In re: T.K.

800 S.E.2d 463, 253 N.C. App. 443, 2017 WL 2118670, 2017 N.C. App. LEXIS 373
CourtCourt of Appeals of North Carolina
DecidedMay 16, 2017
DocketCOA16-1047
StatusPublished
Cited by2 cases

This text of 800 S.E.2d 463 (In re: T.K.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re: T.K., 800 S.E.2d 463, 253 N.C. App. 443, 2017 WL 2118670, 2017 N.C. App. LEXIS 373 (N.C. Ct. App. 2017).

Opinions

INMAN, Judge.

*443The omissions of a signature by a juvenile court counselor, or other appropriate representative of the State, and the words "Approved for Filing" in a petition in a juvenile delinquency case amount to a jurisdictional error that precludes the district court's authority to consider the matter contained within the petition.

T.K. (Thomas),1 Juvenile-Appellant, appeals from orders adjudicating him delinquent and imposing a level 2 disposition placing him on twelve months of probation and requiring him to perform 30 hours of community service. Thomas argues that because the petition lacked the requisite signature and "Approved for Filing" language from the juvenile court counselor, the district court lacked jurisdiction to hear the matter.

*444After careful consideration, we agree and vacate *465the trial court's orders and dismiss the petition.

Facts and Procedural Background

At the beginning of the school day on Saint Patrick's Day 2016, before the start of first period, a behavioral specialist at Goldsboro High School, Tamoris Wooten, stood watch in the hallway as the students headed to class. Thomas, walking away from a "ruckus" down the hall, approached Wooten, told him, "I'm going to stand right here," and stated "Sir, I'm not trying to get in trouble this morning." Before Wooten could ask Thomas any questions about what he meant, a second student, Brad,2 walked up to Thomas, said a few words, and punched Thomas in the face. Thomas dropped to the floor.

Thomas tried unsuccessfully to climb to his feet while Brad continued punching him. A crowd of around 25 to 30 students gathered around them. Wooten called for staff assistance. Thomas "put his arm up to get [Brad] off of him," and threw one or two punches. Another male staff member helped Wooten separate the boys and Wooten walked with Thomas away from the fight.

As Wooten led Thomas away down the hall to his office, Thomas uttered what was later described as "profanity." Wooten instructed Thomas to stop cursing and to calm down. Thomas stopped cursing by the time they reached Wooten's office and Wooten left him in his office to calm down.

On 26 April 2016, Officer Nicki Artis of the Goldsboro Police Department submitted a complaint with the Clerk of Wayne County Superior Court alleging that Thomas was delinquent because he committed a simply affray, a Class 2 misdemeanor, in violation of N.C. Gen. Stat. § 14-33(a) at his school on 17 March 2016. On 5 May 2016, a juvenile court counselor signed the complaint and marked it "Approved for Filing" as a petition. The petition was then filed with the Wayne County District Court and the matter was scheduled for hearing on 26 May 2016.

On the day of the hearing, Officer Artis signed a second petition related to the same incident, alleging that Thomas was delinquent because he committed disorderly conduct at school. This second petition alleged that Thomas had disturbed the discipline at Goldsboro High School by "arguing loudly in a Goldsboro High School hallway with *445another student, [Brad], which ultimately led to a physical altercation...." This second petition was not signed by a court counselor, nor was it marked as "Approved for Filing," but it was nevertheless filed with the district court.

During the hearing, the State dismissed the simply affray charge and proceeded only on the disorderly conduct petition. The trial court adjudicated Thomas delinquent for disorderly conduct, imposed a Level 2 disposition, ordered Thomas to be placed on a 12 month probation, and ordered him to perform 30 hours of community service.

Thomas timely appealed.

Analysis

Before a court can address any matter on the merits, it must have jurisdiction. Thomas asserts that the trial court lacked subject matter jurisdiction to consider the second petition filed against him because the juvenile court counselor failed to sign the petition and mark whether the petition was "Approved for Filing" as required by N.C. Gen. Stat. § 7B-1703. We agree.

"A universal principle as old as the law is that the proceedings of a court without jurisdiction of the subject matter are a nullity." Burgess v. Gibbs , 262 N.C. 462, 465, 137 S.E.2d 806, 808 (1964) (citation omitted). "Subject matter jurisdiction is the indispensable foundation upon which valid judicial decisions rest, and in its absence a court has no power to act[.]" In re T.R.P. , 360 N.C. 588, 590, 636 S.E.2d 787, 790 (2006) (citations omitted).

"Our General Assembly 'within constitutional limitations, can fix and circumscribe the jurisdiction of the courts of this State.' " Id. (quoting Bullington v. Angel , 220 N.C. 18, 20, 16 S.E.2d 411, 412 (1941) ). "Where jurisdiction is statutory and the Legislature requires the Court to exercise its jurisdiction in a certain manner, to follow a *466certain procedure, or otherwise subjects the Court to certain limitations, an act of the Court beyond these limits is in excess of its jurisdiction." Eudy v. Eudy , 288 N.C. 71, 75, 215 S.E.2d 782, 785 (1975), overruled on other grounds by Quick v. Quick , 305 N.C. 446, 290 S.E.2d 653 (1982). "[W]here it is required by statute that [a] petition be signed and verified, these essential requisites must be complied with before the petition can be used for legal purposes." In re Green

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Bluebook (online)
800 S.E.2d 463, 253 N.C. App. 443, 2017 WL 2118670, 2017 N.C. App. LEXIS 373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tk-ncctapp-2017.