York Cnty. Pa. 800

As amended through April 1, 2024
Rule 800 - Magisterial District Judges, Offices and Bench Warrants
(A) Regular Business Hours of Magisterial District Judges:
(1) The offices of a Magisterial District Judge shall be open throughout the year, excluding any court holidays, for at least a total of 35 hours per week and on at least four weekdays, shall be open between the hours of 8:30 a.m. and 4:00 p.m., unless a different schedule is specifically approved by the President Judge.
(2) Magisterial District Judges shall submit their proposed yearly schedule of office hours to the President Judge for approval prior to December 1 of the preceding year, unless there are no changes from the preceding year, and shall post the schedule at least annually in a conspicuous place at the office, pursuant to Rule 103 of the Pennsylvania Rules of Conduct for Magisterial District Justices. Schedules of office hours of all Magisterial District Judges shall also be maintained in the office of the District Court Administrator.
(3) Applications for a change in office hours from those previously approved shall be made to the President Judge, through the District Court Administrator, prior to any change being instituted. Any changes in office hours, whether temporary or permanent, shall be maintained in the District Court Administrator's office and shall be conspicuously posted at the Magisterial District Court to be visible from the outside.
(B) Availability of Magisterial District Judges During Regular Business Hours:
(1) Magisterial District Judges shall be available to conduct judicial business during regular business hours, without unnecessary delay.
(2) Should a Magisterial District Judge for a particular district not be available during regular business hours, any matter requiring immediate judicial attention shall be referred to the nearest available Magisterial District Judge.
(3) A Magisterial District Judge may designate the personnel in that office to make a referral and designate the manner of referring matters to the nearest available Magisterial District Judge.
(4) A Magisterial District Judge shall inform the District Court Administrator, and York County E-911, as soon as reasonably practical, of that Magisterial District Judge's scheduled or unscheduled unavailability during regular business hours.
(C) Availability of Magisterial District Judges After Regular Business Hours:
(1) A Magisterial District Judge, known as the "Duty MDJ" shall be on continuous duty after regular business hours for the purpose of conducting judicial business requiring immediate attention, without unnecessary delay.
(a) The District Court Administrator shall designate and publish the annual schedule of Duty MDJs prior to November 1 of the preceding year.
(b) A Duty MDJ who is scheduled for a particular time may exchange duty times with another Magisterial District Judge, and shall make such change known to the District Court Administrator and York County E-911 as soon as is reasonably practical.
(2) An office, known as a "Duty Office" shall be maintained for the Duty MDJ to conduct judicial business after regular business hours.
(a) Such office may be at a "central booking" facility, or another office suitable for the conduct of judicial business after hours.
(b) Such office shall be equipped with suitable electronic communications to enable simultaneous visual and audio communication with the York County Prison and a Duty MDJ.
(3) The Duty MDJ shall be available at all times when assigned after regular business hours to conduct judicial business without unnecessary delay.
(a) At a minimum, the Duty MDJ shall convene court at 8:00 a.m. and 8:00 p.m. each day to preside over preliminary arraignments and other matters for individuals detained in the central booking facility.
(b) If the Duty MDJ consents to the electronic application of his or her signature by central arraignment court staff on all required documents, such judicial business, including but not limited to preliminary arraignments, setting and posting of bail, and processing individuals arrested or otherwise detained, may be conducted by the Duty MDJ from a remote location by suitable electronic communication which provides for document preparation and exchange, as well as simultaneous audio and visual contact between the Duty MDJ and the Duty Office or central booking facility. If the Duty MDJ does not consent to the electronic application of his or her signature by central arraignment court staff on all required documents, the Duty MDJ shall physically appear at the Duty Office or central booking facility to preside and sign documents.
(D) Bench Warrants Issued by Magisterial District Judges:
(1) Hearings for individuals arrested on bench warrants issued by a Magisterial District Judge shall be heard by the Magisterial District Judge who issued the bench warrant.
(2) In the event that an individual has been arrested on more than one bench warrant issued by different Magisterial District Judges, the individual may be taken before any Magisterial District Judge who issued a warrant, who may conduct a hearing on all the bench warrants pursuant to which the individual was arrested.
(3) Individuals arrested on bench warrants for "failure to pay" issued by one or more Magisterial District Judges after normal business hours may be released at any time upon full payment.

York Cnty. Pa. 800

Amended effective through 4/1/2024.