AND NOW, this 4th day of January, 2016, in order to implement the Local Rules of Court relating to actions for mental disability and intellectual disability, it is hereby

ORDERED and DECREED that JENNY Y. C. CHENG, Esquire and ADAM R. WEAVER, Esquire are hereby APPOINTED as MENTAL HEALTH REVIEW OFFICERS MENTAL HEALTH REVIEW OFFICERS effective January 1, 2016 until December 31, 2016 for Mental Disability and Intellectual Disability proceedings for Carbon County residents and for such proceedings held in Carbon County for non-residents of Carbon County. The appointments shall alternate every two (2) months as follows

January & February: Adam Weaver, Esquire

March & April: Jenny Y. C. Cheng, Esquire

May & June: Adam Weaver, Esquire

July & August: Jenny Y. C. Cheng, Esquire

September & October: Adam Weaver, Esquire

November & December: Jenny Y. C. Cheng, Esquire

BY THE COURT:

______________________________

ROGER N. NANOVIC, P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION

IN RE: APPOINTMENT OF :

CUSTODY HEARING OFFICERS : NO. 16-0003

FOR 2016 :

ADMINISTRATIVE ORDER 3-2016

AND NOW, this 4th day of January, 2016, in order to implement the Local Rules of Court relating to actions for child custody and visitation, it is hereby

ORDERED and DECREED that SAMUEL F. FELDMAN, Esquire and EILEEN M. DIEHL, Esquire be and are hereby APPOINTED CUSTODY HEARING OFFICERS for visitation and custody proceedings effective January 1, 2016 until December 31, 2016. The Custody Hearing Officers shall be compensated at the rate of FIFTY DOLLARS ($50.00) for each Preliminary Conference actually conducted resulting in the filing of an interim order and SEVENTY-FIVE DOLLARS ($75.00) per hour for each Final Hearing actually conducted where a final order is disposing of the case.

BY THE COURT:

______________________________

ROGER N. NANOVIC, P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

IN RE: SUMMONING OF JURORS :

: No. CP-13-AD-0000001-2016

FOR CARBON COUNTY :

JURY SELECTION :

ADMINISTRATIVE ORDER 4-2016

AND NOW, this 4th day of January, 2016, pursuant to 42 Pa.C.S.A. 4531, it is hereby

ORDERED and DECREED, that Court Administration, effective immediately, SHALL SELECT at random from the Master List of prospective jurors three hundred fifty (350) names for the scheduled Terms of Court for 2016 with the exact number of jurors reporting to be determined by the Court prior to the beginning of trials.

BY THE COURT:

ROGER N. NANOVIC, P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION – LAW

IN RE: APPOINTMENT OF :

: NO. 16-0004

BOARD OF VIEWERS :

ADMINISTRATIVE ORDER NO. 5-2016

AND NOW, this 4th day of January, 2016, by the authority vested in this Court under the provisions of the Judicial Code, 42 Pa.C.S.A. 2142, it is hereby

ORDERED and DECREED that the following shall be the members of the CARBON COUNTY BOARD OF VIEWERS, to serve for a term of THREE (3) YEARS, effective January 1, 2016 to December 31, 2018:

ANTHONY ROBERTI, ESQUIRE

56 Broadway

Jim Thorpe, PA 18229

WILLIAM E. MCDONALD, ESQUIRE

113 West Ridge Street

P.O. Box 130

Lansford, PA 18232

GERALD F. STRUBINGER, JR., ESQUIRE

505 Delaware Avenue

Palmerton, PA 18071

GAIL A. CHRISTMAN

157 South First Street

Lehighton, PA 18235

VINCENT F. GILOTTI

735 Overlook Road

Lehighton, PA 18235

RENE J. FOUGERAY, JR.

Evergreen Real Estate

801 Interchange Road

Lehighton, PA 18235

EVA M. DUGAN

5660 Interchange Road

Lehighton, PA 18235

JAMES A. CHRISTMAN

362 Delaware Avenue

Palmerton, PA 18071

BY THE COURT:

_________________________

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION – LAW

IN RE: APPOINTMENT OF :

: NO. 16-0004

BOARD OF VIEWERS :

AMENDED ADMINISTRATIVE ORDER NO. 5-2016

AND NOW, this 28th day of January, 2016, by the authority vested in this Court under the provisions of the Judicial Code, 42 Pa.C.S.A. 2142, it is hereby

ORDERED and DECREED that the following shall be the members of the CARBON COUNTY BOARD OF VIEWERS, to serve for a term of THREE (3) YEARS, effective January 1, 2016 to December 31, 2018:

ANTHONY ROBERTI, ESQUIRE

56 Broadway

Jim Thorpe, PA 18229

WILLIAM E. MCDONALD, ESQUIRE

113 West Ridge Street

P.O. Box 130

Lansford, PA 18232

GERALD F. STRUBINGER, JR., ESQUIRE

505 Delaware Avenue

Palmerton, PA 18071

GAIL A. CHRISTMAN

157 South First Street

Lehighton, PA 18235

CARLENE ANDRESS

Andress Appraisals

517 Delaware Avenue

Palmerton, PA 18071

RENE J. FOUGERAY, JR.

Evergreen Real Estate

801 Interchange Road

Lehighton, PA 18235

EVA M. DUGAN

5660 Interchange Road

Lehighton, PA 18235

JAMES A. CHRISTMAN

362 Delaware Avenue

Palmerton, PA 18071

BY THE COURT:

_________________________

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION - LAW

IN RE: APPOINTMENT OF :

: NO. 16-0004

BOARD OF VIEWERS :

SECOND AMENDED

ADMINISTRATIVE ORDER NO. 5-2016

AND NOW, this 24th day of July, 2018, by the authority vested in this Court under the provisions of the Judicial Code, 42 Pa.C.S.A. 2142, it is hereby

ORDERED and DECREED that the following shall be the members of the CARBON COUNTY BOARD OF VIEWERS effective from July 17, 2018 until December 31, 2018:

ANTHONY ROBERTI, ESQUIRE

56 Broadway

Jim Thorpe, PA 18229

WILLIAM E. MCDONALD, ESQUIRE

113 West Ridge Street

P.O. Box 130

Lansford, PA 18232

GERALD F. STRUBINGER, JR., ESQUIRE

505 Delaware Avenue

Palmerton, PA 18071

MICHAEL J. GARFIELD, ESQUIRE

2588 State Route 903

P.O. Box 609

Albrightsville, PA 18210

GAIL A. CHRISTMAN

157 South First Street

Lehighton, PA 18235

CARLENE ANDRESS

Andress Appraisals

517 Delaware Avenue

Palmerton, PA 18071

JAMES A. CHRISTMAN

362 Delaware Avenue

Palmerton, PA 18071

BY THE COURT:

_________________________

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION - LAW

IN RE: APPOINTMENT OF :

: NO. 16-0004

BOARD OF VIEWERS :

THIRD AMENDED

ADMINISTRATIVE ORDER NO. 5-2016

AND NOW, this 10th day of December, 2018, by the authority vested in this Court under the provisions of the Judicial Code, 42 Pa.C.S.A. §2142, it is hereby

ORDERED and DECREED that the following shall be the members of the CARBON COUNTY BOARD OF VIEWERS effective from December 10, 2018 until December 31, 2018:

ANTHONY ROBERTI, ESQUIRE

56 Broadway

Jim Thorpe, PA 18229

WILLIAM E. MCDONALD, ESQUIRE

113 West Ridge Street

P.O. Box 130

Lansford, PA 18232

GERALD F. STRUBINGER, JR., ESQUIRE

505 Delaware Avenue

Palmerton, PA 18071

MICHAEL J. GARFIELD, ESQUIRE

2588 State Route 903

P.O. Box 609

Albrightsville, PA 18210

GAIL A. CHRISTMAN

157 South First Street

Lehighton, PA 18235

CARLENE ANDRESS

Andress Appraisals

517 Delaware Avenue

Palmerton, PA 18071

JAMES A. CHRISTMAN

362 Delaware Avenue

Palmerton, PA 18071

JIM SHOBER

903 Appraisal Service

670 E White Bear Drive

Summit Hill, PA 18250-1725

BY THE COURT:

_________________________

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

CRIMINAL DIVISION

IN RE: HOURS OF OPERATION :

: NO. 16-0005

IN THE MAGISTERIAL : CP-13-AD-0000002-2016

DISTRICT COURTS :

ADMINISTRATIVE ORDER 6-2016

AND NOW, this 4th day of January, 2016, pursuant to Pa.R.J.A. 605 (B) (5) and in connection with the official action taken by the Carbon County Commissioners on January 4, 2016, it is hereby

ORDERED and DECREED that the hours of operation in the Magisterial District Courts 56-3-01, 56-2-02, 56-3-03 and 56-3-04 are CHANGED to 8:00 A.M. to 4:30 P.M., Eastern Standard Time, Monday through Friday, commencing January 1, 2016.

