Rule 192. Challenge to Juvenile Court Hearing Officer’s Recommendation.
A. Time limitation. A party may challenge the juvenile court hearing officer’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. Amended April 6, 2017, effective September 1, 2017.
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).
Final Report explaining the amendments to Rule 192 published with the Court’s Order at 47 Pa.B. 2313 (April 22, 2017).
Source The provisions of this Rule 192 amended April 6, 2017, effective September 1, 2017, 47 Pa.B. 2313. Immediately preceding text appears at serial page (357289).
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