Section 192. Challenge to Master’s Recommendation

A. Time limitation. A party may challenge the master’s recommendation by filing a motion with the clerk of courts within three days of receipt of the recommendation. The motion shall request a rehearing by the judge and aver reasons for the challenge.

B. Rehearing. The judge shall act on the challenge within seven days of the date of the motion. The detention status of the juvenile will remain the same pending the rehearing unless otherwise ordered by the judge.

Comment

Under paragraph (A), the petition for a rehearing may be oral or written.

Under paragraph (B), the judge does not have to grant a rehearing. A judge may deny the request based on the petition. If the judge does grant a hearing, it should be held within seven days of the date of the challenge.

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).

Official Note

Rule 192 adopted April 1, 2005, effective April 1, 2006.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 192 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).