BY THE COURT:

____________________________

ROGER N. NANOVIC, P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

CRIMINAL DIVISION

IN RE: AVAILABILITY AND : NO. 16-0081

TEMPORARY ASSIGNMENTS OF : CP-13-AD-0000003-2016

MAGISTERIAL DISTRICT JUDGES :

ADMINISTRATIVE ORDER 7-2016

AND NOW, this 13^th day of January, 2016, in order to ensure compliance with Pa.R.C.P.M.D.J.112 governing the Rules of Conduct, Office Standards, and Civil Procedure for Magisterial District Judges, Pa.R.Crim.P. 132 governing the Temporary Assignment of Issuing Authorities, Pa.R.C.P. 1901.2 governing Scheduling of Temporary Protection From Abuse matters, Carbon County’s Administrative Order 27-2001 governing when the Court is available to address Temporary Protection From Abuse matters, Carbon County Local Rule CARB.R.C.P. 1901.5 governing Enforcement of Protection From Abuse matters and 35 P.S. § 10225.307 governing Involuntary Intervention by Emergency Court Order under the Older Adult Protective Services Act, it is hereby

ORDERED and DECREED that the schedule attached hereto be and is hereby APPROVED and said attachment SHALL ESTABLISH the on-call schedule and temporary assignments for the Magisterial District Judges of Carbon County for the period of February 1, 2016 through July 31, 2016.

IT IS FURTHER ORDERED AND DECREED that the same Magisterial District Judge temporarily assigned on this schedule SHALL SERVE as the temporary issuing authority during regularly scheduled hours for any Magisterial District Judge unavailable due to duties outside the county, mandatory continuing education classes, illness or vacation.

BY THE COURT:

______________________________

ROGER N. NANOVIC, P.J.

SCHEDULE FOR OTHER THAN REGULARLY SCHEDULED HOURS AND EMERGENCIES FOR CARBON COUNTY MAGISTERIAL DISTRICT JUDGE COURTS 3-1, 3-2, 3-3 AND 3-4 BEGINNING 4:30 P. M. EACH MONDAY AND ENDING THE FOLLOWING MONDAY AT 4:30 P. M.

February 1, 2016

February 8, 2016

February 15, 2016

February 22, 2016

February 29, 2016

March 7, 2016

March 14, 2016

March 21, 2016

March 28, 2016

April 4, 2016

April 11, 2016

April 18, 2016

April 25, 2016

May 2, 2016

May 9, 2016

May 16, 2016

May 23, 2016

May 30, 2016

June 6, 2016

June 13, 2016

June 20, 2016

June 27, 2016

July 4, 2016

July 11, 2016

July 18, 2016

July 25, 2016

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

Court 3-3

Court 3-2

Court 3-4

Court 3-3

Court 3-4

Court 3-2

Court 3-4

Court 3-3

Court 3-2

Court 3-3

Court 3-2

Court 3-4

Court 3-3

Court 3-2

Court 3-3

Court 3-4

Court 3-2

Court 3-3

Court 3-4

Court 3-2

Court 3-3

Court 3-4

Court 3-2

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

IN RE : AMENDMENT OF LOCAL RULES OF :

CIVIL PROCEDURE CARB.R.C.P.1028 (c) :

PRELIMINARY OBJECTIONS, CARB.R.C.P. :

1034(a) MOTION FOR JUDGMENT ON : NO. 16-0382

THE PLEADINGS AND CARB.R.C.P. :

1035.2 (a) MOTION FOR SUMMARY :

JUDGMENT :

ADMINISTRATIVE ORDER NO. 8-2016

AND NOW, this 24th day of February, 2016, it is hereby

ORDERED and DECREED that, effective April 1, 2016, the Carbon County Court of Common Pleas AMENDS Carbon County Rules of Civil Procedure CARB.R.C.P. 1028 (c) governing Preliminary Objections, Carbon County Rule of Civil Procedure CARB.R.C.P. 1034 (a) governing a Motion for Judgment on the Pleadings, and Carbon County Rule of Civil Procedure CARB.R.C.P. 1035.2 (a) governing a Motion for Summary Judgment.

The Carbon County District Court Administrator is ORDERED and DIRECTED to

1. File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts.

2. File two (2) certified copies and one (1) computer diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

3. Publish the Rules on the UJS Portal at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

4. File one (1) certified copy with the Civil Procedural Rules Committee.

5. Forward one (1) copy for publication in the Carbon County Law Journal.

6. Forward one (1) copy to the Carbon County Law Library.

7. Keep continuously available for public inspection copies of the Administrative Order and Rules in the Prothonotary’s Office.

BY THE COURT:

___________________________________

ROGER N. NANOVIC, PRESIDENT JUDGE

RULE 1028(c) - PRELIMINARY OBJECTIONS

1 A proposed order shall be attached to all preliminary objections.

2 The moving party shall simultaneously file a brief in support of the preliminary objections. See CARB.R.C.P.210 for form, content of brief, service and filing requirements.

3 The adverse party shall file an answer when endorsed with a Notice to Plead.

4 If an amended pleading is not filed within twenty (20) days of service of the preliminary objections, the matter shall be decided on briefs unless the assigned Judge requests that argument be scheduled. If a party desires argument, a Praecipe for Argument shall accompany the motion or be filed by the respondent within twenty (20) days of service of the preliminary objections. A respondent briefing schedule will be issued by the Court contemporaneous with the scheduling of argument, if so ordered by the Judge. If the matter is to be decided on briefs, a respondent briefing schedule will be issued.

5 If the Preliminary Objections raise issues of fact not of record, evidence by way of depositions or otherwise shall be filed of record to enable the objections to be properly decided.

Effective July 26, 2004

Revision effective April 1, 2016

RULE 1034(a) - MOTION FOR JUDGMENT ON THE PLEADINGS.

1 A party moving for judgment on the pleadings shall simultaneously file with the motion a proposed order and supporting brief. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon motion of the opposing party. A certificate of service in conformance with Pa.R.C.P.208.2 (a) (5) shall be attached to the motion. Pa.R.C.P.440 governs service. Service shall be required on the District Court Administrator. For form of briefs, see CARB.R.C.P.210.

2 A response shall be filed within twenty (20) days after service of the motion.

3 If a party desires argument, a Praecipe for Argument shall accompany the motion or response. However, the Court may dispose of any motion without oral argument.

4 A respondent briefing schedule will be issued by the Court contemporaneous with the scheduling of any argument ordered by the Judge. If the matter is to be decided on briefs, a respondent briefing schedule will be issued.

