as a copy of the reasons for disapproval if those reasons are contained on a document other than the complaint itself. The Caption of the Case shall read: "In re: Private Criminal Complaint filed by (Affiant's Name)." The name of the alleged Defendant shall not appear in that caption. The Clerk of Courts-Criminal shall advise the attorney for the Commonwealth of the filing of these documents with the Court. Reference on that notice should be made to the attorney for the Commonwealth's case number (such as "D.A. 04 -101") which appears on the complaint form in the incident number block. The attorney for the Commonwealth is allowed ten (10) days after receipt of this notice to file a copy of any investigative material generated by or for the Office of the Attorney for the Commonwealth, if desired. The Rule contemplates that this investigative material remain confidential, and that the attorney for the Commonwealth will notify the Court if nothing is to be filed by his office. "... the trial court may review all evidence that the district attorney considered in making her decision and is not limited to reviewing the four corners of the private criminal complaint." In re: Private Complaint of Adams, 764 A.2d 577, 578 (Pa. Super. 2000). No hearing is provided for by this Rule, nor is one legally required. Piscanio Appeal, 344 A.2d 658, 661, n.5 (Pa. Super.1975).

The standard for review is not the existence of probable cause, but rather whether there has been a gross abuse of discretion. Commonwealth v. Eisemann, 419 A.2d 591, 593 (Pa. Super. 1980). "[A] trial court should not interfere with a prosecutor's policy-based decision to disapprove a private complaint absent a showing of bad faith, fraud, or unconstitutionality." Commonwealth v. Brown, 708 A.2d 81, 84 (Pa. 1998).

Where the district attorney's denial is based on a legal evaluation of the evidence, the trial court undertakes a de novo review of the matter. Commonwealth v. Cooper, 710 A.2d 76 (Pa.Super.1998). Where the district attorney's disapproval is based on policy considerations, the trial court accords deference to the decision and will not interfere with it in the absence of bad faith, fraud or unconstitutionality. Id. at 79. In the event the district attorney offers a hybrid of legal and policy reasons for disapproval, deference to the district attorney's decision, rather than de novo review, is the appropriate standard to be employed." In re: Private Complaint of Adams, 764 A.2d 577, 579 (Pa. Super. 2000)

This Rule in its basic form was adopted in 1981 and published in 11 Pa.B. 1316 (April 18, 1981). The Comment has been expanded based upon more recent case law.