(G) The clerk of courts shall serve copies of the order granting or denying the motion for transfer to the defendant, the defendant’s attorney, and the attorney for the Commonwealth.

Comment

At the additional status conferences, the parties may request additional orders from the judge for the release of records or other materials relevant to the defendant’s motion for transfer, for the appointment of experts, for the examination of the defendant, for a report from the juvenile probation office, or for any other aids necessary to the disposition of the motion for transfer. The request, if authorized by law, may be made ex parte.

Nothing in this rule is intended to preclude the practice in some judicial districts of notifying the juvenile probation office when a motion requesting transfer is filed or of the date of the hearing on the motion.

Pursuant to 42 Pa.C.S. § 6322(a) of the Juvenile Act, at the hearing on the motion for transfer, the burden of proof is on the defendant ‘‘to establish by a preponderance of the evidence that the transfer will serve the public interest.’’

Paragraph (C) is derived from the 42 Pa.C.S. § 6322(b) of the Juvenile Act. The judge, when making his or her findings of fact and conclusions of law, must comply with the Juvenile Act’s requirement that the judge ‘‘make findings of fact, including specific references to the evidence, and conclusions of law in support of the transfer order.’’

Paragraph (D) also is derived from the requirements of 42 Pa.C.S. § 6322(a) of the Juvenile Act, that ‘‘the defendant’s petition to transfer the case shall be denied by operation of law’’ in any case in which the judge ‘‘does not make its finding within 20 days of the hearing on the petition to transfer the case.’’

When the judge grants a motion to transfer, paragraph (E)(2) requires that the case immediately be transferred for juvenile proceedings pursuant to the Rules of Juvenile Court Procedure and the Juvenile Act, and the criminal court no longer has jurisdiction over the case. However, because the transfer order is immediately appealable by the Commonwealth, Commonwealth v. Johnson, 542 Pa. 568, 669 A.2d 315 (1995), an appeal by the Commonwealth would preclude the transfer of the case and proceedings pursuant to the Rules of Juvenile Court Procedure. See, 42 Pa.C.S. § 6322(d).

When the defendant is taken to the juvenile probation office following the granting of a transfer motion as required in paragraph (E)(2), the juvenile probation officer will determine, pursuant to 42 Pa.C.S. § 6325, whether the defendant should be detained or placed in shelter care or released to the custody of his or her parent, guardian, custodian, or other person legally responsible for him or her. See, also, 42 Pa.C.S. § 6322(d).

Paragraph (E)(3) recognizes the right of the Commonwealth to appeal the transfer order. If the Commonwealth files a notice of appeal, the judge will stay the juvenile proceedings and review the bail status of the defendant, considering whether the defendant should be detained in a secure detention facility during the stay. Pursuant to the rule, the judge may release the defendant from custody in an adult jail conditioned upon the defendant being detained in a secure detention facility. See Rule 524(C)(2) that permits a judge to release a defendant on nonmonetary conditions.

Nothing in this rule gives the defendant’s parents, guardian, or other custodian legal standing in the matter being heard by the court or creates a right of a defendant to have his or her parents, guardian, or other custodian present.

As used in this rule, ‘‘judge’’ means judge of the court of common pleas.

Official Note

Adopted July 31, 2012, effective November 1, 2012.

Committee Explanatory Reports:

Final Report explaining the July 31, 2012 new rule published with the Court’s Order at 42 Pa.B. 5340 (August 18, 2012).