In re Jeffrey L.

437 A.2d 255, 50 Md. App. 268, 1981 Md. App. LEXIS 372
CourtCourt of Special Appeals of Maryland
DecidedDecember 4, 1981
DocketNo. 371
StatusPublished

This text of 437 A.2d 255 (In re Jeffrey L.) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Jeffrey L., 437 A.2d 255, 50 Md. App. 268, 1981 Md. App. LEXIS 372 (Md. Ct. App. 1981).

Opinion

Lowe, J.,

delivered the opinion of the Court.

If strict compliance with legislatively or judicially enacted procedural protections for defendants wastes the valuable time of overburdened courts (as most taxpayers and even trial judges protest), repetition is a far greater waste when requirements are ignored and, after an appeal, compliance is compelled nonetheless. Probably the most hackneyed phrase in Maryland appellate records is the admonition to both bench and bar that rules, by whomever enacted, are "not guides to the practice of law but precise rubrics 'established to promote the orderly and efficient administration of justice and [that they] are to be read and followed.’ ” Isen v. Phoenix Assurance Co., 259 Md. 564, 570 (1970), quoting Brown v. Fraley, 222 Md. 480, 483 (1960). Judicial novices may upon occasion be forgiven, but even they cannot be excused when an individual’s procedural rights have been denied him.

The appeal before us is from the Circuit Court for Prince George’s County, sitting as a Juvenile Court. It arose after an adjudicatory hearing during which a plea bargain was struck between the State and the juvenile. Under the agreement, the juvenile would admit to shoplifting and malicious destruction of property, for which he would make restitution. Other counts would be stetted or nol prossed.

The judge advised the youth before him of the nature of the charges and the trial rights that he was giving up. He apprised him of the restitution responsibility and the likelihood of commitment to a training school, hospital, or other institution until he was twenty-one years of age. Generally, the judge followed the mandated catechisms, and specifically, he advised the youth that there was a good chance he would be committed to Crownsville Adolescent Unit, a surmise which the judge expressly made from a [270]*270report he had received based on the juvenile’s prehearing confinement at Boys Village.

"THE COURT: The chances are very good, based on the report the court has before it from Boy’s Village, that I will commit you to Crownsville. Do you understand that?”

The report to which the court alluded was obviously one made pursuant to Md. Cts. & Jud. Proc. Code Ann. (1974, 1980 Repl. Vol.), § 3-818. That section provides that after a petition has been filed, the court may direct an appropriate agency to make a study of the child relevant to the disposition of the case. As part of the study, the child or its parents may be examined mentally or physically by a professionally qualified person. The report of the study is admissible at a waiver or disposition hearing, but not at an adjudicatory hearing.

The statute further provides that the attorney for each party has the right to inspect the report "prior to its presentation to the court”, in order to determine whether its findings should be challenged or impeached, as well as to provide for the presentation of evidence with respect to the study. Md. Rule 905 further implements § 3-818, providing procedural detail. The detailed procedure relating to the presentation of studies or reports under § 3-818 seems a bit at odds with the statutory requirement that counsel see the report prior to its presentation to the court. The rule provides that the study or report

"shall be furnished by the court to counsel for the parties when received by the court ....”

The rule also mandates that counsel must receive it not less than two days before the hearing (i.e., waiver or disposition) at which the results of the examination will be offered in evidence.

It is apparent in this case that the statute and the rule have been violated. Prior to any formal adjudication of delinquency, the court acknowledged that it had considered, and was still considering, the contents of such a study. [271]*271Furthermore, it is clear from the record that the accused’s counsel had never received a copy of the report although the judge was considering disposition of the case. The judge asked counsel:

"Do you want to send him up for evaluation or just commit him? ”

To which counsel replied,

"I didn’t see the Boy’s Village report, so I don’t know how severe it is,”

clearly indicating that neither the statute nor the rule had been complied with.

The Juvenile Causes statute contemplates a "separate disposition hearing” within thirty days (Md. Rule 915) after an adjudicatory hearing, "unless the petition is dismissed or unless such hearing is waived in writing by all of the parties.” Md. Cts. & Jud. Proc. Code Ann. (1974,1980 Repl. Vol., 1981 Cum. Supp.), § 3-820 (a) (emphasis added). Although the disposition hearing may be held on the same day as the adjudicatory hearing, it may only be done if the notice of the disposition hearing prescribed by the Rules (see Md. Rule 910 c) "is waived on the record by all of the parties”. § 3-820 (a).

In the case before us, the record does not reveal compliance with the procedure to effect a waiver of the disposition hearing, or even waiver of the notice to permit a disposition hearing to proceed on that day. After advising the juvenile of the consequences of his bargain, but before any formal adjudication of delinquency, see In re Roberts, 13 Md. App. 644 (1971), the court appeared to be proceeding toward some sort of a disposition of the matter:

"Very well, then. In these cases, we will, at this time ...”,

when the defense counsel interrupted by saying simply:

"Waive disposition”.

[272]*272By arguing that the defense counsel "[q]uite obviously” did not intend to waive a disposition hearing, the State’s brief seemingly concedes failure to comply with the joint written waiver requirement, if such had been the intent.

"From the context and subsequent events, it is clear that defense counsel meant that he was waiving notice of the disposition hearing, a procedure which under the Rule would allow the disposition hearing to be held immediately. Quite obviously, he was not by that statement, totally waiving a disposition hearing because he made no objection when the judge proceeded to disposition of the matter immediately thereafter. If by 'Waive disposition’ he had meant that no disposition hearing was to be held, he certainly would have registered disapproval of some sort at the time disposition was made. The court was correct in proceeding as it did, and obviously did so with the acquiescence of both defense counsel and the State’s Attorney.”

Even accepting that assumption, we fail to see conformity with the requirement that waiver of notice be "by all of the parties” and that it show "on the record”. The statute does not permit us to infer a waiver from silent acquiescence by one party. That is not a waiver by that party "on the record”.

But addressing such argument distracts us from the real issue. It is of no consequence whether appellant’s counsel sought to waive the notice or the hearing. The fact remains that there was no hearing and there was no written waiver of a hearing. After, advising the juvenile of the nature and consequences of his plea agreement, the judge posed the question to counsel we noted above, i.e., whether counsel preferred evaluation or commitment.

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Related

Covington v. State
386 A.2d 336 (Court of Appeals of Maryland, 1978)
Brown v. Fraley
161 A.2d 128 (Court of Appeals of Maryland, 1960)
Logan v. State
425 A.2d 632 (Court of Appeals of Maryland, 1981)
Isen v. Phoenix Assurance Co.
270 A.2d 476 (Court of Appeals of Maryland, 1970)
In Re Virgil M.
421 A.2d 105 (Court of Special Appeals of Maryland, 1980)
Matter of Roberts
284 A.2d 621 (Court of Special Appeals of Maryland, 1971)
Pride Mark Realty, Inc. v. Mullins
352 A.2d 866 (Court of Special Appeals of Maryland, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
437 A.2d 255, 50 Md. App. 268, 1981 Md. App. LEXIS 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jeffrey-l-mdctspecapp-1981.