Section 187. Authority of Master

A. Cases to be heard by Master. A master shall have the authority to preside over only the following:

1) detention hearings, detention review hearings, or shelter-care hearings;

2) discovery, pre-adjudicatory, or preliminary proceedings for misdemeanors;

3) any hearing in which the petition alleges only misdemeanors; and

4) uncontested dispositional review hearings and uncontested probation revocation hearings.

B. No authority. A master shall not have the authority to:

1) conduct transfer hearings pursuant to Rule 394;

2) issue warrants; and

3) hear requests for writs of habeas corpus.

C. Right to hearing before judge. Prior to the commencement of any proceeding, the master shall inform the juvenile, the juvenile’s guardian(s), if present, the juvenile’s attorney, and the attorney for the Commonwealth that the juvenile and the Commonwealth have a right to have the matter heard by a judge. If the juvenile or the Commonwealth objects to having the matter heard by the master, the case shall proceed before the judge.

Comment

A master’s authority is limited under paragraph (A) to specifically those types of cases provided. To implement this rule, Rule 800 suspends 42 Pa.C.S. § 6305(b) only to the extent that masters may not hear all classes of cases.

Under paragraph (B)(2), nothing is intended to limit the master’s ability, in a proper case before the master, to recommend to the court that a warrant be issued. This includes arrest, bench, and search warrants.

Concerning the provisions of paragraph (C), see 42 Pa.C.S. § 6305(b).

See Rule 127 for recording of proceedings before a master.

Official Note

Rule 187 adopted April 1, 2005, effective April 1, 2006.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 187 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).