In re Kemmo N.

553 A.2d 1273, 315 Md. 193, 1989 Md. LEXIS 30
CourtCourt of Appeals of Maryland
DecidedMarch 2, 1989
DocketNo. 64
StatusPublished
Cited by3 cases

This text of 553 A.2d 1273 (In re Kemmo N.) is published on Counsel Stack Legal Research, covering Court of 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 Kemmo N., 553 A.2d 1273, 315 Md. 193, 1989 Md. LEXIS 30 (Md. 1989).

Opinions

CHARLES E. ORTH, Jr., Judge, Specially Assigned.

I

For over two hundred years in Maryland, statutory construction has been an integral part of the appellate function. As early as 1755, in Hammond v. Denton, 1 H. & McH. 185, the “Court of Appeals of Maryland” was concerned with the intent of a legislative enactment. Since 1965 some thousand Maryland appellate opinions have quested legislative intent. The reason for the plethora of opinions is that the laws enacted by the legislature are at times ethereal, and the appellate court is called upon to construe or interpret them.

Over the years standardized rules used by courts in statutory interpretation have evolved, basically from court explanations as to how they have arrived at the meaning of a statute brought before them in litigation. These precepts have come to be referred to as the cardinal rules or canons of statutory construction.

Ghost Hunting: Finding Legislative Intent in Maryland (1984) p. 1, by Michael S. Miller, Director, Maryland State Law Library. “To a considerable extent [the canons] are founded on both logic and common sense.” Kaczorowski v. City of Baltimore, 369 Md. 505, 512, 525 A.2d 628 (1987). And although, as we observed in Kaczorowski, they may “afford an opportunity for principled decision making, as opposed to ad hoc judicial legislation,” id., “we do not engage in mindless application of canons of statutory construction.” NCR Corp. v. Comptroller, 313 Md. 118, 145, 544 A.2d 764 (1988). Instead,

[w]e look at statutory language in context; we consider legislative history when it is available.... Our endeavor always is to construe statutes so as to implement the legislative goal, not to frustrate it.

[196]*196Id. at 145-146, 544 A.2d 764 (citations omitted). In short, when a court is engaged in the divination of legislative “intent,” the key is the purpose of the legislation, determined in light of the statute’s language and context. Kaczorowski, 309 Md. at 516, 525 A.2d 628. See Wynn v. State, 313 Md. 533, 539, 546 A.2d 465 (1988); State v. In re Patrick A., 312 Md. 482, 540 A.2d 810 (1988).

II

On 24 January 1987, Kemmo N., born 31 December 1971, was charged with “strong arm robbery,” misdemeanor theft, possession of a controlled dangerous substance (POP), and possession of the substance with intent to distribute. The intake officer of the Juvenile Services Agency (JSA) received a complaint from the arresting officer. In due course the intake officer notified the arresting officer that the case would proceed by way of informal adjustment. The intake officer said that upon a review of the facts he had “decided not to authorize Juvenile Court action.” The notice set out the factors considered in the decision and explained the reasons for it. The notice included this statement:

If you disagree with this decision and desire to appeal, you must complete the attached form and mail it to the State’s Attorney’s Office so that it is received by 4/6/87.

The arresting officer did indeed disagree with the decision. He completed the form for appeal and mailed it within the designated time to the State’s Attorney. The State’s Attorney reviewed the police report and a “Juvenile Report Cover Sheet” showing Kemmo’s prior involvement with JSA. He filed a petition in the District Court of Maryland sitting as a juvenile court in Montgomery County charging Kemmo with commission of delinquent acts. JSA closed the case “at intake, pending prosecution by the State’s Attorney’s Office.”

Prior to adjudication of the petition, Kemmo requested the District Court to dismiss the petition. He alleged that the State’s Attorney’s action was improper because it was [197]*197based solely on a review of the police report and the Juvenile Report Cover Sheet and that, in any event, there was no appeal from the intake officer’s decision to proceed by way of informal adjustment. The District Court agreed and dismissed the petition. The State noted an appeal. The Court of Special Appeals affirmed the judgment of the District Court. In Re Kemmo N., 75 Md.App. 269, 540 A.2d 1202 (1988). We granted the State’s petition for a writ of certiorari. The sole question presented is:

Did the Court of Special Appeals erroneously conclude that there is no right of appeal from a decision by the Juvenile Services Agency to proceed informally on a complaint against a juvenile?

Ill

The question calls upon us to interpret Maryland Code (1957, 1984 Repl.Vol., 1988 Cum.Supp.) § 3-810 of the Courts and Judicial Proceedings Article (CJ). The section concerns complaints which may cause a person to be subject to the jurisdiction of a court1 in the exercise of its duties with respect to juvenile causes. Specifically, we are requested to construe the right of appeal from a decision of an intake officer2 of the Juvenile Services Agency to proceed informally on a complaint against a child under the age of 16 years who was charged with the commission of a delinquent act.

We look first at the relevant provisions of CJ § 3-810. References are to subsections and paragraphs of that section. The intake officer shall receive complaints from a [198]*198person or agency having knowledge of facts which may cause a person to be subject to the jurisdiction of the court. (a)(1). He shall make an inquiry as to whether the court has jurisdiction and whether judicial action is in the best interests of the public or the child, (b)(1). Thereafter he may:

(i) authorize the filing of a petition;3
(ii) conduct a further investigation into the allegations of the complaint;
(iii) propose an informal adjustment of the matter; or
(iv) refuse authorization to file a petition.

Id. The intake officer may conduct a further investigation if he concludes it is necessary to reach a decision, (d).

The intake officer may propose an informal adjustment of the matter if based on the complaint, his preliminary inquiry, and such further investigation as he may make, he concludes that the court has jurisdiction but that an informal adjustment, rather than judicial action, is in the best interests of the public and the child. If the intake officer proposes an informal adjustment, he shall inform the parties of the nature of the complaint, the objectives of the adjustment process, the conditions and procedures under which it will be conducted, and the fact that it is not obligatory. The intake officer shall not proceed with an informal adjustment unless all parties[4] to the proceeding consent to that procedure.

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Bluebook (online)
553 A.2d 1273, 315 Md. 193, 1989 Md. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kemmo-n-md-1989.