Opinion
SUPREME COURT RULES DOCKET NO. 766
05-04-2018
IN RE: ORDER AMENDING RULE 191 AND REVISING THE COMMENT TO RULE 140 OF THE PENNSYLVANIA RULES OF JUVENILE COURT PROCEDURE
ORDER
AND NOW, this 4th day of May, 2018, upon the recommendation of the Juvenile Court Procedural Rules Committee, the proposal having been published for public comment at 47 Pa.B. 7010 (November 18, 2017):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pennsylvania Rule of Juvenile Court Procedure 191 is amended and the Comment to Pennsylvania Rule of Juvenile Court Procedure 140 is revised in the attached form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on July 1, 2018. 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. 191 and
Revision of Comment to Pa.R.J.C.P. 140
On May 4, 2018, the Supreme Court amended Rule of Juvenile Court Procedure 191 to require that a juvenile be advised of the right to challenge a juvenile court hearing officer recommendation and for a colloquy and inquiry of post-dispositional rights when a juvenile court hearing officer recommends an adjudication of delinquency. Additionally, the Comment to Rule of Juvenile Court Procedure 140 was revised to update references to Rule 191.
On May 11, 2017, Rule 512(C) was amended to require a colloquy and inquiry of post-dispositional rights by the court "after entering disposition on the record." Pa.R.J.C.P. 512(C)(1); see also 47 Pa.B. 2969 (May 27, 2017). Subsequently, a question arose whether the same post-dispositional rights colloquy and inquiry should be conducted when an adjudication of delinquency arises from a recommendation of a juvenile court hearing officer.
It was not evident from the text of Rule 512 concerning dispositional hearings that the requirements set forth in Rule 512, especially paragraph (C), extended to proceedings before a juvenile court hearing officer. Absent a reference in Rule 191 to Rule 512(C), the Juvenile Court Procedural Rules Committee ("Committee") did not believe that the requirements of Rule 512(C) self-evidently applied to matters arising from a juvenile court hearing officer. The Committee believed it to be procedurally inconsistent for a colloquy and inquiry to occur when a juvenile opts to have the matter heard by a judge pursuant to Rule 187(C), but not when a juvenile appears before a hearing officer for the same case type, i.e., a misdemeanor.
Rule 191 was amended to add a new subparagraph (B)(2) to require a colloquy and inquiry of post-dispositional rights when a juvenile court hearing officer recommends an adjudication of delinquency. While a hearing officer may preside over a range of matters, see Pa.R.J.C.P. 187(A), the requirement applies only to adjudications of delinquency to maintain a parallelism with Rule 512(C) - the requirement does not apply to non-adjudicatory matters such as detention hearings, discovery, and uncontested dispositional reviews.
Further, a hearing officer recommendation lacks finality until acted upon by a judge. Yet, a colloquy and inquiry at that juncture would either require the juvenile to re-appear before the hearing officer or appear in front of the judge. Therefore, the advisement of post-dispositional rights is prospective in nature until a judge acts upon the juvenile court hearing officer's recommendation. In practice, the juvenile court hearing officer and the juvenile's counsel should explain to the juvenile that the post-dispositional rights are contingent and triggered upon on the court entering disposition.
Relatedly, there was no rule-based requirement that a juvenile be advised of the right to challenge a juvenile court hearing officer's recommendation pursuant to Rule 192. The Committee concluded that the juvenile should be advised of this right and it would be consistent for the rules to contain such a requirement. See, e.g., Pa.R.J.C.P. 512(C) (requiring advisement of post-dispositional rights); Pa.R.J.C.P. 620(E) (requiring order denying post-dispositional motion to advise of appellate rights; Pa.R.J.C.P. 628(A)(3) (requiring order disposing of motion for nunc pro tunc relief to advise of appellate rights). Upon the recommendation of the Committee, Rule 191 was amended to add new subparagraph (B)(1).
The amendments will become effective July 1, 2018.
RULE 140. BENCH WARRANTS FOR FAILURE TO APPEAR AT HEARINGS
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Comment
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Pursuant to Rule 191, the juvenile court hearing officer is to submit his or her findings and recommendation to the court. In bench warrant cases, the juvenile court hearing officer should immediately take his or her recommendation to the judge so the judge can make the final determination of whether the juvenile or witness should be released. See Rule 191([C]D ).
