In re Order Rescinding and Replacing Rule 121 and Rule 1121 of the Pennsylvania Rules of Juvenile Court Procedure

Summary

This document rescinds and replaces Pennsylvania Rules of Juvenile Court Procedure 121 and 1121 concerning the promulgation and amendment of local procedural rules for delinquency and dependency proceedings. The replacement rules direct courts to Pennsylvania Rule of Judicial Administration 103(d) and took effect August 1, 2016, while preserving previously promulgated local rules subject to compilation and publication requirements.

Holdings

1. Because Pennsylvania Rule of Judicial Administration 103 was amended to consolidate the requirements for local rulemaking, the separate rulemaking requirements in Pa.R.J.C.P. 121 were rescinded and replaced effective August 1, 2016.
2. Because Pennsylvania Rule of Judicial Administration 103 was amended to consolidate the requirements for local rulemaking, the separate rulemaking requirements in Pa.R.J.C.P. 1121 were rescinded and replaced effective August 1, 2016.
3. Local rules previously promulgated in accordance with Pa.R.J.C.P. 121 or 1121 before rescission remain effective upon compilation and publication pursuant to Pa.R.J.A. 103(d)(7).

Questions Presented

1. Whether Pennsylvania Rules of Juvenile Court Procedure 121 and 1121 should be rescinded and replaced in light of the amended local-rulemaking requirements in Pennsylvania Rule of Judicial Administration 103(d).
2. Whether local rules previously promulgated under Rules 121 and 1121 remain effective after those rules are rescinded and replaced.

Disposition

other