THE COURTS

Title 237—JUVENILE RULES

PART I. RULES

[ 237 PA. CODE CH. 4 ]

Proposed Adoption of Pa.R.J.C.P. 420

[45 Pa.B. 1491]
[Saturday, March 28, 2015]

 The Juvenile Court Procedural Rules Committee is planning to propose to the Supreme Court of Pennsylvania the adoption of new Pa.R.J.C.P. 420 governing preservation of weight of evidence claims for appeal, for the reasons set forth in the accompanying explanatory report. Pursuant to Pa.R.J.A. No. 103(a)(1), the proposal is being published in the Pennsylvania Bulletin for comments, suggestions, or objections prior to submission to the Supreme Court.

 Any reports, notes, or comments in the proposal have been inserted by the Committee for the convenience of those using the rules. They neither will constitute a part of the rules nor will be officially adopted by the Supreme Court.

 The Committee invites all interested persons to submit comments, suggestions, or objections in writing to:

Christine Riscili, Counsel
Juvenile Court Procedural Rules Committee
Supreme Court of Pennsylvania
Pennsylvania Judicial Center
PO Box 62635
Harrisburg, PA 17106-2635
FAX: 717-231-9541
juvenilerules@pacourts.us

 All communications in reference to the proposal should be received by May 1, 2015. E-mail is the preferred method for submitting comments, suggestions, or objections; any e-mailed submission need not be reproduced and resubmitted via mail. The Committee will acknowledge receipt of all submissions.

By the Juvenile Court
Procedural Rules Committee

HONORABLE TODD A. HOOVER, 
Chair

Annex A

TITLE 237. JUVENILE RULES

PART I. RULES

Subpart A. DELINQUENCY MATTERS

CHAPTER 4. ADJUDICATORY HEARING

Rule 420. Challenge to the Weight of Evidence.

 A) Timing of challenge. A claim that the ruling on the offense(s), the adjudication of delinquency, or the transfer to criminal proceedings is against the weight of the evidence shall be raised with the court in a motion for reconsideration in any of the following ways:

 1) orally, on the record, at any time before disposition;

 2) by filing a written motion at any time before disposition; or

 3) by filing a post-dispositional motion.

 B) Timing of decision.

 1) If the claim is raised before disposition, the court shall decide the motion before imposing disposition.

 2) The court shall not extend the date for disposition or otherwise delay the dispositional proceeding in order to dispose of the motion.

 C) Timing of appeal. An appeal of the court's decision of the motion under this rule shall be governed by the timing requirements for appeals pursuant to Pa.R.A.P. 903 or a post-dispositional motion pursuant to Rule 620(B)(2) or (3), whichever applies.

Comment

 The purpose of this rule is to make it clear that a challenge to the weight of the evidence is to be raised with the juvenile court or it will be waived. Appellate review of a weight of the evidence claim is limited to a review of the court's exercise of discretion. See In re J.B., 106 A.3d 76 (Pa. 2014); Commonwealth v. Lee, 703 A.2d 470 (Pa. Super. Ct. 1997). See also Commonwealth v. Widmer, 689 A.2d 211 (Pa. 1997); Commonwealth v. Brown, 648 A.2d 1177, 1189—1192 (Pa. 1994).

 When a claim is raised prior to disposition, the juvenile may, but need not, raise the issue again in a post-dispositional motion. See Rule 620(A)(2).

 If there is a claim that the disposition, change in disposition, or a revocation of probation is against the weight of evidence, those claims must be preserved on the record or raised in a post-dispositional motion pursuant to Rule 620.

EXPLANATORY REPORT

 On December 15, 2014, the Supreme Court decided In re J.B., 106 A.3d 76 (Pa. 2014), directing the Juvenile Court Procedural Rules Committee to address the absence of procedural rules on preservation of weight of evidence claims in juvenile court.

 When preserving a claim that the ruling on the offenses pursuant to Rule 408, an adjudication of delinquency pursuant to Rule 409, or the transfer to criminal proceedings pursuant to Rule 394 is against the weight of the evidence, the claim can be raised orally, in a written motion, or by the filing of a post-dispositional motion. If the claim is not raised, it is waived for appeal.

 When preserving a claim that the disposition, change in disposition, or a revocation of probation is against the weight of evidence, the claim must be raised on the record or presented in a post-dispositional motion to be preserved. See Rule 620 for procedures.

 When the weight of evidence has been preserved on the record orally or by the filing of a written motion pursuant to Rule 420(A)(1) or (2), the timing for the appeal is governed by Pa.R.A.P. 903 and Pa.R.J.C.P. 620(B)(3). The notice of appeal must be filed within thirty days of the entry of the order from which the appeal is taken or within thirty days of the imposition of the dispositional order, whichever applies.

 When the weight of evidence has been raised in a post-dispositional motion, the timing for the appeal is governed by Pa.R.J.C.P. 620(B)(2). The notice of appeal shall be filed within thirty days of: 1) the entry of the order deciding the motion; 2) the entry of the order denying the motion by operation of law in cases in which the judge fails to decide the motion; or 3) the order memorializing the withdrawal of cases in which a party withdraws the motion.

[Pa.B. Doc. No. 15-547. Filed for public inspection March 27, 2015, 9:00 a.m.]

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