Juvenile Defense Top 10 Lists - Washington · JUVENILE DEFENSE TOP 10 LISTS Office of Public Defense JUVENILE DEFENSE TRAINING ACADEMY Sun Mountain Lodge April 29, 2017 ... The Juvenile

JUVENILE DEFENSE TOP 10 LISTS

Office of Public Defense JUVENILE DEFENSE TRAINING ACADEMY

Sun Mountain LodgeApril 29, 2017

Presenters: Jeri Chavez, Skagit County Public Defender

George Yeannakis, Washington Office of Public Defense

TOP TEN FIVE LIST

Juvenile Case law

CONCEPTS UNIQUE TO JUVENILE COURT

1.Juvenile Records

2.Probation Violations

3.Conditions of Disposition

4.School Searches

5.Juveniles are Different-Adolescent Brain Science

1. Juvenile Records

◦ State v. S.J.C (183 Wn.2d 408 (2015)Juvenile records are generally more protectedYou do not need to apply the Ishikawa factors to seal pursuant to 13.50The presumption of openness is not constitutionally required, because of the fundamental differences between juvenile and adult proceedings.

◦ State v. A.G.S.(176 Wn.App 365(Div2, 2013)Records in the official court file are publicRecords in the social file are confidential

2. PROBATION VIOLATIONS

State v. Barker, 114 Wn.App. 504 (Div. 2, 2002):No more than 30 days for multiple violations of a single disposition order.

State v. Veazie, 123 Wn.App. 392 (Div. 3, 2004):Barker does not apply to violations of multiple disposition orders.

State v. Murrin, 85 Wn.App. 754 (Div. 1, 1997): Conduct cannot be used as both a PV and a new charge; the state must elect.

3. CONDITIONS OF DISPOSITION

State v. V.G., 134 Wn.App. 1067 (Div. 1, 2006) (unpublished)V.G. challenges her sentence for Minor in Possession and/or Consumption of Alcohol. She contends the juvenile court exceeded its authority by imposing non-individualized community supervision conditions. Holding: the court exceeds its authority when it requires sex offender and anger management treatment without a basis in the juvenile's criminal or social history.

State v. B.B., 144 Wn.App. 1017 (Div. 1, 2008) (unpublished)◦ Conditions of dispo need not be crime related◦ But there must be some basis in the record

What can you do with an unpublished opinion?◦ GR 14.1However, unpublished opinions of the Court of Appeals filed on or after March 1, 2013, may

be cited as nonbinding authorities, if identified as such by the citing party, and may be accorded such persuasive value as the court deems appropriate.

http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=GR&ruleid=gagr14.1

4. SCHOOL SEARCHES

N.J. v. T.L.O., 469 US 325, 105 S.Ct. 733 (1985): The School Search Exception.

The fourth amendment does apply to searches conducted by public school officialsBut, PC is not necessary, merely reasonablenessReasonable If:

Reasonable grounds to suspect evidence student violated law or school ruleMeasures are reasonably related to objectives of searchNot excessively intrusive in light of age and sex of student and nature of infraction

State v. Meneese, 174 Wn.2d 937 (2012) School resource officers are treated as police officers, not as school officials

5. KIDS ARE DIFFERENT:Adolescent Brain Development

Roper v Simmons, 543 US 551, 130 S. Ct. 2011 (2005): no death sentence for offenders under 18

Graham v. Florida 560 US 48, 130 S.Ct. 2011 (2010): no mandatory life w/out on non homicide

JDB v. North Carolina, 564 U.S. 261, 131 S.Ct. 2394 (2011): age is relevant to Miranda waiver

Miller v. Alabama, 567 U.S. 460132 S.Ct. 2455 (2012): expands Graham to homicide offenses

Montgomery v. Louisiana, 136 S.Ct. 718 (2016): Miller is retroactive

State v. O’Dell, 183 Wash.2d 680 (2015, en banc): in sentence of 18 year old, youth can be grounds for an MI down.

State v. Houston-Sconiers, --- P.3d ----2017 WL 825654 (2015): trial court has discretion in auto-decline to impose any sentence, including to not impose mandatory enhancements.

State v. Bassett (Div. 2, April 25, 2017): no life w/out (mandatory or not)

TOP 10 TIPS:JUVENILE SENTENCING GRID

Where to Start

1. Sentencing Grid is found at RCW13.40.0357◦And not in RCW 9.94A ( the SRA)

http://app.leg.wa.gov/RCW/default.aspx?cite=13.40.0357


2. If you are sentencing on a misdemeanor:

there is no need for the grid. “local sanctions” apply

0-30 days,

0-150 hrs of community service

0-12 months of community supervison

0-$500 fine

If there is a “local grid,” it is not mandatory

RCW 13.40.0357

Juvenile offender sentencing standards


3. What the heck is an E, +, or -?

This is analogous to the seriousness levels in the SRA. You can find a list in RCW 13.40.0357.