5 A party who fails to respond to the motion may be deemed to have no opposition to its grant.

6 A party who fails to file a brief shall not be permitted to argue.

Effective July 26, 2004

Revision effective April 1, 2016

RULE 1035.2(a) – MOTION FOR SUMMARY JUDGMENT

1 A party moving for summary judgment shall simultaneously file with the motion a proposed order and supporting brief. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon motion of the opposing party. A certificate of service in conformance with Pa.R.C.P.208.2 (a) (5) shall be attached to the motion. Pa.R.C.P.440 governs service. Service shall be required on the District Court Administrator. For form of briefs, see CARB.R.C.P.210.

2 Any party opposing the motion shall file a response within thirty (30) days of service of the motion, together with a certificate of service evidencing service in accordance with number one above. Service shall be required on the District Court Administrator. A party who fails to respond to the motion shall be deemed to be unopposed to the granting of the motion without contest.

3 Upon service of the motion and response on the District Court Administrator, the matter shall be decided on briefs unless the assigned Judge orders that argument be scheduled. If a party desires argument, a Praecipe for Argument shall accompany the motion or response. However, the Court may dispose of any motion without oral argument.

4 A respondent briefing schedule will be issued by the Court contemporaneous with the scheduling of any argument ordered by the Judge or requested by the filing of the Praecipe for Argument. If the matter is to be decided on briefs, a respondent briefing schedule will be issued.

5 A party who fails to file a brief shall not be permitted to argue.

Effective July 26, 2004

Revision effective April 1, 2016

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

IN RE: REVISION OF CARBON COUNTY :

LOCAL RULE OF CRIMINAL :

PROCEDURE 117 – COVERAGE: :

ISSUING WARRANTS; : NO. CP-13-AD-0000004-2016

PRELIMINARY ARRAIGNMENTS : (Old No. 103 MI 00)

AND SUMMARY TRIALS; :

AND SETTING AND ACCEPTING :

BAIL :

ADMINISTRATIVE ORDER NO. 9-2016

AND NOW, this 24^th day of February, 2016, pursuant to Pa.R.Crim.P. 117, it is hereby

ORDERED and DECREED, that effective April 1, 2016, the Carbon County Court of Common Pleas REVISES Local Rule of Criminal Procedure CARB.R.Crim.P. 117 governing coverage for issuing warrants, conducting preliminary arraignments and summary trials and setting and accepting bail.

The Carbon County District Court Administrator is ORDERED and DIRECTED to do the following:

1. File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts.

2. File two (2) certified copies, one (1) computer diskette and a copy of the written notification received from the Criminal Procedural Rules Committee with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

3. Publish a copy of this Administrative Order on the Unified Judicial System’s website at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

4. Forward one (1) copy for publication in the Carbon County Law Journal.

5. Forward one (1) copy to the Carbon County Law Library.

6. Keep continuously available for public inspection copies of the Order in the Clerk of Courts’ Office.

BY THE COURT:

ROGER N. NANOVIC, P.J.

RULE 117 COVERAGE: ISSUING WARRANTS; PRELIMINARY ARRAIGNMENTS AND SUMMARY TRIALS; AND SETTING AND ACCEPTING BAIL.

1. Each Magisterial District Court Office shall be open for regular business on Mondays through Fridays, excluding holidays, from 8:00 A.M. to 4:30 P.M., prevailing time, which times may be modified with the approval of the President Judge to meet the needs of the public and the Court.

2. A Magisterial District Judge shall be available on-call at all times of all days without unreasonable delay to provide continuous coverage for the issuance of search warrants and arrest warrants, for the setting and acceptance of bail, and for the issuance of emergency orders under the Protection From Abuse Act, the Act of March 21, 2014, P. L. 365, No. 25 relating to the Protection of Victims of Sexual Violence or Intimidation, and the Older Adult Protective Services Act. This rule shall be satisfied by number 3 and 4 below.

3. The President Judge shall establish the schedule of assignment of Magisterial District Judges to on-call duty for availability on a rotating basis pursuant to a semi-annual/annual schedule prepared by the District Court Administrator. When a Magisterial District Judge who has jurisdiction over a particular matter is unavailable during regular business hours, authority to act is transferred to other Magisterial District Judges in the 56^th Judicial District pursuant to the aforesaid assignment to on-call duty stated above.

4. Magisterial District Judges during regular business hours, an on-call Magisterial District Judge while on-call, the Clerk of Courts during business hours and the Warden, or in his absence, the Deputy Warden or Sergeant in charge of the Carbon County Correctional Facility, shall be authorized to accept bail in accordance with the provisions, and subject to the limitations of the Pennsylvania Rules of Criminal Procedure.

5. A Magisterial District Judge assigned to on-call duty shall be available for preliminary arraignments in accordance with the following schedule:

A. For arrests occurring after the close of regular business hours but before 8:00 P.M., and for arrests occurring on weekends or holidays between 8:00 A.M. and 8:00 P.M., the Magisterial District Judge shall respond to the call and conduct a preliminary arraignment utilizing the on-screen video arraignment connection between the police station and the Magisterial District Court prior to detention at the Carbon County Correctional Facility. Scheduling of the arraignment shall be initiated by the arresting officer contacting the Comm. Center by telephone and requesting an arraignment. Arraignments shall be scheduled whenever:

1. The defendant is arrested pursuant to a warrant, and

2. In those circumstances where an arrest has been made without a warrant and for which the defendant is to be afforded a preliminary arraignment without unnecessary delay, (See Pa.R.Crim.P. 519), after the completion of the criminal complaint.

B. For arrests occurring after 8:00 P.M. but before 8:00 A.M. on weekends or holidays, and before 8:00 A.M. on weekdays, preliminary arraignments shall be scheduled as follows:

1. For arrests pursuant to a warrant and those arrests requiring preliminary arraignment pursuant to Pennsylvania Rule of Criminal Procedure 519, the arresting agency, including the state police, municipal police or sheriff, is authorized to detain the prisoner at the Carbon County Correctional Facility until 8:00 A.M. the following morning. For Defendants so detained, the on-call Magisterial District Judge shall appear in person or by advanced communication technology at the Carbon County Correctional Facility at 8:00 A.M. to preside at the Preliminary Arraignment. The on-call Magisterial District Judge shall contact the Carbon County Correctional Facility no later than 7:30 A.M. to determine whether any Defendants are so detained.

2. Prior to detaining a prisoner at the Carbon County Correctional Facility under this Rule, the arresting agency shall contact the facility to ascertain that adequate detention facilities are available for temporary detention in accordance with this Rule. If no detention facilities are available at the facility, the arresting agency shall notify the on-call Magisterial District Judge through the Communication Center of that fact and a preliminary arraignment shall be required prior to detention or commitment to Prison.

3. The arresting agency detaining the Defendant shall provide the Magisterial District Judge with copies of the Criminal Complaint, of the Affidavit of Probable Cause in support thereof, and a copy of the Bail Information Sheet for Overnight Arraignments regarding the defendant’s criminal record and flight risk, and the officer’s bail recommendation, by depositing the same at the Carbon County Correctional Facility and faxing copies to the Magisterial District Court Office. The arresting agency shall be responsible to deliver or mail within twenty-four (24) hours all original documents to the Magisterial District Court office who issued the warrant or within whose jurisdiction the offense occurred.

4. The arresting officer(s) need not appear at the Preliminary Arraignment provided the documents identified in paragraph (B) (3) are provided. In the alternative, the arresting officer may appear at the Preliminary Arraignment in lieu of prior submission of these documents; however, no person shall be detained under this rule without the completion and submission of a completed criminal Complaint and Affidavit of Probable Cause. A copy shall be delivered to the Carbon County Correctional Facility and a copy faxed to the Magisterial District Court office for the Judge’s use.

5. The provisions of this Rule allowing for temporary detention of prisoners shall not apply to the performance of any other duties of the on-duty Magisterial District Judge during the hours of 8:00 P.M. to 8:00 A.M.

6. The Carbon County Correctional Facility shall identify a detention area for prisoners so detained in accordance with the Standard Operating Procedures of the Carbon County Correctional Facility for temporary detention of individuals at the Prison.

