KLF v. State

790 P.2d 708
CourtCourt of Appeals of Alaska
DecidedApril 13, 1990
DocketA-3013
StatusPublished

This text of 790 P.2d 708 (KLF 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
KLF v. State, 790 P.2d 708 (Ala. Ct. App. 1990).

Opinion

790 P.2d 708 (1990)

K.L.F., Appellant,
v.
STATE of Alaska, Appellee.

No. A-3013.

Court of Appeals of Alaska.

April 13, 1990.

*709 Blair McCune, Asst. Public Defender, and John B. Salemi, Public Defender, Anchorage, for appellant.

Teresa Williams, Asst. Atty. Gen., Anchorage, and Douglas B. Baily, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

BRYNER, Chief Judge.

In 1988, K.L.F., then fifteen years old, was adjudicated delinquent for shoplifting and stealing her mother's car. She was released on probation to the custody of the state. On December 2, 1988, K.L.F. violated the conditions of her probation by running away from the Booth Home, a group home in which she was residing. She was arrested on March 11, 1989, and at a hearing on March 13, she admitted violating the conditions of her probation. Standing Master Lucinda McBurney recommended that K.L.F. be detained pending her disposition hearing. Superior Court Judge Peter A. Michalski approved Master McBurney's recommendation.[1] K.L.F. appeals, contending that the court erred in detaining her pending disposition. We affirm.

In challenging the superior court's decision to detain her pending a disposition hearing, K.L.F. relies primarily on the Institute of Judicial Administration — American Bar Association, Juvenile Justice Standards, Standards Relating to Interim Status, section 6.6 (1982).[2] This standard narrowly *710 circumscribes the circumstances under which a child who has been accused of delinquency may be detained in custody pending disposition of the charges. Under section 6.6A, two prerequisites must be met before predisposition detention is possible. First, the child must be accused of a crime of violence that would be punishable by a year or more of imprisonment if committed by an adult. Second, even when a crime of violence has been charged, detention may be ordered only if: the specific charge falls within the most serious class of juvenile offenses defined in the IJA-ABA Standards; the child has escaped from an institution following sentencing on a prior adjudication; or the child has a recent record of willful failure to appear for court.

K.L.F. argues that under this standard she could not properly be subjected to detention in a closed facility prior to her adjudication hearing. She points out that the original offenses for which she was adjudicated a delinquent were not serious crimes of violence but only minor thefts. Her current arrest, moreover, was not for a new offense but was only for violating the conditions of her probation by running away from the group home in which she had been placed. K.L.F. further notes that, in ordering her detention, the court did not find her to be a danger to herself or others but relied solely on the finding that her detention was necessary to assure her appearance in court. K.L.F. emphasizes that she has never willfully failed to appear in court. Because the IJA-ABA Standards do not permit predisposition detention under these circumstances, K.L.F. reasons that the superior court erred in ordering her to be detained.

K.L.F. acknowledges that predisposition detention is addressed in Alaska Delinquency Rule 12, but she urges us to look to the IJA-ABA Standards for "guidance" in interpreting and applying Rule 12. K.L.F. cites previous delinquency cases in which we have looked to the IJA-ABA Standards for guidance. See, e.g., J.H. v. State, 758 P.2d 1287 (Alaska App. 1988); R.P. v. State, 718 P.2d 168 (Alaska App. 1986). K.L.F. also cites previous Alaska Supreme Court cases which make it clear that children should not be detained prior to disposition in delinquency proceedings except as a last resort. See, e.g., Doe v. State, 487 P.2d 47, 53 (Alaska 1971).

In our view, however, Alaska Delinquency Rule 12(b) spells out the requisite standard *711 for predisposition detention-decisions and K.L.F.'s reliance on the IJA-ABA Standards is mistaken. Delinquency Rule 12(b) provides:

(b) Detention or Placement after Hearing. A juvenile may not be detained or placed outside the home of a parent or guardian unless the court makes the following findings:
(1) that probable cause exists to believe that either (a) the juvenile has committed a delinquent act as alleged in a petition, or (b) after such a probable cause finding has been made at a prior hearing, the juvenile has violated a release condition or probation condition imposed by the court; and
(2) that detention or placement outside the home of a parent or guardian is necessary either (a) to protect the juvenile or others, or (b) to ensure the juvenile's appearance at subsequent court hearings. The court may not order detention unless there is no less restrictive alternative which would protect the juvenile and the public or ensure the juvenile's appearance at subsequent hearings.

In prior cases, when Alaska statutes or rules have spoken only in general terms and offered little specific guidance, we have readily turned to the IJA-ABA Standards to define the proper scope of the trial court's discretion. In the present case, however, Delinquency Rule 12(b) articulates a specific and unambiguous standard for determining whether a child may properly be detained pending a disposition hearing in a delinquency case. The rule does not incorporate the rigid prerequisites of the IJA-ABA Standards.

The plain language of the rule empowers the superior court to detain a child upon making three predicate findings. First, under Rule 12(b)(1), the court must find probable cause to believe that the child has committed a delinquent act or violated the conditions of probation. Second, under Rule 12(b)(2), the court must find it necessary to place the child outside the home to protect the child or others, or to ensure the child's appearance in court. Third, under the same subsection, if placement outside the home is necessary, actual detention may be ordered only if the court finds that no less restrictive alternative exists.

The plain meaning of Delinquency Rule 12(b) allows little room for interpretation and creates little need to seek guidance in the IJA-ABA Standards. Although we are not inexorably bound by the plain meaning of a rule or statute in all cases, we may depart from plain meaning only to implement the original legislative intent. See Alaska Public Employees Association v. Fairbanks, 753 P.2d 725, 727 (Alaska 1988); State v. Alex, 646 P.2d 203, 208-09 n. 4 (Alaska 1982); North Slope Borough v. Sohio Petroleum, 585 P.2d 534, 540 n. 7 (Alaska 1978). A party arguing for adoption of a meaning other than the plain meaning of a statute or rule bears the burden of establishing legislative history that supports departure from the plain meaning. University of Alaska v. Geistauts, 666 P.2d 424, 428 n. 5 (Alaska 1983); Helton v.

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Related

Doe v. State
487 P.2d 47 (Alaska Supreme Court, 1971)
University of Alaska v. Geistauts
666 P.2d 424 (Alaska Supreme Court, 1983)
Alaska Public Employees Ass'n v. City of Fairbanks
753 P.2d 725 (Alaska Supreme Court, 1988)
Helton v. State
778 P.2d 1156 (Court of Appeals of Alaska, 1989)
State v. Alex
646 P.2d 203 (Alaska Supreme Court, 1982)
North Slope Borough v. Sohio Petroleum Corp.
585 P.2d 534 (Alaska Supreme Court, 1978)
In re G. M. B.
483 P.2d 1006 (Alaska Supreme Court, 1971)
A.M. v. State
653 P.2d 346 (Court of Appeals of Alaska, 1982)
R.P. v. State
718 P.2d 168 (Court of Appeals of Alaska, 1986)
In re J.H.
758 P.2d 1287 (Court of Appeals of Alaska, 1988)
K.L.F. v. State
790 P.2d 708 (Court of Appeals of Alaska, 1990)

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Bluebook (online)
790 P.2d 708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klf-v-state-alaskactapp-1990.