You asked for a summary of the State Marshal Commission's policy on serving restraining orders.

SUMMARY

The State Marshal Commission is responsible for the "equitable assignment of service of restraining orders to the state marshals in each county" and must ensure that they are "served expeditiously. " It is grounds for a hearing to remove a state marshal if he fails, without good cause, to accept or expeditiously serve a restraining order assigned to him by the commission (June Sp. Sess. , PA 01-9, § 8(g)).

The State Marshal Commission established procedures for serving restraining orders in Policy Statement and Implementing Procedure 01-01, effective February 27, 2002. The policy establishes a statewide system of on-call state marshals, which the commission developed in cooperation with the Judicial Branch.

Under the policy, the commission's administrative office issues a rotation schedule assigning all state marshals to serve restraining orders for a period of one week. Two marshals are assigned in each Judicial District to appear at the courthouse at certain times. Marshals are also on-call 24 hours a day during the assignment. The on-call state marshal's functions include ensuring that restraining orders are served in a timely manner and that orders are transferred to the on-call marshal in another jurisdiction when necessary. The policy also requires the court clerk to provide certain information to someone with a restraining order.

ROTATION SCHEDULE

Under the policy, all state marshals are assigned to serve restraining orders for a period of one week (from Wednesday to Tuesday) in a rotation schedule. Two marshals are assigned in each Judicial District to appear at the courthouse daily from 12: 30 P. M. to 1: 00 P. M. and 4: 30 P. M. to 5: 00 P. M. A marshal must remain at the courthouse if given notice that an order remains to be issued. According to the Administrative Bulletin accompanying the policy, the two marshals can arrange attendance at the courthouse between themselves (Administrative Bulletin 02-4).

A state marshal who cannot serve on an assigned day must find another marshal to cover for him and provide 48 hours advance notice to the commission's administrative office and the court clerk liaison. (According to Patricia Lempicki, administrative director for the commission, marshals in practice need only call the commission's office. ) A state marshal must also provide written notice to the administrative office within one week stating the reason for the assignment change.

The commission and the court clerks distribute and monitor the schedules.

COURT CLERKS

Under the policy, the court clerk must inform a person with a restraining order that (1) a state marshal is at the courthouse during the designated hours to take the order and discuss the procedure for serving it; (2) he does not have to use the on-call state marshal (if he does not use the on-call marshal, the clerk must give the person a list of state marshals); and (3) the state marshal's fee is about $ 50, unless waived by the court. The clerk must also give the person two State Marshal Commission forms: one providing information on restraining orders and the other requesting information on the person to be served with the order (such as where to find the person, his address, employer, physical characteristics, cars, and any weapons he may have). The clerk must also provide copies of the restraining order.

According to the Administrative Bulletin, if the order is issued at a location where a marshal is not assigned, the clerk must inform the applicant of the available options and give the person a list of marshals or direct the person to a courthouse where a marshal will appear at the designated times.

ON-CALL MARSHALS

The state marshal on-call at the courthouse must:

1. ensure that someone who needs a restraining order served is aware of the procedure for serving it,

2. ensure that the order is served in a timely manner,

3. provide the local police department with a copy of the order and a "Police Department Confirmation Sheet" immediately after serving the order, and

4. ensure proper return of service.

If the restraining order is to be served on someone outside the marshal's jurisdiction, the marshal must accept the order and contact the on-call marshal in the other jurisdiction to transfer the order. The marshal still must inform the person with the order of the procedures for serving it and ensure that it is served in a timely manner. The order can be transferred to the other marshal by mutual agreement, as appropriate and considering the distance and time constraints of the situation, and giving primary consideration to the person's safety and the need to complete service in a timely manner. If the U. S. Mail is the most expeditious means of transferring the order, mailing must occur at the earliest opportunity. The information form on restraining orders indicates that the marshal can charge about $ 14 for mailing.

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