Opinion
SUPREME COURT RULES DOCKET NO. 846
08-03-2020
IN RE: ORDER AMENDING RULES 127 AND 1127 OF THE PENNSYLVANIA RULES OF JUVENILE COURT PROCEDURE
ORDER
AND NOW, this 3rd day of August, 2020, upon the recommendation of the Juvenile Court Procedural Rules Committee, the proposal having been submitted without publication in the interests of justice and efficient administration pursuant to Pa.R.J.A. No. 103(a)(3):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pennsylvania Rules of Juvenile Court Procedure 127 and 1127 are amended in the attached form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on October 1, 2020. Additions to the rule are shown in bold and are underlined. Deletions from the rule are shown in bold and brackets.
JUVENILE COURT PROCEDURAL RULES COMMITTEE
FINAL REPORT
The Committee's Final Report should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the Committee's explanatory Final Reports. --------
Amendment of Pa.R.J.C.P. 127 & 1127
On August 3, 2020, the Supreme Court amended Rules of Juvenile Court Procedure 127 and 1127, concerning transcript requests and the correction or modification of transcripts and records, effective October 1, 2020.
On August 12, 2016, the Court amended the Uniform Rules Governing Court Reporting and Transcripts to bring them to their current form in Pa.R.J.A. No. 4001-4016. One aspect of those rules is that requests for full or partial transcripts may now be made using a form submitted to the district court administrator. See Pa.R.J.A. No. 4007(B). The Pennsylvania Rules of Juvenile Court Procedure contain provisions for requesting transcripts by motion of a party. See Pa.R.J.C.P. 127(B) & 1127(B). With Pa.R.J.A. No. 4007(B), motion practice to obtain a transcript is no longer necessary.
Paragraph (C), in both Pa.R.J.C.P. 127 and 1127, permitted correction or modification of the record prior to appeal, as provided by Pa.R.A.P. 1926. Effective October 1, 2019, Pa.R.A.P. 1922(c) was amended to allow the court and the parties to correct or supplement the transcript after an appeal has been taken. Accordingly, Pa.R.J.C.P. 127(C) and 1127(C) have been amended to permit correction of transcripts pursuant to Pa.R.A.P. 1922(c), together with permitted correction or modification of the record pursuant to Pa.R.A.P. 1926, prior to appeal. Additional revisions have also been incorporated to add consistency and improve the readability of the rules.
RULE 127. RECORDING AND TRANSCRIBING JUVENILE COURT PROCEEDINGS
A. Recording. There shall be a recording of all juvenile delinquency proceedings, including proceedings conducted by juvenile court hearing officers, except as provided in Rule 242(B)(2).
B. Transcribing. [Upon the motion of any party, upon its own motion, or as required by law, the court shall order the record to be transcribed.] The transcript shall be requested in accordance with Pa.R.J.A. No. 4007.
C. Correcting or Modifying. At any time before an appeal is taken, the [court may correct or modify the record] transcript may be corrected , and the record may be corrected or modified, in the same manner as is provided by [Rule 1926 of the Pennsylvania Rules of Appellate Procedure] Pa.R.A.P. 1922(c) and Pa.R.A.P. 1926 , respectively .
Comment
Some form of record or transcript is necessary to permit meaningful consideration of claims of error and effective appellate review. See, e.g., Pa.R.A.P. 1922, 1923, 1924; Commonwealth v. Fields, 387 A.2d 83 (Pa. 1978); Commonwealth v. Shields, 383 A.2d 844 (Pa. 1978). No substantive change in law is intended by this rule; rather it is intended to provide a mechanism to ensure appropriate recording and transcribing of court proceedings. Under Rule 800, 42 Pa.C.S. § 6336(c) was suspended only to the extent that proceedings are to be recorded, except as provided in Rule 242(B)(2). Full minutes are not recordings. This change was to effectuate effective appellate review.
The rule is intended to apply to all juvenile delinquency proceedings and to ensure all proceedings are recorded, including proceedings before juvenile court hearing officers, with the exception of detention hearings.
[Paragraph (B) of the rule is intended to authorize courts to require transcription of only such portions of the record, if any, as are needed to review claims of error.] Paragraph (B) is not intended to preclude the court from ordering a transcript in the absence of a request.
Paragraph (C) provides a method for correcting [and modifying] transcripts and correcting or modifying the record before an appeal is taken by incorporating Pa.R.A.P. 1922(c) and Pa.R.A.P. 1926, which otherwise appl[ies]y only after an appeal has been taken. [It is intended that the same standards and procedures apply both before and after appeal.] Official Note: Rule 127 adopted April 1, 2005, effective October 1, 2005. Amended April 6, 2017, effective September 1, 2017. Amended August 3 , 2020; effective October 1, 2020.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 127 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005). Final Report explaining the amendments to Rule 127 published with the Court's Order at 50 Pa.B. ___ (___ ___ , 2020).
RULE 1127. RECORDING AND TRANSCRIBING JUVENILE COURT PROCEEDINGS
A. Recording. There shall be a recording of all dependency proceedings, including proceedings conducted by juvenile court hearing officers, except as provided in Rule 1242(B)(2).
B. Transcribing. [Upon the motion of any party, upon its own motion, or as required by law, the court shall order the record to be transcribed.] The transcript shall be requested in accordance with Pa.R.J.A. No. 4007.
C. Correcting or Modifying. At any time before an appeal is taken, the [court may correct or modify the record] transcript may be corrected , and the record may be corrected or modified, in the same manner as is provided by [Rule 1926 of the Pennsylvania Rules of Appellate Procedure] Pa.R.A.P. 1922(c) and Pa.R.A.P. 1926 , respectively .
Comment
Some form of record or transcript is necessary to permit meaningful consideration of claims of error and effective appellate review. In re J.H., 788 A.2d 1006 (Pa. Super. 2001). See, e.g., Pa.R.A.P. 1922, 1923, 1924; Commonwealth v. Fields, 387 A.2d 83 (Pa. 1978); Commonwealth v. Shields, 383 A.2d 844 (Pa. 1978). This rule is intended to provide a mechanism to ensure appropriate recording and transcribing of court proceedings. Pursuant to Rule 1800, 42 Pa.C.S. § 6336(c) was suspended only to the extent that all proceedings are to be recorded, except as provided in Rule 1242(B)(2). Full minutes are not recordings. This change was to effectuate effective appellate review.
The rule is intended to apply to all dependency proceedings and to ensure all proceedings are recorded, including proceedings before juvenile court hearing officers, except for shelter care hearings.
[Paragraph (B) of the rule is intended to authorize courts to require transcription of only such portions of the record, if any, as are needed to review claims of error.] Paragraph (B) is not intended to preclude the court from ordering a transcript in the absence of a request.
Paragraph (C) provides a method for correcting [and modifying] transcripts and correcting or modifying the record before an appeal is taken by incorporating Pa.R.A.P. 1922(c) and Pa.R.A.P. 1926, which otherwise appl[ies]y only after an appeal has been taken. [It is intended that the same standards and procedures apply both before and after appeal.] Official Note: Rule 1127 adopted August 21, 2006, effective February 1, 2007. Amended April 6, 2017, effective September 1, 2017. Amended August 3 , 2020; effective October 1, 2020.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1127 published with the Court's Order at 36 Pa.B. 5599 (September 2, 2006). Final Report explaining the amendments to Rule 1127 published with the Court's Order at 47 Pa.B. 2313 (April 22, 2017). Final Report explaining the amendments to Rule 1127 published with the Court's Order at 50 Pa.B. ___ (___ ___ , 2020).