7. The Carbon County Correctional Facility is directed to make available to the on-duty Magisterial District Judge appropriate space or advanced communication technology availability between the hours of 8:00 A.M. and 9:00 A.M. to perform the Preliminary Arraignment at the Prison.

8. Upon completion of the Preliminary Arraignment, the detention authorized by this Rule shall terminate and the person detained shall be processed in accordance with the Orders of the Magisterial District Judge at the Preliminary Arraignment or, if no Preliminary Arraignment has been done, the person shall be released from detention and the arresting agency shall arrange for the Preliminary Arraignment of the person otherwise in accordance with the Rules of Criminal Procedure.

9. If the Preliminary Arraignment is conducted by advanced communication technology, upon completion of the Preliminary Arraignment, copies of all commitment orders, bail orders, etc. shall be faxed from the Magisterial District Judge to the Carbon County Correctional Facility and the originals mailed to the Carbon County Correctional Facility on the next regular business day. If the Preliminary Arraignment is conducted at the Correctional Facility, original documents shall be provided to the Carbon County Correctional Facility at the time of the Preliminary Arraignment.

C. Nothing in this Rule shall alter the requirements of Carbon County Local Criminal Rules of Procedure 202 regarding approval of search warrant application by attorney for the Commonwealth and Rule 507 regarding approval of police complaints and arrest warrant affidavits by the Attorney for the Commonwealth.

Effective August 1, 2006

Revision effective April 1, 2016

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

IN RE: ADOPTION OF 56TH JUDICIAL :

DISTRICT - CONSTABLE MANUAL : NO. CP-13-AD-0000005-2016

FOR CARBON COUNTY :

ADMINISTRATIVE ORDER NO. 10-2016

AND NOW, this 11^th day of March, 2016, it is hereby

ORDERED and DECREED, that effective May 1, 2016, the Carbon County Court of Common Pleas ADOPTS the attached Constable Manual governing the procedures to be followed by all Constables performing judicial duties for the 56th Judicial District.

The Carbon County District Court Administrator is ORDERED and DIRECTED to do the following:

1. File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts.

2. File two (2) certified copies and one (1) computer diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

3. Publish a copy of this Administrative Order on the Unified Judicial System’s website at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

4. Forward one (1) copy for publication in the Carbon County Law Journal.

5. Forward one (1) copy to the Carbon County Law Library.

6. Keep continuously available for public inspection copies of the Order in the Clerk of Courts’ Office.

BY THE COURT:

ROGER N. NANOVIC, P.J.

CONSTABLE MANUAL

56th JUDICIAL DISTRICT

CARBON COUNTY, PENNSYLVANIA

Effective May 1, 2016

TABLE OF CONTENTS

I. General Provisions

II. Powers and Duties

III. Warrant Procedures

IV. Compensation

V. Constable Code of Conduct

Appendix Exhibit A – Acknowledgment

Exhibit B – Constable Payment Sheet

I. GENERAL PROVISIONS

A. Definitions - Subject to additional definitions contained in subsequent sections of this manual, the following words and phrases shall have, unless the context indicates otherwise, the meanings given to them in this section.

C.C.C.F. - Carbon County Correctional Facility

Clerk of Courts - The official, and that official’s office, in the 56th Judicial District who, pursuant to 42 Pa. C.S.A. §§ 2756 and 2757, has the responsibility and function to maintain the official criminal case file and list of docket entries for each criminal proceeding, and to perform such other duties as required by rule or law.

Constable - All elected, court appointed, and/or deputy constables duly elected or appointed pursuant to statutory authority. As elected or appointed officials, constables are independent contractors and are not employees of the Commonwealth, the judiciary, or the municipality in which they serve.

Constable’s Education and Training Board (C.E.T.B.) - The Constable’s Education and Training Board established and created pursuant to 44 Pa. C.S.A. § 7143 responsible for developing basic training and firearms education for constables and to certify constables who perform judicial duties.

Controller - The duly elected County Controller for the County of Carbon empowered with the rights, duties, and responsibilities under the County Code, 16 P.S. § 101 et seq.

County - County of Carbon.

Court - The Court of Common Pleas for the 56th Judicial District.

Court Administrator - The District Court Administrator for the 56th Judicial District as designated by the Pennsylvania Supreme Court and the Administrative Offices of the Pennsylvania Courts.

Court Official - The Judges of the Court of Common Pleas for the 56th Judicial District, the Magisterial District Judges for the 56th Judicial District, the Carbon County District Court Administrator, the Chief Adult Probation Officer for the Carbon County Probation Department, and all employees in the respective offices.

Judicial Duties - Services and duties performed by a constable for the payment of fees as authorized by 44 Pa. C.S.A. § 7161, including all services specified therein regardless of whether a fee is actually sought by the constable or paid by the County.

Magisterial District Judge – A public official having the power and authority of a magisterial district judge whose jurisdiction falls within the 56th Judicial District.

P.C.C.D. - Pennsylvania Commission on Crime and Delinquency.

Prothonotary– The duly elected Prothonotary for the 56th Judicial District empowered with the rights, duties, and responsibilities under 42 Pa. C.S.A. §§ 2736 and 2737, who has the responsibility to maintain official court records and to perform such other duties as required by rule or law.

Sheriff – The duly elected Sheriff for the County of Carbon empowered with the rights, duties, and responsibilities under the County Code, 16 P.S. § 101 et seq., including all deputies appointed in compliance with the County Code.

II. POWERS AND DUTIES

A. Requirements of Constables Performing Judicial Duties in the 56th Judicial District - Constables performing judicial duties within the 56th Judicial District must:

1. Be certified by C.E.T.B.

2. Post a bond with the Clerk of Courts’ Office in the sum of $2,500 conditioned upon the just and faithful discharge by the constable of the duties of his/her office. The bond shall be held in trust for the use and benefit of persons who may sustain injury by reason of a constable’s neglect of duty. Proof of the filing of a bond must be provided to the Court Administrator’s Office.

3. Maintain a policy of professional liability insurance providing coverage for the performance of judicial duties with a minimum coverage of $250,000 per incident and a minimum aggregate of $500,000 per year. Proof of insurance coverage must be filed with the Clerk of Courts Office and the Court Administrator’s Office annually.

4. Maintain a valid and current Pennsylvania driver’s license and required financial responsibility (automobile insurance) on any vehicle used for the performance of judicial duties. Proof of licensing and insurance must be provided to the Court Administrator’s Office as required by that office. Absence of a driver’s license does not preclude a constable who is otherwise approved by the Court to perform judicial duties from working with a constable pursuant to 44 Pa. C.S.A. § 7161(c), provided the unlicensed or uninsured constable does not operate a motor vehicle. However, unless accompanied by another constable who maintains a valid and current Pennsylvania driver’s license and required financial responsibility, a constable who does not possess a valid driver’s license or required financial responsibility shall not perform judicial duties.

5. Maintain current contact information with the Court Administrator’s Office. Current contact information shall include constable’s current address, telephone number, and cell phone number. Contact information shall also include information as to any other communication equipment utilized by the constable to perform judicial duties (e.g. pager, fax machine).

6. If carrying a firearm in the performance of judicial duties, a constable shall provide the Court Administrator’s Office with proof of certification or qualification to carry or use firearms as provided by 44 Pa. C.S.A. § 7148.

7. Complete and provide the Controller with all vendor authorization documents, including the production of a tax identification number as required by local, state, or federal law or policies and procedures of the Controller.

8. Provide the Court Administrator’s Office with an executed acknowledgment evidencing the constable has received a copy of the Pennsylvania Unified Judicial System Constable Policies, Procedures, and Standards of Conduct and understands the provisions and terms set forth therein. The acknowledgment shall be in the form attached hereto as “Exhibit A.”

9. Provide the Court Administrator’s Office with an executed acknowledgment evidencing the constable has received a copy of the Constable Manual for the 56th Judicial District and understands the provisions and terms set forth in the manual governing the performance of judicial duties. The acknowledgment shall be in the form attached hereto as “Exhibit A.”