RCW13.40.0357


4. What is a prior/point?◦Felony = 1

◦Misdemeanor = ¼

◦At the time of the offense (not dispo)

◦Not other current offenses


5. You cannot argue the number of weeks within the range.


6. There is no good time.


7. Presumption is -- sentences run consecutive, not concurrent


8. What is the 300% rule? ◦ The aggregate of all consecutive terms in a single disposition

may not exceed 300% of the term imposed for the most serious offense.

◦ Logically, the 300% rule will only be relevant for those dispositions where there are four or more counts sentenced in a single disposition order.

But see, State v. Brown, 47 Wn.App. 729 (Div. 1,1987). RCW 13.40.181(2), limiting court to a disposition of not more than 300% of term imposed for the most serious offense, applies to offenses contained in a single information and not to all offenses heard at a single disposition hearing.

http://www.westlaw.com/find/default.wl?rs=CLWD3.0&vr=2.0&cite=47+Wash.App.+729

http://www.westlaw.com/find/default.wl?rs=CLWD3.0&vr=2.0&cite=WA+ST+13.40.181(2)


9. Manifest Injustice (MIs)◦ You may make up any number you want, less

than 30 days.◦ For a JRA sentence, where you want to

impose a range, you must pay attention to mathematical limitations found in RCW 13.40.030.

◦ To avoid doing math, you can impose a range where the top and bottom are the same, i.e. 60-60 days, 90-90 days, 15-15 weeks, up to age 21.


10. Where is time served?◦30 days or less, local detention

◦Over 30 days JRA

◦where multiple offenses each impose less than 30 days of detention, but the aggregate total of all counts exceeds 30 days, the detention may be served at JRA at the discretion of the juvenile court.


BONUS SLIDE

Probation violations maximum term of all detention time served cannot exceed 180 or 360 Days

Cannot impose Multiple sanctions on one cause number

TOP 10 TIPS:The Juvenile Justice Act of 1977

1.The Purpose of the Act RCW 13.40.010◦ It is the…intent of the legislature that youth…be held accountable for their offenses and that communities, families, and the juvenile courts carry out their functions consistent with this intent


1A. Purpose Continued The legislature declares the following to be equally important purposes of this chapter:

(a) Protect the citizenry from criminal behavior;

(b) Provide for determining whether accused juveniles have committed offenses as defined by this chapter;

(c) Make the juvenile offender accountable for his or her criminal behavior;

(d) Provide for punishment commensurate with the age, crime, and criminal history of the juvenile offender;

(e) Provide due process for juveniles alleged to have committed an offense;

(f) Provide for the rehabilitation and reintegration of juvenile offenders;…


2. Definitions RCW 13.40.020◦ Confinement v. Detention◦ Community Supervision v. Community Restitution◦ Community Restitution v. Restitution◦ Victim v. Insurance Company◦ Standard Range v. Manifest Injustice◦ Diversion◦ Restraints◦ Bail v. Probation Bond◦ Et alia



3. Arrest and Detention RCW 13.40.040◦Grounds for detention

◦ Parent will not take him/her home?

A juvenile may be released only to a responsible adult or the department of social and health services.



4. Screening for diversion RCW 13.40.070◦ Mandatory (1)◦ Discretionary (2 or 3)

Cost of DiversionCannot be used to deny a youth an opportunity to complete a diversion

No requirement to admit guilt – only agree to the terms of the agreement



5. Hearing on declining jurisdictionRCW 13.40.110◦Discretionary

◦Mandatory

◦Automatic? RCW 13.04.030


6. Hearings—Time and place RCW 13.40.120

Really need to see Juvenile Court Rule (JuCR 7.8)



7. Procedure upon plea of guilty or not guilty to information allegations—Notice—Adjudicatory and disposition hearing—Disposition standards used in sentencing. RCW 13.40.130◦You all know this??



8. RCW 13.40.150 Disposition hearingFactors to be considered prior to entry of dispositional order.

(4) The following factors may NOT be considered in determining the punishment to be imposed:

(a) The sex of the respondent;

(b) The race or color of the respondent or the respondent's family;

(c) The creed or religion of the respondent or the respondent's family;

(d) The economic or social class of the respondent or the respondent's family; and

(e) Factors indicating that the respondent may be or is a dependent child within the meaning of this chapter.

(5) A court may not commit a juvenile to a state institution solely because of the lack of facilities, including treatment facilities, existing in the community.



9. Disposition order RCW 13.40.160

Disposition outside standard range—Right of appeal—

disposition alternatives.



10. Sentencing Alternatives:◦SSODA 13.40.160/162

◦CDDA 13.40.165

◦MHDA

◦Option B 13.40.0357

◦Deferred Disposition 13.40.127


10. LFO’s

Costs of support, treatment, and confinement—Order—Contempt of court. RCW 13.40.220◦ Parents not kids must pay. Cannot be added as an

LFO.

