In Re DL

904 A.2d 367, 2006 WL 2160410
CourtDistrict of Columbia Court of Appeals
DecidedAugust 3, 2006
Docket04-FS-1594
StatusPublished

This text of 904 A.2d 367 (In Re DL) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re DL, 904 A.2d 367, 2006 WL 2160410 (D.C. 2006).

Opinion

904 A.2d 367 (2006)

In re D.L.; District of Columbia, Appellant.

No. 04-FS-1594

District of Columbia Court of Appeals.

Argued June 27, 2006.
Decided August 3, 2006.

*368 Janice Y. Sheppard, Assistant Attorney General, with whom Robert J. Spagnoletti, Attorney General for the District of Columbia, Edward E. Schwab, Deputy Attorney General, and Rosalyn Calbert Groce, Assistant Attorney General, were on the brief, for appellant.

Sabahat Chaudary, with whom Steven H. Goldblatt, Appellate Litigation Program, Georgetown University Law Center, was on the brief, as amicus curiae for appellee.[*]

Before FARRELL and REID, Associate Judges, and MORIN, Associate Judge, Superior Court of the District of Columbia.[**]

FARRELL, Associate Judge:

The District of Columbia ("the District") appeals from an order of the Superior Court terminating the probation of D.L., a juvenile who had previously been adjudged delinquent and whose probation the District was seeking to have revoked. At a hearing on the petition to revoke probation, the Superior Court judge did not disagree that D.L. had violated his probation (terming it "unsuccessful[]"), but declined to revoke it or to order one of the alternative dispositions specified by D.C.Code § 16-2327(d) (2001) where probation has been violated. Instead, the judge ruled that D.L.'s probation would be "terminated unsuccessfully," stating: "I think we're trying to squeeze blood from a stone. He's done what he can within his abilities."[1] With that ruling, the judge effectively "clos[ed] the case" (as the District states in its notice of appeal), relinquishing the court's jurisdiction over D.L.

We hold that the judge lacked statutory authority to rule as he did. Section 16-2327(d), as will be seen, provides the trial court with considerable but not unlimited discretion to fashion the manner of continued care and rehabilitation of a juvenile found to have violated terms of his probation. What it does not authorize, however, is for the judge to exercise none of the dispositional choices it specifies and instead to close out the case as, in effect, a failed attempt at rehabilitation once he determines that a juvenile has violated probation. As our decisions emphasize, the legislature has defined the law expressly in this area; in particular it has *369 "limit[ed] the authority of judges in delinquency cases," In re P.S., 821 A.2d 905, 909 (D.C.2003), and "the court must act pursuant to [this] `specifically granted authority.'" Id. at 908 (quoting In re J.M.W., 411 A.2d 345, 348 (D.C.1980)). Accordingly, we must vacate the order in question and remand for the judge—assuming he is unable to find that D.L. no longer needs care and rehabilitation, see D.C.Code § 16-2317(d)—to exercise the discretion accorded him by § 16-2327(d). See generally In re Ko.W., 774 A.2d 296, 303 (D.C.2001) (citing Johnson v. United States, 398 A.2d 354, 364 (D.C.1979)).[2]

I.

On May 6, 2003, D.L. was adjudged delinquent based on his admissions that he had possessed marijuana and operated a motor vehicle without a permit. At an August 2003 disposition hearing, the judge found him in need of care and rehabilitation and placed him on probation for six months. The conditions of probation included enrollment and regular attendance at school and monitoring by a probation officer.

In February 2004, while the probation continued, the District petitioned to revoke it on the basis that D.L. had failed to enroll in or attend school and had not kept required appointments with the probation officer. The petition was not set for a hearing until December 2004. Meanwhile, in a series of orders the judge set additional conditions and held review hearings, and, when D.L. failed to appear at an April 2004 hearing, ordered him confined at the Oak Hill juvenile facility. He was later transferred to a less restrictive Youth Shelter House, a placement which the judge continued in September 2004, finding that, as before, "[p]lacement outside [D.L.'s] home is necessary for the welfare of [D.L.] and the safety and protection of the public."[3] In October 2004, the judge released D.L. on probation in the custody of his cousin, Ms. Q., ordering him to reside with her and requiring her to take concrete steps to "participate in the rehabilitation of [D.L.]." See D.C.Code § 16-2325.01.[4]

*370 On December 14, 2004, the deferred hearing on the District's petition for revocation took place. In the presence of the parties, the judge briefly reviewed the record, including the unchallenged assertions of violation, but stated that as "this is not a typical case," his "inclination [was to] terminate probation unsuccessfully." When the District's counsel objected, stating that D.L. had not "done those things that would be necessary to allow him to remain at home" and that "we are certainly running out of options," the judge replied:

This case is almost two years old. . . . [I]t's not his fault that his mother was on drugs when she carried him. It's not his fault that because she was on drugs he's got some difficulties figuring some things out . . . . I think we're trying to squeeze blood from a stone. He's done what he can within his abilities. Probation is terminated unsuccessfully.

II.

Because D.L. was placed on probation for six months in August 2003, his probation ordinarily would have expired in February 2004. The parties agree, however, that the District's petition to revoke, filed before the end of the probationary term, extended it until the hearing and the judge's ruling on the petition. See, e.g., Brown v. United States, 666 A.2d 493, 495 (D.C.1995) (in adult probation context, "[t]he initiation of revocation proceedings within the probationary term automatically extends the term until the time the proceedings take place");[5]see also Harris v. United States, 612 A.2d 198, 206 (D.C. 1992) (absent "expression of legislative intent to the contrary," there is generally "no reason" to "treat juvenile and adult [probation revocation] differently"). Furthermore, although the judge's ruling implicitly denied the petition to revoke, the denial was not based upon a finding that the District had failed to prove a violation. On the contrary, D.L. concedes in his brief that the qualifier that the judge attached to the termination ("unsuccessfully") implies that the judge had "determin[ed] that D.L. had violated probation" in the sense that the violations were proven. At no stage has D.L. disputed that he violated the two conditions of school attendance and regular reporting to the probation officer; and so we take the judge's ruling as presupposing these probation violations.[6]

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Related

Sumpter v. United States
564 A.2d 21 (District of Columbia Court of Appeals, 1989)
Johnson v. United States
398 A.2d 354 (District of Columbia Court of Appeals, 1979)
In Re Ko. W.
774 A.2d 296 (District of Columbia Court of Appeals, 2001)
Mills v. Cooter
647 A.2d 1118 (District of Columbia Court of Appeals, 1994)
Harris v. United States
612 A.2d 198 (District of Columbia Court of Appeals, 1992)
Sebastian v. District of Columbia
636 A.2d 958 (District of Columbia Court of Appeals, 1994)
Flemming v. United States
546 A.2d 1001 (District of Columbia Court of Appeals, 1988)
In re J. M. W.
411 A.2d 345 (District of Columbia Court of Appeals, 1980)
Brown v. States
666 A.2d 493 (District of Columbia Court of Appeals, 1995)
In re P.S.
821 A.2d 905 (District of Columbia Court of Appeals, 2003)
In re D.L.
904 A.2d 367 (District of Columbia Court of Appeals, 2006)

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Bluebook (online)
904 A.2d 367, 2006 WL 2160410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dl-dc-2006.