In re Caldwell

76 Ohio St. 3d 156
CourtOhio Supreme Court
DecidedJuly 31, 1996
DocketNos. 95-574 and 95-718
StatusPublished
Cited by75 cases

This text of 76 Ohio St. 3d 156 (In re Caldwell) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Caldwell, 76 Ohio St. 3d 156 (Ohio 1996).

Opinions

Stratton, J.

The issue before the court is whether juvenile courts may impose consecutive terms of commitment upon a delinquent minor. To reach the proper conclusion in this matter, the court must look at the legislative intent behind juvenile commitment orders.

Juvenile delinquency is a serious issue in our society. The question has been and continues to be — What does one do with a child who commits serious offenses? The legislative purpose regarding such errant children has been laid out in R.C. 2151.01: to provide for the care, protection, and mental and physical development of children, to protect the public from the wrongful acts committed by juvenile delinquents, and to rehabilitate errant children and bring them back to productive citizenship, or, as the statute states, to supervise, care for and rehabilitate those children. Punishment is not the goal of the juvenile system, except as necessary to direct the child toward the goal of rehabilitation.

[158]*158We as a society believe that our goal should be to rehabilitate, wherever possible, a child who may be young enough that the behavior can be molded and the child directed away from delinquent and criminal acts and toward a productive and responsible future. Therefore, our inquiry must begin with the premise that the goal of the juvenile code is to rehabilitate, not to punish, while protecting society from criminal and delinquent acts during rehabilitation.

We also recognize that juvenile delinquency is a serious and increasing problem in our society. There is an increasing level of violence in the delinquent acts committed by juveniles. The more common acts of vandalism and truancy seem to be replaced by more violent acts of assault, robbery, and even murder. Juvenile courts struggle constantly with the need to protect society, the goal of rehabilitation, and this rising tide of violent juvenile delinquency.

R.C. 2151.355 governs how juvenile courts deal with the commitment of a child when necessary for his or her rehabilitation.1 Paragraphs A(l) through A(10) set forth a number of options, ranging from a simple fíne or restitution to commitment of the juvenile to the custody of ODYS. The relevant subsection in effect at the time of Caldwell’s delinquent acts permitted the court to do the following:

“(4) If the child was adjudicated delinquent by reason of having committed an act that would be * * * a felony of the third or fourth degree if committed by an adult, commit the child to the legal custody of the department of youth services for institutionalization for an indefinite term consisting of a minimum period of six months and a maximum period not to exceed the child’s attainment of the age of twenty-one years.” Am.Sub.H.B. No. 725, 144 Ohio Laws, Part IV, 6371.

After a careful review of the legislative intent, this court disagrees with the court of appeals’ conclusion and finds that the juvenile court did have authority to order consecutive terms of commitment under the provisions of R.C. 2151.355(A)(11), which authorized a court to:

“(11) Make any further disposition that the court finds proper, except that the child shall not be placed in any state penal or reformatory institution, county, multicounty or municipal jail or workhouse, or any other place where any adult convicted of crime, under arrest, or charged with crime is held.” (Emphasis added.) Am.Sub.H.B. No. 725, 144 Ohio Laws, Part IV, 6372.

In this case, the court of appeals found that because R.C. 2921.34 required a trial judge to impose consecutive terms of commitment on a juvenile found to be guilty of escape, lack of any specific authorization for consecutive terms of commitment in R.C. 2151.355 meant that the phrase “[m]ake any further disposi[159]*159tion that the court finds proper” could not be read broadly enough to authorize consecutive terms.

The Eighth District Court of Appeals reached the opposite conclusion in In re Samkas (1992), 80 Ohio App.3d 240, 608 N.E.2d 1172. In Samkas, the court found that the phrase “[m]ake any further disposition that the court finds proper” grants authority to the juvenile court to impose consecutive commitment terms. In rejecting the contention that consecutive terms were punitive rather than rehabilitative, that court summed up its rationale:

“It is beyond cavil that each individual learns at his own pace through different means and methods. Some individuals learn quickly and others take longer to learn that one does not take property of another without permission either by violence or otherwise. Some children learn this lesson early in life; appellant obviously had not learned this lesson at age seventeen years. Some juveniles learn only through detention which is itself a means and method of education and rehabilitation. Therefore, the General Assembly passed R.C. 2151.355(A)(10) [now (A)(ll) ], which reads as follows:
“ ‘(10) Make any further disposition that the court finds proper.’ (Emphasis added.)
“Obviously the General Assembly by adding the word any, which it was not required to do, gave the trial judge discretion to further implement the rehabilitative disposition of a juvenile under R.C. 2151.355.” Id. at 244, 608 N.E.2d at 1174.

In In re Bremmer (Apr. 1, 1993), Cuyahoga App. No. 62088, unreported, 1993 WL 95556, relying on Samkas, the court further examined the legislative intent of the statute and concluded that by using the word “any” in paragraph (A)(ll), which the General Assembly was not required to do, it gave the trial judge discretion to take “any” steps the judge believes necessary to fully and completely implement the rehabilitative disposition of a juvenile under R.C. 2151.355. This includes the authority to order consecutive terms of commitment.

By including this catchall provision in R.C. 2151.355, the General Assembly must have intended to leave to the discretion of the trial judge, who is able to view the evidence and witnesses at the dispositional hearing, whether some further disposition is required to fully and completely rehabilitate the delinquent.

As the Bremmer court realized, the requirement of consecutive terms for escape actually buttresses this statutory interpretation. As in R.C. 2929.71, requiring actual incarceration for a felony carried out with a firearm, the legislative intent was to remove discretion from the trial court when escape is involved and to make it mandatory that a trial court require the juvenile to serve a term of commitment for escape consecutively to any other terms of commit[160]*160ment. This in no way suggests that other terms of commitment cannot also be consecutive on a discretionary basis. When read together, R.C. 2921.34 and 2151.355(A)(11) require consecutive terms for escape, but allow them on a discretionary basis for other types of offenses.

The Caldwell court of appeals attempted to distinguish Samkas and Bremmer on the basis that they involved unrelated acts rather than separate delinquent acts arising out of one course of conduct such as those committed by Caldwell. This type of analysis ignores the purposes of rehabilitation, as well as the plain language of the statute.

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Cite This Page — Counsel Stack

Bluebook (online)
76 Ohio St. 3d 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-caldwell-ohio-1996.