Administrative Order 2018 MD 58

Overview

On May 4, 2018, the Court of Common Pleas of Blair County, Pennsylvania, issued an Administrative Order (2018 MD 58) signed by President Judge Elizabeth A. Doyle. The order establishes new local rules requiring that specific types of police complaints, arrest warrant affidavits, and search warrant applications receive prior approval from an Attorney for the Commonwealth before they can be filed with a judicial officer.

Rule 507. 1: Approval of Police Complaints and Arrest Warrants

This rule mandates that complaints charging specific serious offenses must be approved by the Attorney for the Commonwealth prior to filing.

Required Offenses: Approval is required for any violation of:

• Criminal Homicide (18 Pa. C. S. Chapter 25)
• Crimes Against Unborn Child (18 Pa. C. S. Chapter 26)
• Aggravated Assault (18 Pa. C. S. § 2702)
• Strangulation (18 Pa. C. S. § 2718)
• Kidnapping (18 Pa. C. S. Chapter 29)
• Sexual Offenses (18 Pa. C. S. Chapter 31)
• Arson (18 Pa. C. S. § 3301)
• Burglary (18 Pa. C. S. § 3502)
• Robbery (18 Pa. C. S. Chapter 37)
• Intimidation/Retaliation against witnesses, victims, or judicial officials (18 Pa. C. S. §§ 4952, 4953, 4953. 1)
• Sex Offender Registration Failure (18 Pa. C. S. § 4915. 1)
• Crimes Against Minors (Unlawful contact, solicitation for drugs, sexual exploitation)
• Homicide by Vehicle and related DUI offenses (75 Pa. C. S. §§ 3732, 3735, 3731. 1)
• Inchoate Crimes (Attempt, solicitation, conspiracy) where the underlying offense is one listed above
• Any violation of Title 18 or Title 75 that results in the death of a person

Rule 202. 1: Approval of Search Warrant Applications

This rule requires that all Search Warrant Applications receive approval from a designated Attorney for the Commonwealth prior to filing.

Approval Methods:

• Approval may be provided electronically via phone, email, or text message.
• Documentation Requirements: The law enforcement officer must document the complaint's incident number, defendant's name, approving attorney's name, and the date/time of approval.

Implementation and Filing

The Blair County District Court Administrator is ordered to:

• File copies of the rules with the Administrative Office of Pennsylvania Courts and the Legislative Bureau.
• Publish the rules on the Blair County website (www. blairco. org).
• Keep a copy of the rules available for public inspection in the Office of Prothonotary.

Effective Date: The rules become effective 30 days after publication in the Pennsylvania Bulletin and upon publication on the Unified Judicial System of Pennsylvania Web Portal.