THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY REICHLEY, CLYMER, DENLINGER, GEIST, GILLEN, GINGRICH, GROVE, HESS, MICOZZIE, MURT, PYLE, SWANGER AND VEREB, FEBRUARY 8, 2011

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for limitations

on the use of parenting coordinators, masters and other

individuals by courts of common pleas.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Chapter 9 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER F

COURTS OF COMMON PLEAS INTEGRITY

Sec.

971.  Definitions.

972.  Parenting coordinators.

973.  Protection from abuse.

974.  Discovery.

§ 971.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Action."  All proceedings for custody and proceedings for

modification of prior orders of any court.

"Discovery."  The pretrial practice utilized in civil

litigation by a party to obtain facts and information from the

other party in order to assist in the preparation for trial,

including, but not limited to, depositions, interrogatories,

production of documents or things and physical and mental

examinations.

"Parenting coordinator."  An individual, including a

psychologist, licensed social worker, member of the clergy or

attorney, who a judge of a court of common pleas has appointed

to assist the parties in implementing custody arrangements and

in resolving related issues regarding parenting about which the

parties do not agree.

§ 972.  Parenting coordinators.

In an action involving custody of a child, the following

apply:

(1)  A judge of a court of common pleas shall have no

authority to appoint a parenting coordinator in an action

involving custody of a child. Any decision rendered by a

parenting coordinator shall be void.

(2)  In an action involving custody of a child, a judge

of a court of common pleas may appoint a conciliator, a

mediator, an evaluator, a counselor, a hearing officer or

conference officer and any other individual authorized by

statute.

(3)  Nothing in this section shall be construed to

prevent a judge of a court of common pleas from appointing an

attorney to represent a child in a custody action pursuant to

Pa.R.C.P. No. 1915.11 (relating to appointment of attorney

for child. interrogation of child. attendance of child at

hearing or conference).

§ 973.  Protection from abuse.

The following apply:

(1)  Except as provided in paragraph (2), in a matter

arising under the 23 Pa.C.S. Ch. 61 (relating to protection

from abuse), a judge of a court of common pleas shall have no

authority to appoint a master or other individual who is not

a judge to hear a matter arising under 23 Pa.C.S. Ch. 61.

Except as provided in paragraph (2), any decision rendered by

a master or individual other than a judge appointed by a

judge of the court of common pleas in a matter arising under

23 Pa.C.S. Ch. 61 shall be void.

(2)  In accordance with 23 Pa.C.S. § 6110 (relating to

emergency relief by minor judiciary), a hearing officer or

master for emergency relief may be appointed to hear and

decide matters involving emergency relief under 23 Pa.C.S.

Ch. 61. Orders entered by a hearing officer or master for

emergency relief shall be certified to the court of common

pleas as provided in 23 Pa.C.S. § 6110.

(3)  Nothing in this section shall be construed to

prevent the President Judge of the Philadelphia Municipal

Court from appointing masters in proceedings under 23 Pa.C.S

Ch. 61 as set forth in section 1126 (relating to masters).

(4)  For purposes of this section, the terms "hearing

officer" and "master for emergency relief" shall have the

meanings given to them in 23 Pa.C.S. § 6102 (relating to

definitions).

§ 974.  Discovery.

A judge of a court of common pleas may not appoint a special

trial master, discovery master or any other individual,

regardless of title, to monitor the discovery process or make

decisions regarding discovery. Any decision rendered by a

special trial master, discovery master or other individual who

is not a judge shall be void.

Section 2.  This act shall take effect immediately.