J.R.N. v. State

809 P.2d 416, 1991 Alas. App. LEXIS 24, 1991 WL 53292
CourtCourt of Appeals of Alaska
DecidedApril 12, 1991
DocketNo. A-3529
StatusPublished
Cited by3 cases

This text of 809 P.2d 416 (J.R.N. v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J.R.N. v. State, 809 P.2d 416, 1991 Alas. App. LEXIS 24, 1991 WL 53292 (Ala. Ct. App. 1991).

Opinion

OPINION

BRYNER, Chief Judge.

Sixteen-year-old J.R.N. was arrested and charged as a juvenile delinquent for conduct amounting to first-degree murder and related offenses. The state petitioned for waiver of children’s court jurisdiction, seeking to have J.R.N. tried as an adult. Following a hearing, Superior Court Judge [417]*417Peter A. Michalski issued a waiver order, finding that J.R.N. was not amenable to treatment as a juvenile. J.R.N. appeals, contending, in relevant part, that the court erred in failing to suppress a confession obtained in violation of Alaska Delinquency Rule 7(b); the rule requires the police to “immediately notify the parents” of a juvenile’s arrest. We reverse.

There is no dispute as to the relevant facts. At about 8:45 a.m. on October 6, 1989, Anchorage police officers arrested J.R.N. and three juvenile companions in connection with a homicide that occurred the prior day. They took the four juveniles directly to the police station for questioning. At the station, the police held J.R.N. in an interview room for approximately four hours while they questioned J.R.N.’s companions.

During this four-hour period, the police made no effort to notify J.R.N.’s parents of the arrest. However, police sergeant Michael A. Grimes did consult with an assistant district attorney to determine the proper procedure for interrogating juveniles. Grimes was advised that juveniles must be asked if they want a parent notified or present but that parents need not be notified in the absence of a request by the juvenile.

At approximately 1:00 p.m., Grimes began his interrogation of J.R.N. He asked if J.R.N. wanted his parents notified; J.R.N. said that he did not. Grimes advised J.R.N. of his rights and, after securing a waiver, questioned him. J.R.N. eventually admitted the homicide. At about 2:15 p.m., after completion of the interrogation, J.R.N. agreed to assist the police in locating the murder weapon. He accompanied the police to the area where he had abandoned the gun, returning to the station at approximately 3:40 p.m.

The police first asked J.R.N. for his parents’ names and telephone numbers at about 2:20 p.m. — after completing his interrogation but before leaving the station in search of the murder weapon. They made no attempt to contact either parent, however, until 4:00 p.m., after J.R.N. had returned to the station. At that time, the police reached J.R.N.’s father, M.N., by telephone. M.N. came immediately to the station to speak with J.R.N. M.N. had been available all day and would have come to the station earlier had he been notified of J.R.N.’s arrest.

Prior to his waiver hearing, J.R.N. moved to suppress his confession, arguing, among other things, that, pursuant to Alaska Delinquency Rule 7(b), the police should have notified his parents before subjecting him to interrogation.1 The superior court denied J.R.N.’s motion. At the ensuing waiver hearing, the state relied on J.R.N.’s statements and evidence derived therefrom. On appeal from the superior court’s waiver order, J.R.N. renews the argument that his confession was obtained in violation of Delinquency Rule 7(b).

At the time of .J.R.N.’s arrest, Alaska Delinquency Rule 7(b) provided:

[418]*418(b) Detention, Placement, Notification.
If a juvenile is arrested, the juvenile must be taken immediately to a detention facility or placement facility designated by the Department or released pursuant to paragraph (c) of this rule. The arresting officer shall immediately notify the parents, guardian and Department of the arrest and detention or placement, and shall make and retain a written record of the notification. If the juvenile is arrested under subparagraph (a)(3) of this rule, prompt notification must also be given to the Department of Law.

The express language of this provision commands “the arresting officer” to “immediately notify the parents” of their child’s arrest. This language is obligatory, leaving little to the arresting officer’s discretion or the arrested juvenile’s preference.

Interpreting identical language in an analogous rule, the Alaska Supreme Court has recently said, “ ‘Immediately’ means just that.” Copelin v. State, 659 P.2d 1206, 1211 (Alaska 1983), accord Zsupnik v. State, 789 P.2d 357, 359 (Alaska 1990). As the state has correctly conceded, J.R.N. was certainly under arrest when he was placed in custody and taken to the police station for questioning at 8:45 in the morning. See Zsupnik, 789 P.2d at 362. Under the plain language of Delinquency Rule 7(b), the duty to notify J.R.N.’s parents of the arrest arose at that time. J.R.N. nevertheless spent approximately five and one-half hours in custody before the police even asked for his parents’ telephone numbers. Another hour and forty-five minutes elapsed before the police actually contacted J.R.N.’s father.

During four of the seven-plus hours that elapsed between arrest and parental notice, J.R.N. was simply held in custody, awaiting interrogation. Thereafter, he was subjected to custodial interrogation, taken on a search for the murder weapon, and returned to the station. Only when the police had secured all of the information that they desired from J.R.N. did they attempt to notify his parents of the arrest. Under these circumstances, the police conduct in J.R.N.’s case clearly violated the plain language of Delinquency Rule 7(b).

Of course, the plain language of a rule or statute does not invariably determine its meaning. Where, as here, the plain language of a rule is clear and unambiguous, however, the party asserting a different meaning “bears a correspondingly heavy burden of demonstrating contrary legislative intent.” Ward v. State, 758 P.2d 87, 90 n. 5 (Alaska 1988) (quoted in Zsupnik, 789 P.2d at 359). Here, the state makes no showing of a legislative intent contrary to the plain meaning of Delinquency Rule 7(b).

Citing no particular authority, the state asserts that the sole purpose of the rule’s immediate parental notice requirement is to let parents know where their children are. However, the courts of other jurisdictions, construing provisions similar to Delinquency Rule 7(b), have made it clear that a fundamental purpose of immediate parental notice requirements is to maximize the opportunity for parental presence during custodial interrogation of juveniles. See, e.g., Ball v. Ricketts, 779 F.2d 578, 581 (10th Cir.1985); Holloway v. Wainwright, 451 F.2d 149, 151 (5th Cir.1971); People v. Maynes, 193 Colo. 111, 562 P.2d 756, 758 (1977). These decisions lend strong weight to the appropriateness of interpreting Delinquency Rule 7(b) in accordance with its plain meaning.

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Related

J.R.N. v. State
884 P.2d 175 (Court of Appeals of Alaska, 1994)
State v. J.R.N.
861 P.2d 578 (Alaska Supreme Court, 1993)

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Bluebook (online)
809 P.2d 416, 1991 Alas. App. LEXIS 24, 1991 WL 53292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jrn-v-state-alaskactapp-1991.