Section 1187. Authority of Master

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

1) preside over:

a) termination of parental rights hearings;

b) adoptions;

c) any hearing in which any party seeks to establish a permanency goal of adoption or change the permanency goal to adoption;

2) enter orders for emergency or protective custody pursuant to Rules 1200 and 1210;

3) issue warrants; and

4) issue contempt orders.

B. Right to hearing before judge.

1) Prior to the commencement of any proceeding, the master shall inform all parties of the right to have the matter heard by a judge. If a party objects to having the matter heard by the master, the case shall proceed before the judge.

2) If a party objects to having the matter heard by the master pursuant to paragraph (B)(1), the master or the court’s designee for scheduling cases shall immediately schedule a hearing before the judge. The time requirements of these rules shall apply.

Comment

A master’s authority is limited under this rule. To implement this rule, Rule 1800 suspends 42 Pa.C.S. § 6305(b) only to the extent that masters may not hear all classes of cases.

Under paragraph (A)(1)(c), once the permanency goal has been approved for adoption by a judge, all subsequent reviews or hearings may be heard by the master unless a party objects pursuant to paragraph (B).

Under paragraph (A)(3), 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 (B), see 42 Pa.C.S. § 6305(b).

Under paragraph (B)(2), it should be determined whenever possible before the date of the hearing whether there will be an objection to having the matter heard before a master. If it is anticipated that there will be an objection, the case is to be scheduled in front of the judge, rather than the master to prevent continuances and delays in the case.

See Rule 1127 for recording of proceedings before a master.

Official Note

Rule 1187 adopted August 21, 2006, effective February 1, 2007.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1187 published with the Court’s Order at 36 Pa.B. 5599 (September 2, 2006).