In the Interest of Johnson

257 N.W.2d 47, 1977 Iowa Sup. LEXIS 1133
CourtSupreme Court of Iowa
DecidedAugust 31, 1977
Docket3-60111
StatusPublished
Cited by46 cases

This text of 257 N.W.2d 47 (In the Interest of Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of Johnson, 257 N.W.2d 47, 1977 Iowa Sup. LEXIS 1133 (iowa 1977).

Opinions

MOORE, Chief Justice.

This is a juvenile court proceeding in which the petition alleged Beverly Ann Johnson, age 15, was a child in need of assistance or delinquent in that she stole $110 from the Covenant House at Burlington and also there cut and slashed a sofa with a sharp instrument. By amendment it was claimed she stole a pair of shoes from a Burlington store.

A demand for trial by jury was made and denied. Upon an adjudicatory hearing without a jury, Beverly Ann was adjudged a delinquent child. Her custody was transferred to the department of social services.

Her sole contention on this appeal is that Code section 232.27, which provides all hearings in juvenile cases shall be without a jury, violates Article I, sections 9 and 10 of the Iowa Constitution. Section 9 provides that “the right of trial by jury shall remain inviolate.” Section 10 secures the right of trial by jury “in all criminal prosecutions, and in cases involving the life, or liberty of an individual.”

I. We begin our analysis with a recognition that proceedings in juvenile court are not prosecutions for crime. They are special proceedings which serve as an ameliorative alternative to criminal prosecution of children. State v. White, Iowa, 223 N.W.2d 173, 175; In Re Henderson, Iowa, 199 N.W.2d 111, 116; In Re Delaney, Iowa, 185 N.W.2d 726, 728; Code section 232.1. A child under jurisdiction of the juvenile court is not amenable to prosecution under the criminal law until she is [49]*49transferred for prosecution as an adult. State v. Speck, Iowa, 242 N.W.2d 287, 289; Bergman v. Nelson, Iowa, 241 N.W.2d 14, 15, 16; State v. Anthony, Iowa, 239 N.W.2d 850; State v. White, supra; Code section 232.72.

II. Several constitutional procedural rights were delineated in the landmark decision of In Re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527. It is now settled doctrine the juvenile is entitled to adequate written notice of the charges against him. We have previously held chapter 232 passes constitutional muster in this regard. In Re Henderson, supra, 199 N.W.2d 116, 117. Additionally, the juvenile has a right to counsel, In re Henderson, supra; section 232.28; he also has the right to confront and cross-examine adverse witnesses. In Re Delaney, supra, Iowa, 185 N.W.2d 726. Furthermore he possesses the 5th Amendment right against incrimination. Where a confession is determined to have been involuntarily coerced, due process bars its use. Interest of Thompson, Iowa, 241 N.W.2d 2, 6; Gallegos v. Colorado, 370 U.S. 49, 82 S.Ct. 1209, 8 L.Ed.2d 325; Haley v. Ohio, 332 U.S. 596, 68 S.Ct. 302, 92 L.Ed. 224.

Although the Supreme Court has determined the aforementioned constitutional requirements are applicable in a juvenile delinquency adjudication it has declined to engraft thereto the full panoply of rights constitutionally assured an adult accused of crime. McKeiver v. Pennsylvania, 403 U.S. 528, 533, 534, 91 S.Ct. 1976, 1980, 29 L.Ed.2d 647, 654; In Re Gault, 387 U.S. at 30, 87 S.Ct. at 1445, 18 L.Ed.2d at 548; Kent v. United States, 383 U.S. 541, 562, 86 S.Ct. 1045, 1057, 16 L.Ed.2d 84, 97, 98.

III. We are here guided by the United States Supreme Court’s determination in McKeiver v. Pennsylvania, supra, that due process under the 14th Amendment does not require a jury trial in state juvenile proceedings. Unquestionably we must ultimately determine constitutional requirements in Iowa and are under no obligation to uphold a state statute merely because in the view of the Supreme Court of the United States it is not unconstitutional. Davenport Water Co. v. Iowa State Commerce Com’n, Iowa, 190 N.W.2d 583, 593; Iowa-Illinois G. & Elec. Co. v. Ft. Dodge, 248 Iowa 1201, 1224, 85 N.W.2d 28, 41. However, where, as here, constitutional provisions contain a similar guarantee they are usually deemed to be identical in scope, import and purpose. Davenport Water Co. v. Iowa State Commerce Com’n, supra; Graham v. Worthington, 259 Iowa 845, 863, 146 N.W.2d 626, 638; Dickinson v. Porter, 240 Iowa 393, 400, 35 N.W.2d 66, 72. Thus, while under these circumstances we are not bound by the McKeiver decision, we may look to its rationale for such guidance as it may afford. Shearer v. Perry Community Sch. Dist., Iowa, 236 N.W.2d 688, 691, 692; Davenport Water Co. v. Iowa State Commerce Com’n, supra.

In McKeiver the court refused to hold that a jury is a necessary component of accurate fact finding in the informal and basically nonadversarial process of juvenile hearings. In support of this result the court reasoned as follows:

“If the jury trial were to be injected into the juvenile court system as a matter of right, it would bring with it into that system the traditional delay, the formality, and the clamor of the adversary system and, possibly, the public trial. * *.
“Finally, the arguments advanced by the juveniles here are, of course, the identical arguments that underlie the demand for the jury trial for criminal proceedings. The arguments necessarily equate the juvenile proceeding — or at least the adjudicative phase of it — with the criminal trial. Whether they should be so equated is our issue. Concern about the inapplicability of exclusionary and other rules of evidence, about the juvenile court judge’s possible awareness of the juvenile’s prior record and of the contents of the social file; about repeated appearances of the same familiar witnesses in the persons of juvenile and probation officers and social workers — all to the effect that this will create the likelihood of [50]*50pre-judgment — chooses to ignore, it seems to us, every aspect of fairness, of concern, of sympathy, and of paternal attention that the juvenile court system contemplates.
“If the formalities of the criminal adjudicative process are to be superimposed upon the juvenile court system, there is little need for its separate existence. Perhaps that ultimate disillusionment will come one day, but for the moment we are disinclined to give impetus to it." (Emphasis supplied). 403 U.S. at 550, 551, 91 S.Ct. at 1988, 1989, 29 L.Ed.2d 663, 664.

IV. We have previously upheld the statutory predecessors of section 232.27 in Wissenburg v. Bradley, 209 Iowa 813, 816, 820, 229 N.W. 205, 206, 209, against constitutional challenge under Article I, section 9 of the Iowa Constitution. Notwithstanding appellant’s contention to the contrary, we believe her argument was met and rejected there. In light of McKeiver we reaffirm our prior holding. Section 232.27 is not violative of Article I, section 9.

V. We now turn to juvenile’s contention section 232:27 is violative of Article I, section 10 of our constitution which we have previously set forth.

In light of the foregoing discussion we first must reject the attempt to equate a juvenile adjudicatory hearing with a full scale criminal proceeding. McKeiver v. Pennsylvania,

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Bluebook (online)
257 N.W.2d 47, 1977 Iowa Sup. LEXIS 1133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-johnson-iowa-1977.