B. Authorization to Perform Judicial Duties - No Magisterial District Judge, nor any other Court Official, shall request or otherwise authorize a constable to perform judicial duties, nor shall the Controller authorize payment of fees for a constable performing judicial duties, unless the constable has been designated by the Court Administrator’s Office as a constable authorized to perform judicial duties.

1. The Court Administrator’s Office shall maintain a list of all constables who are authorized to perform judicial duties within the 56th Judicial District. The Court Administrator’s Office shall publish the list with all Magisterial District Judges in the 56th Judicial District; any other Court office utilizing constable services in the performance of judicial duties; the Controller; and the Clerk of Courts Office on a regular basis. This list shall be updated and published at least annually. In the event the privilege of a constable to perform judicial duties is revoked by the Court, the Court Administrator’s Office shall promptly notify the identified offices of the same.

2. The Court Administrator’s Office shall develop policy and procedure to effectuate and ensure a constable’s compliance with the requirements set forth in Section A above.

C. Removal of Authorization to Perform Judicial Duties - Although a constable may only be removed or disciplined for acts of malfeasance or misfeasance upon petition of the District Attorney or an individual citizen (see 13 P.S. § 31), a constable’s authorization to perform judicial duties pursuant to Section B above may be revoked at any time pursuant to the authority of the President Judge for the 56^th Judicial District.

1. A constable’s authority to perform judicial duties may be revoked in the following circumstances:

a. a constable permits his/her compliance with the requirements of Section A above to lapse;

b. the constable commits a breach of the duties or requirements of this manual including, but not limited to, the Constable Code of Conduct as set forth in Section V herein;

c. the constable commits any violation of the law while in the performance of judicial duties or is otherwise convicted of criminal conduct which places the integrity or honesty of the constable at issue;

d. the constable commits any act which jeopardizes public trust in or brings disrespect to the Court.

2. Court Officials who know, or have reason to believe, that a constable has committed a violation of the Code of Conduct or the provisions of the Constable Manual shall promptly inform the Court Administrator’s Office of the same.

3. All complaints of constable misconduct, including complaints related to failure to comply with the Constable Manual, shall be promptly investigated by the Court Administrator. The results of the investigation shall be provided to the President Judge for further action, if any.

D. Minimum Requirements - Compliance with the provisions of this manual does not guarantee a constable the right to perform judicial duties for a Magisterial District Judge. Rather, the provisions of this section set forth the minimum requirements which must be complied with before a constable may be utilized by a Magisterial District Judge to perform judicial duties. Magisterial District Judges retain the right to assign constable work within their reasonable discretion provided the utilized constable is otherwise in compliance with this section.

III. WARRANT PROCEDURES

A. Definitions - The following words and phrases shall have, unless the context indicates otherwise, the meanings given to them in this section.

Legal Holiday - For purposes of this manual, the following shall be defined as legal holidays: New Year’s Day, Martin Luther King, Jr.'s Day, Presidents' Day, Good Friday, Easter, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, the Day after Thanksgiving Day, and Christmas Day. For those holidays identified herein which annually fall on a rotating calendar day, the actual date shall be defined as the day designated as the federal holiday.

Arrest Warrant - An arrest warrant for a misdemeanor/felony offense issued pursuant to Pa. R. Crim. P. 513 et. al by a Magisterial District Judge for private criminal complaints, including those filed by the Pennsylvania Department of Inspector General, and which have been approved by the District Attorney's Office.

Summary Warrant - A warrant issued by a Magisterial District Judge pursuant to Pa. R. Crim. P. 430. This definition includes both arrest warrants and bench warrants issued pursuant to Rule 430.

B. Summary Warrants and Misdemeanor/Felony Warrants for Private Criminal Complaints - The following procedures shall apply to the issuance and service of these warrants.

1. Magisterial District Judges possess the exclusive right, subject to the authority of the President Judge, to distribute warrants issued by them to a constable of their choice who satisfies the requirements of the C.E.T.B., this manual, and the Court Administrator’s Office to perform judicial duties. Magisterial District Judges shall issue warrants where appropriate pursuant to the Pennsylvania Rules of Criminal Procedure and prevailing law.

2. Upon issuance of a warrant, the Magisterial District Judge may assign the warrant to a constable authorized to perform judicial duties by the Court Administrator’s Office. Unless the warrant is unassigned, no constable other than the assigned constable shall serve a warrant within 60 days of the initial issuance of the warrant by the Magisterial District Court, subject to the following:

a. If the subject of the warrant is in the custody of the Sheriff’s Department as a result of contact between the subject and the Sheriff’s Department unrelated to the warrant or in the custody of prison officials in which case a duplicate warrant may be issued to the Sheriff’s Department. In the event the Sheriff’s Department serves such a warrant, the Magisterial District Judge, upon notice of the same, shall promptly alert the assigned constable that the warrant has been served; or

b. If the subject of the warrant is present in the Carbon County Courthouse and, as a result of routine examination by the Sheriff’s Department of any person appearing before the Court of Common Pleas or other information acquired by the Sheriff’s Department, the Sheriff’s Department learns that an individual present in or at the Courthouse is the subject of a warrant, a duplicate warrant may be issued to the Sheriff’s Department. In the event the Sheriff’s Department serves such a warrant, the Magisterial District Judge, upon notice of the same, shall promptly alert the assigned constable that the warrant has been served; or

c. If the subject of the warrant is in the custody of a constable who has exercised custody pursuant to another warrant issued and served in compliance with this manual in which case the original warrant shall be recalled and reissued to the constable who has custody of the subject; or

d. If the subject of the warrant is in the custody of a constable as the result of execution of another warrant issued by a Court official or Magisterial District Judge of another Judicial District of this Commonwealth in which case the original warrant shall be recalled and reissued to the Constable.

3. Upon service of the warrant, the constable to whom the warrant has been assigned shall immediately notify the issuing authority of service and promptly return a certified copy of the warrant to the District Court evidencing service of the warrant.

4. If the subject of the warrant is in the custody of a municipal or state police officer who, for any reason, has taken the subject before the issuing authority, the Magisterial District Judge shall promptly notify any constable to whom the warrant has been assigned that the warrant has been served.

5. During the normal operating hours of the Magisterial District Court, if a Constable reasonably believes he/she will be able to serve a summary warrant which has been assigned to another Constable, or is unassigned, within the next 12 hours, he/she shall contact the issuing District Court in which case a warrant may be issued to the Constable.

6. All assigned, unserved summary warrants shall be available for service by any constable authorized to perform judicial duties in the 56th Judicial District after the 60^th day following issuance of the warrant. In all such cases, it shall be the responsibility of the constable seeking to serve the warrant to review the warrant and determine if the warrant is available to be served by that constable. A constable shall not request a warrant to be reissued unless imminent service of the warrant is anticipated. For purposes of this paragraph, imminent service requires a good faith belief as to the whereabouts of the subject of the warrant and the likelihood that the warrant will be served within the immediately subsequent 12-hour period.

7. When a summary warrant is issued pursuant to Pa. R. Crim. P. 430, upon service of the warrant, the constable shall either:

a. Accept a signed guilty plea together with payment in full of the amount of the fines and costs as stated on the warrant;

b. Accept from the defendant a signed not guilty plea together with payment in full of the amount of the collateral stated on the warrant; or

c. If the defendant is unable to pay the full amount of the fines and costs or collateral, cause the defendant to be taken without unnecessary delay before the issuing authority during normal court hours, or before the on-call Magisterial District Judge.

8. When a constable accepts fines and costs or collateral, the constable shall issue a receipt to the defendant setting forth the amount of the fines and costs or collateral received and promptly return a copy of the receipt, signed by the defendant and constable, to the proper issuing authority. Constables must return the warrant and any pleas, fines, costs, and/or restitution collected to the issuing authority no later than the close of business during the same business day; or if served after normal court hours, on the next business day. Constables should make every effort to resolve service of the warrant as per Pa. R. Crim. P. 430 before physically transporting the defendant to the proper issuing authority, or on-call Magisterial District Judge.

