In Re Cascade County District Court

2009 MT 355, 219 P.3d 1255, 353 Mont. 194, 2009 Mont. LEXIS 509
CourtMontana Supreme Court
DecidedOctober 27, 2009
DocketDA 08-0631
StatusPublished
Cited by15 cases

This text of 2009 MT 355 (In Re Cascade County District Court) is published on Counsel Stack Legal Research, covering Montana 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 Cascade County District Court, 2009 MT 355, 219 P.3d 1255, 353 Mont. 194, 2009 Mont. LEXIS 509 (Mo. 2009).

Opinions

CHIEF JUSTICE MCGRATH

delivered the Opinion of the Court.

¶1 Appellant Youth D.W.B. appeals from the denial of his motion to dismiss and dispositional order of the Youth Court of the Eighth Judicial District Court, Cascade County. We affirm.

¶2 After unsuccessfully attempting to withdraw from a consent adjustment without petition (consent adjustment) before the Youth Court, D.W.B. raises the following issues:

¶3 Whether §41-5-1512, MCA, is unconstitutional on its face and as applied.

¶4 Whether the Youth Court lacked jurisdiction to revoke D.W.B.’s consent adjustment and order disposition.

¶5 Whether D.W.B. should be allowed to withdraw his consent adjustment at any time.

BACKGROUND

¶6 Appellant Youth D.W.B. was cited for misdemeanor criminal trespass to property and minor in possession of alcohol (MIP) on June 10, 2007. D.W.B. pled guilty to the MIP in justice court. For the criminal trespass citation, D.W.B. entered into a consent adjustment, signed by D.W.B., his parent, the deputy and chief probation officers, a deputy county attorney, and the youth court judge. On October 4, 2007, the Youth Court approved the consent adjustment and ordered ‘informal probation” for approximately nine months with conditions.

¶7 The State filed a petition to revoke the consent adjustment on June 17, 2008, based on a Youth Court Services report of violation alleging that D.W.B. had violated four conditions of his consent adjustment and probation. D.W.B. objected to the proceeding to revoke the consent adjustment and filed a motion to dismiss, challenging the constitutionality of §41-5-1512, MCA, on due process grounds. Counsel for D.W.B. informed the court that the Youth and his mother were confused when they signed the consent adjustment, and D.W.B. would have denied the trespass claim and demanded a trial had he known the details of the complaint. The court denied the motion to dismiss on September 26, 2008, concluding the statute was constitutional.

¶8 At the evidentiary hearing on the petition to revoke the consent adjustment, D.W.B. moved for reconsideration of the motion to dismiss, which the court denied. D.W.B. pled ‘true” that he had violated two conditions of his consent adjustment probation (skipping school, and consuming alcohol or drugs). The court revoked the previous conditions of probation imposed by the consent adjustment [196]*196and extended D.W.B.’s probation until January 31, 2009, with conditions attached and incorporated into the order. D.W.B. now appeals.

STANDARD OF REVIEW

¶9 Statutes enjoy a presumption of constitutionality and the person challenging a statute’s constitutionality bears the burden of proving it unconstitutional beyond a reasonable doubt. State v. Knudson, 2007 MT 324, ¶ 12, 340 Mont. 167, 174 P.3d 469. The constitutionality of a statute is a question of law. Knudson, ¶ 12. This Court exercises plenary review of questions of constitutional law, and reviews a district court’s application of the Constitution to determine if it is correct. Knudson, ¶ 12.

¶10 This Court reviews a youth court’s interpretation and application of the Youth Court Act for correctness. In re K.D.K., 2006 MT 187, ¶ 15, 333 Mont. 100, 141 P.3d 1212.

DISCUSSION

¶11 Whether §41-5-1512, MCA, is unconstitutional on its face and as applied.

¶12 A consent adjustment without petition is an informal tool used by a probation officer when a youth is alleged to have violated the law but the probation officer does not believe it would be in the best interests of the youth, the family, and the public to file a formal petition. A consent adjustment allows the State to rehabilitate the youth through probation or other dispositions without charging the youth formally. See Youth Court Act, Title 41, Chapter 5, Part 13 Informal Proceeding. Section 41-5-1512(1), MCA, regarding the disposition of youths who violate consent adjustments, provides in relevant part: “[i]f a youth is found ... to have violated a consent adjustment, the youth court may enter its judgment making one or more of the following dispositions: (a) place the youth on probation. The youth court shall retain jurisdiction in a disposition under this subsection.”

¶13 D.W.B. argues that §41-5-1512,MCA,is unconstitutional because it allows the State and the youth court to proceed from an informal consent adjustment, in which the youth makes admissions and agrees to conditions without the advice of counsel, to a formal revocation and disposition without requiring the State to formally charge the youth. In particular, D.W.B. claims that §41-5-1512, MCA, permits the youth court to accept the consent adjustment “admission” as an admission of “true” to a criminal offense and proceed to formal disposition without [197]*197assurances that the admission was voluntary, knowing, and intelligent. D.W.B. argues that §41-5-1512, MCA, allows the State to use a consent adjustment as an admission of a crime and bypass requirements to prove the underlying offense and grant certain constitutional protections.

¶14 D.W.B. misses the critical distinction implicit in informal proceedings, which precludes adjudication of the youth as either a delinquent youth or a youth in need of intervention and any resulting commitment to Department of Corrections’ facilities. Compare §§41-5-1304 and -1512, MCA, with § 41-5-1513(l)(b), MCA. Montana recognizes that youths are to be given special treatment by the courts. The youth court system is designed to promote individual rehabilitation and allow young people to learn positive lessons from their transgressions. In youth court, these young people are not subject to the same criminal sanctions as are adults. An express legislative purpose of the Montana Youth Court Act is ‘to prevent and reduce youth delinquency through a system that does not seek retribution but that provides: (a) immediate, consistent, enforceable, and avoidable consequences of youths’ actions; (b) a program of supervision, care, rehabilitation, detention, competency development, and community protection for youth before they become adult offenders[.]” Section 41-5-102(2), MCA; In re D.A.S., 2008 MT 168, ¶ 11, 343 Mont. 360, 184 P.3d 349; Matter of S.L.M., 287 Mont. 23, 35-36, 951 P.2d 1365, 1373 (1997).

¶15 Due process guarantees of right to counsel generally attach when an individual is charged with a criminal offense that could result in the individual being incarcerated. See Lassiter v. Dept. of Soc. Servs. of Durham Co., N.C., 452 U.S. 18, 25-27, 101 S. Ct. 2153, 2158-59 (1981); In re Gault, 387 U.S. 1, 41, 87 S. Ct. 1428, 1451 (1967); State v. Buck, 2006 MT 81, ¶ 33, 331 Mont. 517, 134 P.3d 53. Incarceration is not authorized under the informal proceedings of the Youth Court Act. Moreover, there were no violations of due process here. The consent adjustment was signed both by the youth and his parent and it was approved by the judge. The consent adjustment advised D.W.B. of his basic legal rights guaranteed by law and that violations might result in a formal dispositional hearing resulting in any disposition contained in §41-5-1512, MCA. The Youth Court held hearings at which D.W.B.

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In Re Cascade County District Court
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Cite This Page — Counsel Stack

Bluebook (online)
2009 MT 355, 219 P.3d 1255, 353 Mont. 194, 2009 Mont. LEXIS 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cascade-county-district-court-mont-2009.