ANGILAU v. Winder

2011 UT 13, 248 P.3d 975
Procedural entryThis page is a short order in ANGILAU v. Winder. Read the opinion of the Court — 677 Utah Adv. Rep. 4
Utah Supreme Court·Decided March 1, 2011·No. 20090677·Published

Opinion

248 P.3d 975 (2011)
2011 UT 13

Ricky ANGILAU, Petitioner and Appellant,
v.
Sheriff James M. WINDER, Respondent and Appellee.

No. 20090677.

Supreme Court of Utah.

March 1, 2011.

*976 Ronald J. Yengich, Earl G. Xaiz, Elizabeth Hunt, Salt Lake City, for petitioner.

Lohra L. Miller, David A. Johnson, Salt Lake City, for respondent.

Susan Eisenman, Salt Lake City, for amicus curiae The Division of Juvenile Justice Services.

Associate Chief Justice DURRANT, opinion of the Court:

INTRODUCTION

¶ 1 At the age of sixteen, Appellant, Ricky Angilau, was charged as an adult in the district court with several crimes, including murder. Immediately following his arrest, Mr. Angilau was detained in a juvenile detention facility. After three months in the juvenile facility, he was transferred to an adult detention center where he has remained awaiting trial. In this appeal, Mr. Angilau argues that incarcerating him as a child in the adult detention center violated both the Utah Code and the state and federal constitutions.

¶ 2 Following oral argument in this case, but before this opinion was issued, the Utah Legislature amended relevant statutes regarding the pretrial incarceration of children in adult facilities.[1] Additionally, since oral argument Mr. Angilau has turned eighteen years of age and has become an adult under Utah law.

¶ 3 As a result of these changes, Mr. Winder contends that all of the issues raised by Mr. Angilau in this appeal are moot. In contrast, Mr. Angilau argues that his claims *977 are not moot and that resolution of the issues he has raised may still affect his rights. He also argues, in the alternative, that even if some of his claims are moot, we should determine whether his incarceration violated the Utah Code or the unnecessary rigor clause of the Utah Constitution under the public interest exception to the mootness doctrine.

¶ 4 First, we hold that all of the issues presented by Mr. Angilau are moot because even if we were to resolve the issues he has raised in his favor, we could not grant the relief he has requested. Second, we decline to address his statutory and unnecessary rigor claims under the public interest exception to the mootness doctrine, because we hold that the statutory claims are unlikely to recur and that the unnecessary rigor claim is inadequately briefed.

BACKGROUND

¶ 5 At the age of sixteen, Mr. Angilau was charged as an adult with murder, obstruction of justice, carrying a concealed weapon, and possessing a firearm on school premises. Because section 78A-6-701 of the Utah Code (the "Automatic Waiver" statute) provides that "[t]he district court has exclusive original jurisdiction over all persons 16 years of age or older charged with ... an offense which would be murder or aggravated murder if committed by an adult,"[2] the charges against Mr. Angilau were filed in the district court.

¶ 6 Immediately after his arrest, Mr. Angilau was briefly held in a juvenile detention center. From there he was transferred to the Adult Detention Center (the "ADC"), a jail for adults operated by the Salt Lake County Sheriff.

¶ 7 Upon arriving at the ADC, Mr. Angilau was housed with the general population. During his time in the general population, he had several adult cellmates and spent eight hours per day with approximately sixty other adult inmates, some of whom were in jail on aggravated felony charges. While Mr. Angilau was in the general population, there was not constant visual monitoring in the cells or common areas of the ADC. Additionally, although the cells did have intercoms, there was only periodic guard supervision.

¶ 8 After approximately three months in the ADC's general population, Mr. Angilau was transferred to the maximum security unit where he spent, on average, twenty-three hours per day in a cell with his cellmate. Like in the general population, inmates detained in the maximum security unit of the ADC are not under constant video surveillance.

¶ 9 In March 2009, Mr. Angilau filed a Petition for Extraordinary Relief and Request for Immediate Temporary Relief in which he claimed that his incarceration in an adult jail was illegal and demanded his immediate release. The Third District Court denied Mr. Angilau's petition based on its interpretation of relevant laws in the juvenile justice statutory scheme.

¶ 10 Mr. Angilau appealed the denial on statutory and constitutional grounds, and we accepted the appeal. On appeal, he contends that his incarceration in an adult facility violated the Utah Code and the state and federal constitutions. Specifically, in his initial briefing, Mr. Angilau first argued that his incarceration violated the Utah Code because the code did not expressly authorize the detention of children charged under the Automatic Waiver statute in adult facilities. He also argued that his incarceration violated the code because the ADC did not comply with the safety standards adopted by the Board of Juvenile Justice Services (the "Board"), as was required by statute. Additionally, Mr. Angilau argued that the Automatic Waiver statute violated the Due Process and Equal Protection Clauses of the United States Constitution, and the uniform operation of laws clause of the Utah Constitution. These issues are addressed in our opinion in a companion case issued prior to this opinion.[3] Finally, Mr. Angilau contended *978 that the incarceration of juveniles in adult facilities without the safety standards adopted by the Board violated the unnecessary rigor clause of the Utah Constitution.

¶ 11 After oral argument, but before this opinion was issued, the Utah Legislature significantly revised the statutory scheme governing the incarceration of children in adult facilities.[4] Prior to the amendment, section 62A-7-201 of the Utah Code provided that "[c]hildren under 18 years of age ... [could] not be confined in jails, lockups, or cells used for persons 18 years of age or older who are charged with crime ... except as provided by specific statute and in conformance with standards approved by the [B]oard."[5] Additionally, although section 201 did not provide authorization to detain children charged under the Automatic Waiver statute in adult jails, it did provide that "[c]hildren charged by information or indictment with crimes as a serious youth offender ... or certified to stand trial as an adult ... [could] be detained in a jail or other place of detention used for adults."[6]

¶ 12 Following the 2010 amendment, section 62A-7-201 now provides that "[c]hildren under 18 years of age ... may not be confined in jails, lockups, or cells used for persons 18 years of age or older who are charged with crime ... except as provided in... specific statute or, in conformance with standards approved by the [B]oard."[7] Additionally, the amended section now specifies that "[c]hildren charged with crimes under [the Automatic Waiver statute] ... shall be detained in a jail or other place of detention used for adults."[8]

¶ 13 On November 27, 2010, Mr. Angilau turned eighteen years of age. Mr. Winder contends that the statutory amendments and Mr. Angilau's new status as an adult have mooted all of the issues raised in this appeal. In contrast, Mr. Angilau contends that his claims are not moot. Additionally, he argues that even if the issues he has raised are moot, we should still address them under the public interest exception to the mootness doctrine.

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ANGILAU v. Winder, 2011 UT 13, 248 P.3d 975 (Utah 2011).

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