York Cnty. Pa. 150

As amended through April 1, 2024
Rule 150 - Bench Warrants
(A) Bench Warrants Issued by Judge of Court of Common Pleas.
(1) Hearings for individuals arrested on bench warrants issued by a Judge of the Court of Common Pleas shall be heard by the Judge who issued the bench warrant, if that Judge is available and is still assigned to the criminal division.
(2) In the event that an individual has been arrested on more than one bench warrant issued by different Judges of the Court of Common Pleas, the individual may be taken before any Judge who issued a warrant, who shall conduct a hearing on all of the bench warrants pursuant to which the individual was arrested.
(3) In the event the Judge or Judges who issued a bench warrant are unavailable to conduct a hearing within the time limits set forth in Pa.R.Crim.P. 150, then the hearing shall be conducted by the designated "Duty Judge."
(a) The District Court Administrator shall maintain a list of "Duty Judges" which shall be updated from time to time and circulated among the Judges of the Court of Common Pleas of York County. The District Court Administrator shall assign such hearings to the appropriate Judge from that list if the issuing Judge is not available.
(b) A Judge who is "on duty" for the designed time period shall ensure his or her availability or the availability of another Common Pleas Judge, during normal Court business hours, for the purpose of conducting these hearings and for addressing other matters which may need the attention of the Court and for which the Judge ordinarily assigned to a matter may not be available.
(4) At the conclusion of the bench warrant hearing following the disposition of the matter, the Judge shall immediately vacate the bench warrant, using an ORDER which shall be substantially in the form as prescribed by the President Judge or designee.
(B) 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, or the Magisterial District Judge currently presiding in the magisterial district.
(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 of the bench warrants pursuant to which the individual was arrested.
(3) In the event that the Magisterial District Judge or Judges who issued a bench warrant are unavailable to conduct a hearing within the time limits set forth in Pa.R.Crim.P. 150, or if an individual is arrested after normal business hours on a bench warrant, then the matter or matters shall proceed pursuant to York R.Crim.P. 117.
(C) Release of Individual Not Applicable to Warrants Issued in Parole/Probation Proceedings. An individual arrested as a result of a bench warrant issued in connection with a parole or probation proceeding shall not be released upon the expiration of seventy-two (72) hours without further court order, regardless of whether that individual had a hearing on the bench warrant.

York Cnty. Pa. 150

Amended effective through 1/24/2022.