Section 191. Master’s Findings and Recommendation to the Judge

A. Announcement of Findings and Recommendation. At the conclusion of the hearing, the master shall announce in open court on the record, the master’s findings and recommendation to the judge.

B. Submission of Papers and Contents of Recommendation. Within one business day, the master 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. Judicial Action. The judge shall by order:

1) accept the recommendation;

2) reject the recommendation and issue an order with a different disposition;

3) send the recommendation back to the master for more specific findings; or

4) schedule a rehearing under Rule 192 within seven days.

Comment

The juvenile court may promulgate a form for masters to use. The summary of the recommendation may take the form of a court order to be adopted by the court.

If a party contests the master’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 master’s decision is subject to approval of the judge. When the judge, in rejecting the master’s recommendation, modifies a factual determination, a rehearing is to be conducted. The judge may reject the master’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. Ct. 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. Ct. 1980).

Nothing in this rule prohibits the court from modifying conclusions of law made by the master.

Official Note

Rule 191 adopted April 1, 2005, effective April 1, 2006.

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).