THE COURTS
Title 231—RULES OF
CIVIL PROCEDURE
PART II. ORPHANS' COURT RULES
[231 PA. CODE PART II]
Order Amending Rules 1.3, 2.11, 9.1, 9.2, 9.4, 9.5, 9.6, 9.7, and 9.8 of the Pennsylvania Rules of Orphans' Court Procedure; No. 898 Supreme Court Rules Docket
[52 Pa.B. 441]
[Saturday, January 22, 2022]
Order Per Curiam
And Now, this 6th day of January, 2022, upon the recommendation of the Orphans' Court Procedural Rules Committee; the proposal having been published for public comment at 51 Pa.B. 5194 (August 21, 2021):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 1.3, 2.11, 9.1, 9.2, 9.4, 9.5, 9.6, 9.7, and 9.8 of the Pennsylvania Rules of Orphans' Court Procedure are amended in the attached form.
This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective on April 1, 2022.
Justice Brobson did not participate in the consideration or decision of this matter.
Additions to the rules are shown in bold and are underlined.
Deletions from the rules are shown in bold and brackets.
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART II. ORPHANS' COURT RULES
CHAPTER 1. PRELIMINARY RULES Rule 1.3. Definitions.
The following words and phrases when used in these Rules shall have the following meanings, respectively, unless the context clearly indicates otherwise or the particular word or phrase is expressly defined in the Chapter in which the particular Rule is included:
* * * * * ''Guardian ad litem or Trustee ad litem''—a fiduciary who is appointed by a court in a legal proceeding to represent an individual or class of individuals under a legal disability;
''Hearing Officer''—a person who is appointed by the court to investigate any issue of fact and to report findings of fact, conclusions of law, and recommendations to the court. A hearing officer shall include any person now or formerly referred to as a master by rule of court or statute;
''Incapacitated Person''—a person determined to be incapacitated under the provisions of Chapter 55 of Title 20 (relating to incapacitated persons);
* * * * * [Note] Comment: This definitional section is new; but, some of the definitions are substantively identical to the definitions in former Rule 2.3 and other definitions are taken from and are similar to Pa.R.Civ.P. No. 76. The term ''hearing officer'' is used in these Rules in the same manner as ''master'' in the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. §§ 101 et seq. See, e.g., 20 Pa.C.S. § 751(1).
CHAPTER II. ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS Rule 2.11. Appointment of Official Examiners.
The court, by local rule or order in a particular matter, may appoint an official examiner who shall examine the assets held by or the transactions of any fiduciary.
[Note] Comment: Rule 2.11 is substantively identical to former Rule 9.1. The appointment and conduct of Auditors and [Masters] Hearing Officers is provided for in Chapter IX.
CHAPTER IX. AUDITORS AND [MASTERS] HEARING OFFICERS Rule 9.1. Notice of Hearings.
An auditor or [master] hearing officer appointed pursuant to 20 Pa.C.S. § 751 shall give notice of scheduled hearings in such manner and to such parties as local rules shall prescribe.
[Note] Comment: Rule 9.1 is substantively identical to former Rule 8.1.
Rule 9.2. Filing of Report.
An auditor or [master] hearing officer shall file his or her report within 90 days after his or her appointment, unless the court extends the time upon request.
[Note] Comment: Rule 9.2 is based upon former Rule 8.2.
Rule 9.4. Form of [Master's] Hearing Officer's Report.
A [master's] hearing officer's report shall state the number, times, dates, and duration of the hearings held, the number, extent, and causes of any delays or continuances, and the basis of the court's jurisdiction, and shall include a statement and discussion of the questions involved, findings of fact and conclusions of law, and specific recommendations.
[Note] Comment: Rule 9.4 is substantively identical to former Rule 8.4.
Rule 9.5. Transcript of Testimony.
The transcript of testimony taken before an auditor or [master] hearing officer shall be filed with the report.
[Note] Comment: Rule 9.5 is substantively identical to former Rule 8.5.
Rule 9.6. Notice of Filing Report.
An auditor or [master] hearing officer shall give notice of the filing of the report or of the intention to file the report in such manner and to such parties as local rules shall prescribe.
[Note] Comment: Rule 9.6 is substantively identical to former Rule 8.6.
Rule 9.7. Confirmation of Report.
(a) The report of an auditor shall be confirmed in such manner as local rules shall prescribe.
(b) The report of a [master] hearing officer shall not be approved until a decree is entered adopting its recommendations.
[Note] Comment: Rule 9.7 is substantively identical to former Rule 8.7.
Rule 9.8. Security for Expenses and Fees.
An auditor or [master] hearing officer, the accountant, or any interested party may apply to the court at any time for leave to require security for the payment of the auditor's or [master's] hearing officer's expenses and fees, and, when such leave is granted, the auditor or [master] hearing officer may decline to proceed until security is entered.
[Note] Comment: Rule 9.8 is substantively identical to former Rule 8.8.
ORPHANS' COURT PROCEDURAL RULES COMMITTEE ADOPTION REPORT
Amendment of Pa.R.O.C.P. 1.3, 2.11, 9.1, 9.2, 9.4, 9.5, 9.6, 9.7, and 9.8 On January 6, 2022, the Supreme Court amended Pennsylvania Rules of Orphans' Court Procedure 1.3, 2.11, 9.1, 9.2, 9.4, 9.5, 9.6, 9.7, and 9.8, replacing the term ''master'' with ''hearing officer.'' The Orphans' Court Procedural Rules Committee has prepared this Adoption Report describing the rulemaking process as it relates to these Rule amendments. An Adoption Report should not be confused with Comments to the rules. See Pa.R.J.A. 103, Comment. The statements contained herein are those of the Committee, not the Court.
The purpose of the amendments is two-fold. First, while the term ''master'' has traditionally identified a quasi-judicial officer and is considered neutral in legal proceedings, a pejorative connotation has been ascribed to the term in modern parlance outside of court. The term has been used in the procedural rules and statutorily in both state and federal systems and is firmly rooted in the judicial process. However, the term has racially divisive and offensive connotations, as well.
Second, the term has been either already replaced or proposed to be replaced in other bodies of rules. See 47 Pa.B. 2313 (April 22, 2017) (amendments to the Rules of Juvenile Court Procedure); 51 Pa.B. 6764 (October 30, 2021) (amendments to the Rules of Civil Procedure governing domestic relations proceedings); and 51 Pa.B. 4262 (August 7, 2021) (proposed amendments to the Rules of Civil Procedure). In addition, the Committee observes that a number of judicial districts have also changed this terminology in their local rules.
The term ''master'' continues to be used in relevant statutes. See, e.g., 20 Pa.C.S. § 751(1) (''a master to investigate any issue of fact and to report his findings of fact, conclusions of law and recommendations to the court''). Rule 1.3 is amended to add a new definition of ''hearing officer.'' The Comment to Rule 1.3 is amended to clarify that the new term, ''hearing officer,'' is used in the Rules in the same manner as ''master'' in the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. §§ 101 et seq. Finally, the amendments to Rules 2.11, 9.1, 9.2, 9.4, 9.5, 9.6, 9.7, and 9.8, replace the term ''master'' with ''hearing officer'' throughout the Rules.
[Pa.B. Doc. No. 22-112. Filed for public inspection January 21, 2022, 9:00 a.m.]
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