Rule 26.2.Commitment Hearing by Court of Inquiry

Rule 26.2 governs the commitment hearing that follows first appearance under Rule 26.1. At that hearing, the judicial officer explains its probable-cause purpose, repeats the rights covered at first appearance, and determines whether the accused intends to plead guilty, plead not guilty, or waive the commitment hearing altogether — the plea or waiver decision is made at this hearing, not before it. A guilty plea or a waiver sends the entire case to the court with jurisdiction over the most serious charge; a not-guilty plea moves the case into an evidentiary hearing on probable cause, unless the officer continues it for good cause.

At that evidentiary hearing, the rules of evidence apply, but hearsay is allowed — a looser standard than a trial. The prosecution carries the burden of showing probable cause and can appear through a law enforcement officer, a district attorney, a solicitor, or a private attorney. The accused can be represented by counsel or proceed without one, and can introduce evidence.

The hearing produces concrete outcomes: the officer binds the case over to the court with jurisdiction over the most serious charge that probable cause supports and dismisses any charge that lacks it, notes the disposition on the warrant, and forwards the file to the clerk of the appropriate court for the district attorney. A judicial officer running a commitment hearing cannot impose a final sentence at the hearing, apart from the narrow exception of a county ordinance violation, and the district attorney and accused can get a copy of the hearing record on paying the reasonable cost to prepare it.