Imposition of legal financial obligations—City, town, or county authority. RCW 13.40.720◦ Cannot impose LFOs on juveniles




10. Disposition order

Restitution for loss or damage—Modification of restitution order. RCW 13.40.190



10. Traffic and civil infraction cases. RCW 13.40.250◦Jurisdiction in juvenile or municipal or District?


TOP 10 TIPS:JUVENILE COURT RULES

Where are the Juvenile Court Rules (JuCR’s)?

Rules for Superior Court ◦ Juvenile Court Rules◦ Title 6 - Juvenile Offense Proceedings--Diversion

Agreements◦ Title 7 – 11 Juvenile Offense Proceedings in Juvenile

Court◦ JuCR 1.6 Physical Restraints in the Courtroom

http://www.courts.wa.gov/court_rules/?fa=court_rules.state&group=sup

http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=sup&set=JuCR



http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=JuCR&ruleid=supJuCR01.6


6. Applicability of other Court Rules JuCR1.4

APPLICABILITY OF OTHER RULES

Criminal Rules (CrR). The Superior Court Criminal Rules shall apply in juvenile offense proceedings when not inconsistent with these rules and applicable statutes.

Evidence Rules (ER) The Rules of Evidence shall apply in juvenile court proceedings to the extent and with the exceptions stated in ER 1101.

Local Rules. The local rules of a juvenile court shall apply when not inconsistent with these rules and applicable statutes. Local rules for juvenile court proceedings must be adopted in accordance with GR 7.

https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=JuCR&ruleid=supJuCR01.4


1. JuCR 1.6 Physical Restraints in the Courtroom Juveniles shall not be brought before the court wearing any physical restraint devices except when ordered by the court during or prior to the hearing. Instruments of restraint



2. Diversion Agreements◦Right To Consult With a Lawyer JuCR 6.2

◦Waiver of Counsel JuCR 6.3

◦ADVICE ABOUT DIVERSION PROCESS JuCR 6.4◦ If eligible for diversion, and fail or refuse

◦ If you are found guilty in court, the maximum penalty cannot be greater than the maximum penalty the diversion unit may impose.







3. Title 7 - Juvenile Offense Proceedings in Juvenile Court◦DETENTION AND RELEASE JuCR 7.3



7.1 Invoking Juvenile Court Jurisdiction

7.2 Information

7.3 Detention and Release

7.4 Detention Hearing

7.5 Issuance of Summons or Warrant

7.6 Arraignment and Pleas

7.7 Statement of Juvenile on Plea of Guilty (in Word format)

7.8 Time for Adjudicatory Hearing

7.9 Joinder of Offenses and Consolidation of Adjudicatory Hearings

7.10 Severance of Offenses and Consolidated Hearings

7.11 Adjudicatory Hearing

7.12 Disposition Hearing

7.13 Release Pending Appellate Review

7.14 Modification of Disposition Order

7.15 Waiver of Right to Counsel (in Word format)

7. Juvenile Offense Proceedings in Juvenile Court







https://www.courts.wa.gov/court_rules/Word/supJuCR07.07.doc








https://www.courts.wa.gov/court_rules/Word/supJuCR07.15.doc


4. Statement of Juvenile on Plea of Guilty JuCR7.7

http://www.courts.wa.gov/court_rules/Word/supJuCR07.07.doc


8. Declining Juvenile Court Jurisdiction

8.1 Time for Decline Hearing

8.2 Procedure at Decline Hearing




9. Right to Lawyer and Experts in All Juvenile Court Proceedings9.1 Alternative Residential Placement--Mandatory Appointment of Lawyer

9.2 Additional Right to Representation by Lawyer

9.2 Standards for Indigent Defense (in Word Format)

9.3 Right to Appointment of Experts in Juvenile Offense Proceedings



https://www.courts.wa.gov/court_rules/Word/supJuCR09.2Standards.doc



10. Indigent Defense Standards

JuCR 9.2 Standards for Indigent Defense◦Caseload limits (maximum 250)

◦Training

◦Qualifications

◦Certification◦ Enforcement?

https://www.courts.wa.gov/court_rules/Word/supJuCR09.2Standards.doc

Jeri Chavez, Skagit County Public Defender

George Yeannakis, Office of Public Defense

mailto:[email protected]

mailto:[email protected]

BONUS SLIDE

Juvenile Court Forms: ◦Diversions

◦Juvenile Offense Proceedings Declining

◦Juvenile Court Jurisdiction

◦Juvenile Court Records

http://www.courts.wa.gov/forms/?fa=forms.static&staticID=8

http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=23





Documents

Juvenile Defense Top 10 Lists - Washington · JUVENILE DEFENSE TOP 10 LISTS Office of Public Defense JUVENILE DEFENSE TRAINING ACADEMY Sun Mountain Lodge April 29, 2017 ... The Juvenile