In Re the Appeal in Maricopa County Juvenile Action No. J-93117

654 P.2d 39, 134 Ariz. 105, 1982 Ariz. App. LEXIS 554
CourtCourt of Appeals of Arizona
DecidedOctober 21, 1982
Docket1 CA-JUV 174
StatusPublished
Cited by10 cases

This text of 654 P.2d 39 (In Re the Appeal in Maricopa County Juvenile Action No. J-93117) 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 the Appeal in Maricopa County Juvenile Action No. J-93117, 654 P.2d 39, 134 Ariz. 105, 1982 Ariz. App. LEXIS 554 (Ark. Ct. App. 1982).

Opinions

OPINION

CORCORAN, Judge.

This appeal questions whether a juvenile court order waiving jurisdiction over a juvenile who was almost 18 years of age on the date of the order which transferred or remanded him for prosecution as an adult is correct.

Pursuant to rule 14, Rules of Procedure for the Juvenile Court, the court made the requisite finding of probable cause (not challenged on appeal) and also found that the juvenile, Gilbert, was not amenable to treatment or rehabilitation as a delinquent child through available facilities, that he was not commitable to an institution for the mentally deficient, mentally defective or mentally ill persons, and that the safety or interests of the public required that he be transferred to the adult court for criminal prosecution. Also in accordance with the rule, the court set forth its findings by minute entry on December 23, 1981.1 Gilbert only challenges finding 7 which states:

[107]*1077. The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the juvenile based on:

a. his age;
b. the history of past referrals, especially in light of the recent nature of same;
c. the present referral;
d. the disfunctional family situation;

by the use of procedures, services and facilities currently available to the Juvenile Court are nill. (Emphasis added.) Gilbert contends that there were no reasonable grounds to believe he was not amenable to treatment or rehabilitation. We do not agree.

It has frequently been held that the juvenile court has the power to waive its jurisdiction to hold a child under the age of 18 years and to transfer him for trial in adult criminal court. State v. Jiminez, 109 Ariz. 305, 509 P.2d 198 (1973). In exercising this power, a juvenile court judge must consider'the alternatives to criminal prosecution and decide whether the parens patriae plan of procedure is desirable and proper in the particular case. In the Matter of the Appeal in Santa Cruz County, Juvenile Ac[108]*108tion No. J — 1865, 115 Ariz. 405, 565 P.2d 911 (App.1977); In re Pima County, Juvenile Action No. 35834-1, 20 Ariz.App. 10, 509 P.2d 1047 (1973). Before a judge can transfer a juvenile for criminal prosecution, he must consider the juvenile facilities available to carry out a meaningful rehabilitative treatment program. Rule 14(b).2 In making this inquiry, the juvenile court can consider whether a juvenile would best be dealt with by a wider range of powers, longer term possibilities, and a greater choice of facilities available to the adult corrections system.

The juvenile court is entitled to consider, as it did, that Gilbert was 17 years and ten and one-half months old at the time of his waiver hearing, and would be subject to juvenile jurisdictions for less than six weeks.3 Ariz. Const, art. 6, § 15. In the Matter of the Appeal in Maricopa County Juvenile No. J-86509, 124 Ariz. 377, 604 P.2d 641 (1979); McBeth v. Rose, 111 Ariz. 399, 531 P.2d 156 (1975). Even assuming that a juvenile like Gilbert could be rehabilitated if provided with rehabilitation programs over a longer period of time, the court could reasonably conclude that the short span available to the juvenile authorities in this case would be insufficient to ensure success in any rehabilitative endeav- or.

The psychologist’s report reveals the fact that Gilbert is at a critical juncture in his life.

He [Gilbert] has good leadership qualities and, therefore, it is crucial in regards to where Gilbert wants to lead either towards a more responsible life or towards a more irresponsible antisocial behavior pattern. Right now Gilbert seems to be [109]*109in a bind whether he wants to move towards a more responsible social pattern versus more antisocial acting out.

(Emphasis added.) The report indicates the need for continuing supervision of Gilbert as an adult is present. Yet, the report indicates that Gilbert’s mother is “quite lax” in her discipline style and, therefore, Gilbert “does about what he wants to do within the family situation.” Thus, it is unlikely that Gilbert will get necessary disciplinary guidance from his home environment.

The probation officer’s report raises a question of whether Gilbert will independently seek the counseling he needs after he reaches the age of 18.

The minor began being supervised by the field on 4-20-81 and was placed on probation on 7-29-81. When attempts were made to contact Gilbert in his home he was always available, but when Gilbert was assigned to come to community offices, he did not attend those appointments. The probation officer at that time, Joyce Lew, indicated that “Gilbert’s cooperation with the probation department has been minimal when the responsibility is left to him.”
It appears that Gilbert has some good ideas for the direction he needs to take but has lacked consistent motivation and structure to break out of the drifting situation he has been in and use his very strong intellectual abilities and good personality strengths to direct himself in more constructive behavior and career orientations. When placed in a situation such as detention, the minor is able to function very well and direct his behavior toward achievement of goals. When left on his own within the home situation, he appears to do as he pleases and drifts into problematic situations which end up in police complaints.
If he continues to drift and associate with companions involved in serious offenses, then he will be a constant problem for the courts of the state.

While the probation officer believed Gilbert to be amenable to treatment, his report concluded that such treatment could not be offered before Gilbert turned 18.

The most generally accepted goal of the juvenile system is rehabilitation. Our Supreme Court has stated that:

[T]he purpose of the Arizona juvenile law is not to attempt to establish an arbitrary age below which the child is presumed to be ignorant of the consequences of his acts, but rather to provide a special method of treatment for minors under the age of eighteen who have violated the criminal law, and, even with such children, leaving the application of the juvenile or criminal code to the discretion of the trial court.

McBeth v. Rose, 111 Ariz. at 402, 531 P.2d at 159 (quoting Burrows v. State, 38 Ariz. 99, 111, 297 P. 1029, 1034 (1931)). With this in mind, it becomes clear that a juvenile has no right to avoid adult prosecution solely because he is less than 18 years of age.

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In Re the Appeal in Maricopa County Juvenile Action No. J-93117
654 P.2d 39 (Court of Appeals of Arizona, 1982)

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654 P.2d 39, 134 Ariz. 105, 1982 Ariz. App. LEXIS 554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-appeal-in-maricopa-county-juvenile-action-no-j-93117-arizctapp-1982.