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Rule 132 – Temporary Assignment of Issuing Authorities

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) The president judge may assign temporarily the issuing authority of any magisterial district to serve another magisterial district whenever such assignment is needed:

(1) to satisfy the requirements of Rule 117;
(2) to insure fair and impartial proceedings;
(3) to conduct a preliminary hearing pursuant to Rule 544(B); or
(4) otherwise for the efficient administration of justice.

One or more issuing authorities may be so assigned to serve one or more magisterial districts.

(B) Whenever a temporary assignment is made under this rule, notice of such assignment shall be filed with the clerk of courts where it shall be available for police agencies and other interested persons.
(C) A motion may be filed requesting a temporary assignment under this rule on the ground that the assignment is needed to insure fair and impartial proceedings. Reasonable notice and opportunity to respond shall be provided to the parties.
(D) A motion shall be filed requesting a temporary assignment under paragraph (A)(3) whenever the attorney for the Commonwealth elects to proceed under Rule 544(B) following the refiling of a complaint.

234 Pa. Code ยง 132

Committee Explanatory Reports:

Final Report explaining the February 27, 1995 amendments published with the Court’s Order at 25 Pa.B. 936 (March 18, 1995) .

Final Report explaining the October 8, 1999 amendments concerning motions for temporary assignment of issuing authority following the reinstitution of criminal charges published with the Court’s Order at 29 Pa.B. 5509 (October 23, 1999) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .

Final Report explaining the June 30, 2005 changes to the rule correlative to the changes in procedure in new Rule 117 published with the Court’s Order at 35 Pa.B. 3911 (July 16, 2005) .