9. A constable shall not serve a summary warrant issued pursuant to Pa. R. Crim. P. 430 at a residence between the hours of 10:00 p.m. and 6:00 a.m., or after 10:00 p.m. on the day preceding a legal holiday until after 6:00 a.m. of the day following the legal holiday.

10. A constable shall not attempt to serve a summary warrant or take the subject of such a warrant into custody unless in possession of a valid warrant.

C. Return of Unserved Warrants

1. A constable who has been issued a warrant pursuant to this manual shall return the warrant to the Magisterial District Court at the expiration of sixty (60) days of its issuance or 12 hours for those warrants issued pursuant to Chapter III, B (5), (6) if the constable is unable to execute or effectuate service within those time periods. Failure to return the warrant within the time period set forth herein may, at the discretion of the President Judge, result in a revocation/restriction of one’s right to perform judicial duties.

2. A constable shall not, under any circumstance, make a duplicate or copy of any warrant for purposes of service.

D. Warrant Service on Incarcerated Parties

1. Unless expressly approved in advance by the Issuing Authority, President Judge or Court Administrator, warrant service on parties already incarcerated or otherwise in the custody of prison officials [is not authorized and] will not be compensated.

2. The Court may authorize payment in Summary Warrant matters in the event, through the efforts of a constable seeking a defendant, the constable learns that a defendant is incarcerated in a County jail outside of Carbon County but within the Commonwealth, and relays that information to the issuing authority.

a. The Magisterial District Judge must indicate that he/she was unaware that the defendant was incarcerated in a County jail outside of Carbon County but within the Commonwealth when the warrant was issued.

IV. COMPENSATION

A. Preliminary Provisions - Constables shall be paid fees in compliance with the fee schedule set forth in 44 Pa. C.S.A. § 7161 or subsequent legislative act or rule of court. Constables shall not be paid a fee for any judicial act committed in violation of the provisions of this manual. Fees shall not be paid unless the request for fees is made in compliance with the procedures set forth in this chapter. When three or more warrants are served on the same subject of the warrant, compensation shall be paid for a maximum of three warrants served.

B. Reimbursement Procedure - Constables shall comply with the procedures of this section in seeking reimbursement for services. A request for reimbursement of services not in compliance with the procedures of this section may be denied on that basis.

1. Magisterial District Judge Warrants - Payment for the performance of judicial duties related to the issuance of a warrant by a Magisterial District Judge shall be submitted to the Magisterial District Judge who authorized the service on the form prescribed by the Court Administrator’s Office or the Administrative Office of the Pennsylvania Courts. See Exhibit “B” attached to this manual. The Magisterial District Judge shall acknowledge receipt of the request by executing the same and promptly forwarding the request to the County Controller’s Office for payment. Execution of a constable’s fee request by a Magisterial District Judge evidences that the Magisterial District Judge authorized the service for which fee reimbursement is being requested.

2. All reimbursement forms shall be completed in their entirety. A form which is incomplete will be returned to the constable by the Magisterial District Court promptly and shall be considered as not having been filed for purposes of the time period set forth in Section IV (C) of this manual.

C. Time of Invoice - Request for payment of all fees shall be made to the Magisterial District Judge in the manner directed by this manual within 30 days of the date of the performed service. Although the County’s liability for the payment of fees submitted after 30 days of the date of service shall be controlled by prevailing law, failure to submit requests for payment of fees within the time period set forth herein may result in the revocation of a constable’s privilege to perform judicial duties.

D. Mileage - The following rules shall apply to reimbursement for actual mileage:

1. Actual mileage for travel by motor vehicle shall be reimbursed at a rate equal to the highest rate allowed by the Internal Revenue Service.

2. No constable shall undertake travel in the performance of judicial duties by any mode other than motor vehicle, unless prior written consent for the same is authorized by the Court Administrator.

3. In effectuating service of a warrant, actual mileage for travel by motor vehicle for purposes of the payment of fees shall be the number of miles from the issuing authority’s office to the location where the warrant is served plus the number of miles to the location of commitment, if necessary, plus the number of miles from the commitment location to the issuing authority’s office. Where commitment does not occur, actual mileage for travel by motor vehicle for purposes of the payment of fees shall be the number of miles from the issuing authority’s office to the location where the warrant is served plus the number of miles to the location where acceptance of payment or collateral is made, plus the number of miles from this location to the issuing authority's office.

E. Hours Worked - All work that calculates reimbursement by the hour shall be rounded to the nearest quarter-hour.

F. Second Constable – Upon prior approval by the issuing authority, when a second constable is utilized in the service of a warrant, the second constable shall also examine the warrant to ensure that service of the warrant is in compliance with the provisions of this Manual. The second constable shall follow all requirements as described in the Manual and will be held to the same standards as the constable who obtained the warrant for service.

V. CONSTABLE CODE OF CONDUCT

A. Introduction - A fair and independent court system is essential to the administration of justice. Although constables are not employees of the Commonwealth, the judiciary or any municipal agency, as an independent contractor, they provide services and aid to the judicial process. Proper conduct by those involved in assisting the judicial process inspires public confidence and trust in the Courts and conveys the values of impartiality and fairness that promote the integrity of our system of justice. A constable’s conduct reflects upon the Court’s commitment to serving the public. A constable performing judicial duties shall observe high standards of conduct so that the integrity and independence of the judicial system are preserved. The provisions of this code shall be applied to further those objectives. All constables performing judicial duties shall observe the standards of conduct set forth in this section. These standards however shall not limit or preclude, nor be interpreted to limit or preclude, other more stringent standards as established by law or by Court order or rule.

B. Performance of Judicial Duties - Constables performing judicial duties shall conduct themselves in an appropriate and lawful manner at all times and shall adhere to the following standards. Constables performing judicial duties:

1. Shall not engage in any form of discrimination, harassment, or retaliation against any person as prohibited by law or Court policy;

2. Shall not engage in any form of violence, threat of violence, or disruptive conduct;

3. Shall not make intentionally false or misleading statements when performing judicial duties. Specifically, a constable may not make a false statement of material fact or law or fail to correct a false statement of material fact or law to any party for purposes of obtaining compliance or forfeiture by a person of their legal rights;

4. Shall not falsify, or improperly alter or destroy work-related documents or records;

5. Shall not be impaired by alcohol, drugs, medications, or other intoxicating substances while performing judicial duties;

6. Shall not give legal advice while performing judicial duties beyond an explanation of the duty they are performing and one’s right to be represented by counsel;

7. Shall not illegally possess weapons or controlled substances while performing judicial duties;

8. Shall avoid impropriety or the appearance of impropriety in the performance of all judicial duties;

9. Shall not commit any violation of the law while performing their judicial duties;

10. Shall not be convicted of any crime which shall place their integrity, honesty, or credibility at issue or otherwise negatively reflect upon the integrity and independence of the Court or Court offices;

11. Shall not make any sexual advance, request for sexual favors, or perform other verbal or physical conduct of a sexual nature while in the performance of judicial duties. Such conduct shall include but is not limited to touching, fondling, patting, pinching, kissing, or other physical contact for sexual gratification;

12. Shall treat all those with whom they interact, including Court staff, with professionalism, dignity, respect, and impartiality;

13. Shall cooperate with all law enforcement agencies and their representatives including the Sheriff’s Department, the C.C.C.F., and Carbon County staff;

14. Shall not use any means that has no substantial purpose other than to embarrass, delay, or burden the rights of another person or use methods that violate the legal rights of such person;

15. Shall not in any manner hold himself/herself out to be an agent, employee, or representative of any Court office; and

16. Shall not utilize a motor vehicle in the performance of judicial duties contrary to the provisions of the Pennsylvania Motor Vehicle Code.