If the findings and recommendation are not taken immediately to the judge, the juvenile court hearing officer is to submit the recommendation within one business day. See Rule 191([B]C ). Official Note: Rule 140 adopted February 26, 2008, effective June 1, 2008. Amended September 30, 2009, effective January 1, 2010. Amended April 21, 2011, effective July 1, 2011. Amended September 20, 2011, effective November 1, 2011. Amended April 6, 2017, effective September 1, 2017. Amended May 4 , 2018, effective July 1, 2018.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 140 published with the Court's Order at 38 Pa.B. 1142 (March 8, 2008). Final Report explaining the amendments to Rule 140 with the Court's Order at 39 Pa.B. 6029 (October 17, 2009). Final Report explaining the amendments to Rule 140 published with the Court's Order at 41 Pa.B. 2319 (May 7, 2011). Final Report explaining the amendments to Rule 140 with the Court's Order at 41 Pa.B. 5355 (October 8, 2011). Final Report explaining the amendments to Rule 140 published with the Court's Order at 47 Pa.B. 2313 ( April 22 , 2017 ). Final Report explaining the amendments to Rule 140 published with the Court's Order at ___ Pa.B. ___ (___ , 2018).
RULE 191. JUVENILE COURT HEARING OFFICER'S FINDINGS AND RECOMMENDATION TO THE JUDGE
A. Announcement of Findings and Recommendation. At the conclusion of the hearing, the juvenile court hearing officer shall announce in open court on the record, the juvenile court hearing officer's findings and recommendation to the judge. B. Delinquency Recommendation. If a recommendation includes an adjudication of delinquency:
1) the juvenile shall be advised of the right to challenge the recommendation pursuant to Rule 192; and[B]C. Submission of Papers and Contents of Recommendation. Within one business day, the juvenile court hearing officer shall submit a summary of the recommendation to the juvenile court judge. If requested, a copy of the summary shall be given to the juvenile's attorney, the juvenile, if unrepresented, the attorney for the Commonwealth, and the juvenile probation officer. The summary shall specifically state a recommendation to the judge. [C]D. Judicial Action. The judge shall by order:
2) a colloquy and inquiry of post-dispositional rights shall be conducted pursuant to Rule 512(C).
1) accept the recommendation;
2) reject the recommendation and issue an order with a different disposition;
3) send the recommendation back to the juvenile court hearing officer for more specific findings; or
4) schedule a rehearing under Rule 192 within seven days.
Comment
The juvenile court may promulgate a form for juvenile court hearing officers to use. The summary of the recommendation may take the form of a court order to be adopted by the court.
The requirements of paragraph (B) are intended to ensure the juvenile is advised of the right to challenge the juvenile court hearing officer's recommendation and post-dispositional rights in the event the judge accepts the recommendation. If a party [contests] challenges the juvenile court hearing officer's decision, the copy of the summary may be used as an attachment in a motion for a rehearing in front of the judge.
The juvenile court hearing officer's decision is subject to approval of the judge. When the judge, in rejecting the juvenile court hearing officer's recommendation, modifies a factual determination, a rehearing is to be conducted. The judge may reject the juvenile court hearing officer's findings and enter a new finding or disposition without a rehearing if there is no modification of factual determinations. See In re Perry, 459 A.2d 789 (Pa. Super. 1983). The juvenile waives the right to complain of double jeopardy if the Commonwealth requests a rehearing before the judge. See In re Stephens, 419 A.2d 1244 (Pa. Super. 1980).
Nothing in this rule prohibits the court from modifying conclusions of law made by the juvenile court hearing officer. Official Note: Rule 191 adopted April 1, 2005, effective April 1, 2006. Amended April 6, 2017, effective September 1, 2017. Amended May 4 , 2018, effective July 1, 2018.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 191 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005). Final Report explaining the amendments to Rule 191 published with the Court's Order at 47 Pa.B. 2313 ( April 22 , 2017 ). Final Report explaining the amendments to Rule 191 published with the Court's Order at ___ Pa.B. ___ (___ , 2018).