In re Juan A.

993 P.2d 1147, 196 Ariz. 183, 313 Ariz. Adv. Rep. 21, 2000 Ariz. App. LEXIS 5
CourtCourt of Appeals of Arizona
DecidedJanuary 20, 2000
DocketNo. 1 CA-JV 98-0253
StatusPublished

This text of 993 P.2d 1147 (In re Juan A.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Juan A., 993 P.2d 1147, 196 Ariz. 183, 313 Ariz. Adv. Rep. 21, 2000 Ariz. App. LEXIS 5 (Ark. Ct. App. 2000).

Opinion

OPINION

NOYES, Judge.

¶ 1 Initially, the State charged Juvenile with violating Arizona Revised Statutes Annotated (“A.R.S.”) section 15-803(B) (Supp. 1998), which provides that “[a] child who is habitually truant as defined in this section may be adjudicated an incorrigible child as defined in § 8-201.” Juvenile admitted this chai’ge to a probation officer who was sitting as a hearing officer pursuant to A.R.S. section 8-323 (Supp.1999). The hearing officer adjudicated Juvenile incorrigible and ordered him to attend school, perform community service, and submit proof of compliance with those orders by a date certain.

¶2 When Juvenile did not submit proof of compliance with those orders by the date certain, the hearing officer, with no notice to Juvenile, instructed the Department of Motor Vehicles, pursuant to A.R.S. section 8-323(D), to suspend Juvenile’s driving privileges until he turned eighteen or complied with the hearing officer’s orders. Additionally, the State filed a delinquency petition alleging that Juvenile “knowingly disobeyed or resisted a lawful order, process or other mandate of the Maricopa County Juvenile Court, in violation of A.R.S. §§ 13-2810, 13-2801, 13-707, 13-802, and 13-812(B).” This class 1 misdemeanor is commonly referred to as “interfering with court proceedings.” The factual basis for this charge was Juvenile’s failure to submit proof of compliance with the incorrigibility case orders regarding school attendance and community service.

¶3 The delinquency petition was heard by a juvenile court judge. The hearing officer was present as the State’s witness. After a few preliminary questions, the State asked the hearing officer whether Juvenile ever submitted proof of compliance with the orders regarding school attendance and community service. After the hearing officer said, “No, he did not,” the State rested. On cross-examination, the hearing officer admitted that the only advice of rights he gave Juvenile prior to accepting his admission to the truancy charge was that he would be giving up his right to trial and his right to appeal and could be fined up to $150.

¶4 The trial court adjudicated Juvenile delinquent as charged and placed him on probation, with special terms regarding community service, curfew, and attendance iii the Detention Prevention Program. This appeal followed. We have jurisdiction pursuant to A.R.S. section 8-235 (Supp.1999) and Arizona Rule of Procedure for the Juvenile Court 24.

¶ 5 The potential issues in this appeal are so numerous that counsel have had trouble focusing the analysis, and so have we. Ordinarily, a defendant has notice and a hearing before being sanctioned, but that did not happen here regarding the suspension of driving privileges. Ordinarily, when a defendant fails to comply with a “go to school” or other rehabilitative order, the State does not file a more serious charge and turn the judge who issued the order into a witness in a higher court, but that happened here. Ordinarily, we would not be concerned about an incorrigibility case when reviewing a delinquency case, but we have those concerns here, where one case was the predicate for the other, and the record on appeal shows a high probability that substantial procedural defects existed in the predicate case.

[185]*185¶ 6 Juvenile’s opening brief argued that the truancy statute was unconstitutional, the admission to that charge was involuntary, the driving privilege suspension was without notice, the delinquency petition was double punishment, and a truant cannot be adjudicated delinquent. We asked for and received supplemental briefing on several other issues. We now narrow the focus onto what we regard as the proper disposition of the appeal.

¶ 7 Because the delinquency case is the only one on appeal, we cannot decide the merits of Juvenile’s collateral attacks on the incorrigibility ease. That adjudication, disposition, and sanction could have been appealed from but were not. See A.R.S. § 8-235; Maricopa County Juv. Action No. JV-508488, 185 Ariz. 295, 297-98, 915 P.2d 1250, 1252-53 (1996) (appealing revocation of probation imposed following adjudication of incorrigibility on ground of habitual truancy). It is undisputed, however, that the delinquency case was based on the incorrigibility case, and that the hearing officer testimony that proved the delinquency charge also proved that Juvenile received inadequate advice of rights and notice of potential consequences in the incorrigibility case. Prior to accepting a juvenile’s admission, the court must advise the juvenile of his rights, give notice of potential consequences, and obtain a waiver that is knowingly, intelligently, and voluntarily given on the record. See Maricopa County Juv. Action No. J-86715, 122 Ariz. 300, 302-03, 594 P.2d 554, 556-57 (App.1979).

§ 8-323. Juvenile hearing officer; appointment; term; compensation; hearings
A. The judge of the juvenile court, or in counties having more than one judge of the juvenile court, the presiding judge of the juvenile court, may appoint one or more persons of suitable experience who may be magistrates or justices of the peace to serve as juvenile hearing officers on a full-time or part-time basis. The county board of supervisors shall approve the appointment of justices of the peace as juvenile hearing officers. The local governing body shall approve the appointment of municipal judges as juvenile hearing officers. The juvenile hearing officer serves at the pleasure of the appointing judge. The appointing judge, with the approval of the board of supervisors, shall determine whether any compensation shall be paid to a juvenile hearing officer who is not otherwise employed by a public agency or holding another public office and shall establish the amounts and rates of the compensation.
B. Subject to the orders of the juvenile court a juvenile hearing officer may hear and determine juvenile pretrial detention hearings and may process, adjudicate and dispose of all cases which are not classified as felonies and in which a juvenile under eighteen years of age on the date of the alleged offense is charged with violating any law relating to the following:
1. Any provision of title 28 not declared to be a felony.
2. The purchase, possession or consumption of spirituous liquor by a juvenile.
3. Boating or game and fish.
4. Curfew.
5. Truancy.
6. The damage or disfigurement of property by graffiti or the purchase or possession of materials with the intent to use the materials for graffiti.
7. The purchase or possession of tobacco.
8. Any city, town or political subdivision ordinance.
9. Interference with judicial proceedings involving disobeying or resisting the lawful order, process or other mandate of a juvenile hearing officer or failure to appear related to any offense in this section.

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Related

Matter of Maricopa Cty. Act. No. Jv-508488
915 P.2d 1250 (Court of Appeals of Arizona, 1996)
In Re the Appeal in Maricopa County Juvenile Action No. J-86715
594 P.2d 554 (Court of Appeals of Arizona, 1979)

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Bluebook (online)
993 P.2d 1147, 196 Ariz. 183, 313 Ariz. Adv. Rep. 21, 2000 Ariz. App. LEXIS 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-juan-a-arizctapp-2000.