C. Confidentiality - Constables shall not disclose or use confidential information obtained through the performance of judicial duties for any purpose not connected with the performance of their judicial duties.

D. Conflicts of Interest -

1. Constables shall not solicit, accept, or agree to accept anything of value from any person or entity doing or seeking to do business with, or having an interest in a matter related to the performance of judicial duties.

2. Constables shall not permit family, social, or other relationships to influence their official conduct or judgment, or to create the appearance of influence in the exercise of their official conduct or judgment, while in the performance of judicial duties. Constables performing judicial duties shall inform the Court Administrator of any situation creating undue influence or the appearance of undue influence.

3. Constables shall not use the resources, employees, property, facilities, time, or any funds under their control while in the performance of their judicial duties to improperly benefit them or any other person.

E. Use of Force - A constable’s use of force shall be consistent with Pennsylvania law and in compliance with training and education provided by the C.E.T.B. A constable shall never employ unnecessary force or violence and shall use only such force in the discharge of duty as is reasonable under the circumstances. While the use of force is occasionally unavoidable, every constable in the performance of judicial duties shall refrain from applying any unnecessary infliction of pain or suffering and shall never engage in cruel, degrading, or inhuman treatment of any person. A constable shall not fire, unholster, or otherwise remove a firearm from its holster in the performance of judicial duties unless the same is necessary for the defense of the constable or others in response to the threat or use of deadly force against the constable or another where the action is consistent with firearms training provided by P.C.C.D. In no event shall a firearm be unholstered for purposes of intimidation.

F. Appearance -

1. Dress - All constables shall dress in customary law enforcement uniform or casual business dress while performing judicial duties. Denim jeans are considered neither customary law enforcement uniform nor casual business dress and are prohibited.

2. Sign of Authority - While in the performance of judicial duties, all constables shall prominently display a badge of authority on their outermost clothing. The badge of authority shall consist of either a Pennsylvania state constable patch or a badge pinned to the outermost garment, displayed around the neck, or attached to a belt. Additionally, while performing judicial duties, a constable shall carry at all times a constable certification card issued by C.E.T.B. indicating certification number and expiration date.

G. Duty to Report - Constables who are arrested, charged with, or convicted of a crime, including summary offenses, which occurred while the constable was acting in the course of performing judicial duties, shall report this fact to the Court Administrator at the earliest opportunity, however, in no event shall this report be made later than three (3) business days from the date of arrest or receipt of charges. Constables who are arrested, charged with, or convicted of a crime, other than summary traffic offenses not committed while in the performance of judicial duties, regardless of the jurisdiction in which the conduct occurred, shall report this fact to the Court Administrator at the earliest reasonable opportunity, however, in no event shall this report be made later than three (3) business days from the date of the arrest or receipt of charges.

ACKNOWLEDGMENT

I, ____________________________________, have received a copy of the Pennsylvania Unified Judicial System Constable Policies, Procedures, and Standards of Conduct. I also acknowledge receipt of a copy of the Fifty-Sixth Judicial District Constable Manual. I understand that in order to perform judicial duties, or to be paid for work performed for the Fifty-Sixth Judicial District, I must abide by the procedures and requirements set forth in the Pennsylvania Unified Judicial System Constable Policies, Procedures, and Standards of Conduct and the Fifty-Sixth Judicial District Constable Manual, including the Code of Conduct, and hereby agree to abide by those procedures and requirements.

______________________________________ ____________________

Print Name Date

______________________________________

Signature

______________________________________

Witness

Exhibit A

CARBON COUNTY CONSTABLE PAYMENT SHEET

CONSTABLE NAME ______________________________________________ CONSTABLE NUMBER __________________

DISTRICT COURT NUMBER _________________________ DISTRICT JUDGE ____________________________________

DEFENDANT’S NAME ________________________________________________DOCKET NUMBER __________________

DEFENDANT’S ADDRESS _______________________________________________________________________________

_____________________________________________________________________________________________________

DATE(S) SERVICES DATE(S) SERVICES

SERVICE FEE PERFORMED SERVICE FEE PERFORMED

WARRANT ……….$___________ (____)______________ ARRAIGNMENT………………$ ___________ * (____)_______________

HOW WAS SERVICE MADE? __________________________ COMMIT TO.………………....$____________ * (____)_______________

_______________________________________________ ________________________________________________________

_______________________________________________ RETURN OF SERVICE ….…. $___________ (____)_______________

TO WHOM? _____________________________________ CONVEY (FINGERPRINTING) $___________ * (____)______________

RELEASE ………..$___________ (____)______________ FINGERPRINTING ……………$___________ * (____)_______________

CUSTODY………. $___________ * (____)______________ RELEASED ON BOND …….…$___________ * (____)_______________

CONVEY ……..….$___________ * (____)______________ OTHER ………………………... $___________ (____)_______________

TO:____________________________________________ OTHER ……………………….. $___________ (____)_______________

TO:_________________________________________ OTHER ……………………….. $___________ (____)_______________

* MAY ONLY BE CHARGED ONCE PER DEFENDANT PER DATE HANDLED TOTAL $ ____________________

NAME OF ASSISTING CONSTABLE OR DEPUTY _________________________________________________________________

DATE FROM/TO MILES

__________ _________________________________________ ____________

MILEAGE @ _________ CENTS PER MILE TOTAL MILES ____________ MILES $ ____________________

ATTACH ADDITIONAL SHEETS, IF NECESSARY.

CETA $ ____________________

TOTAL AMOUNT DUE $ ____________________

I HEREBY CERTIFY THAT THE ABOVE SERVICES HAVE BEEN PERFORMED. THE UNDERSIGNED HEREBY CERTIFIES THAT THE ABOVE

SERVICES HAVE BEEN PERFORMED AND THAT NO OTHER

__________DAY OF _________________, _________ REQUESTS FOR PAYMENT FOR THESE SERVICES HAS

BEEN MADE.

_____________________________________________________ ________________________________________________________

DISTRICT JUDGE (DISTRICT COURT SEAL) SIGNATURE OF CONSTABLE

Exhibit B

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

CRIMINAL DIVISION

IN RE: AVAILABILITY AND : NO. 16-0081

TEMPORARY ASSIGNMENTS OF : CP-13-AD-0000003-2016

MAGISTERIAL DISTRICT JUDGES :

ADMINISTRATIVE ORDER 11-2016

AND NOW, this 26^th day of July, 2016, in order to ensure compliance with Pa.R.C.P.M.D.J.112 governing the Rules of Conduct, Office Standards, and Civil Procedure for Magisterial District Judges, Pa.R.Crim.P. 132 governing the Temporary Assignment of Issuing Authorities, Pa.R.C.P. 1901.2 governing Scheduling of Temporary Protection From Abuse matters, Carbon County’s Administrative Order 27-2001 governing when the Court is available to address Temporary Protection From Abuse matters, Carbon County Local Rule CARB.R.C.P. 1901.5 governing Enforcement of Protection From Abuse matters and 35 P.S. § 10225.307 governing Involuntary Intervention by Emergency Court Order under the Older Adult Protective Services Act, it is hereby

BY THE COURT:

______________________________

ROGER N. NANOVIC, P.J.

August 1, 2016

August 8, 2016

August 15, 2016

August 22, 2016

August 29, 2016

September 5, 2016

September 12, 2016

September 19, 2016

September 26, 2016

October 3, 2016

October 10, 2016

October 17, 2016

October 24, 2016

October 31, 2016

November 7, 2016

November 14, 2016

November 21, 2016

November 28, 2016

December 5, 2016

December 12, 2016

December 19, 2016

December 26, 2016

January 2, 2017

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

Magisterial District Judge Eric Schrantz

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

Magisterial District Judge Eric Schrantz

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge William J. Kissner

Magisterial District Judge Eric Schrantz

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Eric Schrantz

Magisterial District Judge William J. Kissner

Magisterial District Judge Casimir T. Kosciolek

Magisterial District Judge Joseph D. Homanko

Magisterial District Judge Eric Schrantz

Magisterial District Judge William J. Kissner

Court 3-4

Court 3-3

Court 3-2

Court 3-3

Court 3-4

Court 3-2

Court 3-1

Court 3-3

Court 3-4

Court 3-2

Court 3-1

Court 3-3

Court 3-4

Court 3-2

Court 3-1

Court 3-3

Court 3-4

Court 3-1

Court 3-2

Court 3-3

Court 3-4

Court 3-1

Court 3-2

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

IN RE : AMENDMENT OF LOCAL RULE OF :

CIVIL PROCEDURE CARB.R.C.P. :

1915.3 COMMENCEMENT OF ACTION. : NO. 16-2127

COMPLAINT. ORDER. :

ADMINISTRATIVE ORDER NO. 12-2016

AND NOW, this 2nd day of September, 2016, it is hereby

ORDERED and DECREED that, effective November 1, 2016, the Carbon County Court of Common Pleas AMENDS Carbon County Rule of Civil Procedure CARB.R.C.P. 1915.3 governing Commencement of Action, Complaint and Order in custody matters.

The Carbon County District Court Administrator is ORDERED and DIRECTED to

1. File one (1) certified copy of this Local Rule and Administrative Order with the Administrative Office of Pennsylvania Courts.

2. Electronically email a Word file of the Local Rule and Administrative Order to bulletin@palrb.us and file two (2) certified copies with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

3. Publish the Rule on the Carbon County Court website at http://www.carboncourts.com.

4. Forward one (1) copy for publication in the Carbon County Law Journal.

5. Forward one (1) copy to the Carbon County Law Library.

6. Keep continuously available for public inspection copies of the Administrative Order and Rule in the Prothonotary’s Office.

7. Incorporate the local rule no later than thirty (30) days after publication in the Pennsylvania Bulletin with this Court's complete set of Rules of Court published at http://www.carboncourts.com.

BY THE COURT:

___________________________________

ROGER N. NANOVIC, PRESIDENT JUDGE

RULE 1915.3 - COMMENCEMENT OF ACTION. COMPLAINT. ORDER.

The person to be designated in the notice to defend as the person from whom legal services can be obtained shall be the same as provided for in CARB.R.C.P.1018.1.

Any party to a custody action, who is incarcerated and cannot attend any scheduled proceeding and wishes to participate by electronic means, shall request permission from Court Administration seven (7) days before the scheduled event. Said party shall be responsible for making the arrangements with Court Administration and the Warden of said facility where the party is incarcerated.

Effective July 26, 2004

Revision effective November 1, 2016

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

IN RE: AMENDMENT OF 56TH JUDICIAL :

DISTRICT - CONSTABLE MANUAL : NO. CP-13-AD-0000005-2016

FOR CARBON COUNTY :

ADMINISTRATIVE ORDER NO. 13-2016

AND NOW, this 12^th day of September, 2016, it is hereby

ORDERED and DECREED, that effective November 1, 2016, the Carbon County Court of Common Pleas AMENDS the attached Constable Manual governing the procedures to be followed by all Constables performing judicial duties for the 56th Judicial District.

The Carbon County District Court Administrator is ORDERED and DIRECTED to do the following:

1. File one (1) copy electronically to adminrules@pacourts.us of this Administrative Order and Manual with the Administrative Office of Pennsylvania Courts.

2. File two (2) paper copies and one (1) electronic copy in a Microsoft Word format to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

3. Publish the Rule on the Carbon County Court website at http://www.carboncourts.com.

4. Forward one (1) copy for publication in the Carbon County Law Journal.

5. Forward one (1) copy to the Carbon County Law Library.

6. Keep continuously available for public inspection copies of the Administrative Order and Manual in the Clerk of Courts Office.

7. Incorporate the Manual no later than thirty (30) days after publication in the Pennsylvania Bulletin with this Court's complete set of Rules of Court published at http://www.carboncourts.com.

BY THE COURT:

ROGER N. NANOVIC, P.J.

CONSTABLE MANUAL

56th JUDICIAL DISTRICT

CARBON COUNTY, PENNSYLVANIA

Effective May 1, 2016

Amended November 1, 2016

TABLE OF CONTENTS

I. General Provisions

II. Powers and Duties

III. Warrant Procedures

IV. Compensation

V. Constable Code of Conduct

Appendix Exhibit A – Acknowledgment

Exhibit B – Constable Payment Sheet

I. GENERAL PROVISIONS

C.C.C.F. - Carbon County Correctional Facility

Controller - The duly elected County Controller for the County of Carbon empowered with the rights, duties, and responsibilities under the County Code, 16 P.S. § 101 et seq.

County - County of Carbon.

Court - The Court of Common Pleas for the 56th Judicial District.

Court Administrator - The District Court Administrator for the 56th Judicial District as designated by the Pennsylvania Supreme Court and the Administrative Offices of the Pennsylvania Courts.

Magisterial District Judge – A public official having the power and authority of a magisterial district judge whose jurisdiction falls within the 56th Judicial District.

P.C.C.D. - Pennsylvania Commission on Crime and Delinquency.

II. POWERS AND DUTIES

A. Requirements of Constables Performing Judicial Duties in the 56th Judicial District - Constables performing judicial duties within the 56th Judicial District must:

1. Be certified by C.E.T.B.

2. The Court Administrator’s Office shall develop policy and procedure to effectuate and ensure a constable’s compliance with the requirements set forth in Section A above.

1. A constable’s authority to perform judicial duties may be revoked in the following circumstances:

a. a constable permits his/her compliance with the requirements of Section A above to lapse;

b. the constable commits a breach of the duties or requirements of this manual including, but not limited to, the Constable Code of Conduct as set forth in Section V herein;

d. the constable commits any act which jeopardizes public trust in or brings disrespect to the Court.

III. WARRANT PROCEDURES

A. Definitions - The following words and phrases shall have, unless the context indicates otherwise, the meanings given to them in this section.

Summary Warrant - A warrant issued by a Magisterial District Judge pursuant to Pa. R. Crim. P. 430. This definition includes both arrest warrants and bench warrants issued pursuant to Rule 430.

B. Summary Warrants and Misdemeanor/Felony Warrants for Private Criminal Complaints - The following procedures shall apply to the issuance and service of these warrants.

7. When a summary warrant is issued pursuant to Pa. R. Crim. P. 430, upon service of the warrant, the constable shall either:

a. Accept a signed guilty plea together with payment in full of the amount of the fines and costs as stated on the warrant;

b. Accept from the defendant a signed not guilty plea together with payment in full of the amount of the collateral stated on the warrant; or

10. A constable shall not attempt to serve a summary warrant or take the subject of such a warrant into custody unless in possession of a valid warrant.

C. Return of Unserved Warrants

2. A constable shall not, under any circumstance, make a duplicate or copy of any warrant for purposes of service.

D. Warrant Service on Incarcerated Parties

IV. COMPENSATION

D. Mileage - The following rules shall apply to reimbursement for actual mileage:

1. Actual mileage for travel by motor vehicle shall be reimbursed at a rate equal to the highest rate allowed by the Internal Revenue Service.

2. No constable shall undertake travel in the performance of judicial duties by any mode other than motor vehicle, unless prior written consent for the same is authorized by the Court Administrator.

E. Hours Worked - All work that calculates reimbursement by the hour shall be rounded to the nearest quarter-hour.

F. Second Constable – Except for those circumstances described in 44 Pa.C.S.A. §7161 (c), upon prior approval by the issuing authority, when a second constable is utilized in the service of a warrant, the second constable shall also examine the warrant to ensure that service of the warrant is in compliance with the provisions of this Manual. The second constable shall follow all requirements as described in the Manual and will be held to the same standards as the constable who obtained the warrant for service.