Ogden v. J.K.M.

557 N.W.2d 229, 1996 N.D. LEXIS 279
CourtNorth Dakota Supreme Court
DecidedDecember 20, 1996
DocketCriminal No. 960052
StatusPublished
Cited by7 cases

This text of 557 N.W.2d 229 (Ogden v. J.K.M.) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ogden v. J.K.M., 557 N.W.2d 229, 1996 N.D. LEXIS 279 (N.D. 1996).

Opinions

NEUMANN, Justice.

The State appeals the juvenile court’s order refusing to transfer J.K.M., a juvenile, from juvenile court to district court under N.D.C.C. § 27-20-34(l)(b)(4).1 We affirm.

J.K.M. was born July 4, 1978. In early July 1995, J.K.M.’s friend, Jane Doe, began dating J.KM.’s ex-boyfriend of fourteen months. On July 20, 1995, J.K.M. invited Jane Doe to her house to give her a birthday present. Jane Doe arrived, but J.K.M. could not find the gift. As Jane Doe was leaving the house, J.K.M. attacked Jane Doe. J.K.M. stabbed Jane Doe with a sword and then tackled her, jumping on her repeatedly. J.K.M. was seventeen years of age. Jane Doe suffered stab wounds to her back and leg, a punctured lung, a broken diaphragm, three fractured ribs, spleen damage, and a severed tendon on her right ring finger. Jane Doe was hospitalized for eight days and has undergone various surgeries to repair her spleen, lung, and tendons in her hand.

J.K.M. was admitted to the Adolescent Mental Health Unit at UniMed hospital on July 21, 1995. She remained in the hospital until August 9, 1996, under the care of Dr. [230]*230Grogan, a medical doctor and psychiatrist. Except for the incident on July 20, 1995,-J.K.M. had no history of violence or delinquency. Before the incident, J.K.M. showed signs of deep depression, including a twenty-pound weight loss and withdrawal from her family and friends. In the hospital, J.K.M. had no memory of the incident. J.K.M. was diagnosed with a single major depressive episode, unspecified.

On July 21, 1995, the State petitioned the court to transfer J.K.M. from juvenile court to district court under N.D.C.C. § 27-20-34(l)(b)(4). The juvenile court held a transfer hearing on January 2 and 3, 1996. At the hearing, various witnesses testified to the events before the attack, the events of the attack, and J.K.M.’s rehabilitation. The medical testimony suggested J.K.M. was not a danger to the community, and could be adequately treated under her current therapy program within three to five years.

The juvenile court found, because J.K.M. has no prior record or past history of violent activity, she is responding well to her treatment, and she is not considered a danger to society, that J.K.M. could be treated and rehabilitated as a juvenile. The State appeals the juvenile court’s order refusing to transfer J.K.M., arguing J.K.M. is not amenable to treatment in the juvenile court system.

“The right to appeal is a jurisdictional matter which we may consider sua sponte.” Johnson v. King, 325 N.W.2d 254, 256 (N.D.1982). In juvenile matters, N.D.C.C. § 27-20-56(1) governs the right to an appeal stating “[a]n aggrieved party ... may appeal from a final order, judgment, or decree of the juvenile court to the supreme court....”

This court has never addressed ap-pealability of an order denying transfer of a juvenile to adult court. Thus, we find it helpful to consider what other jurisdictions with similar statutes have done. See N.D.C.C. § 1-02-13. North Dakota’s juvenile law was adopted from the Uniform Juvenile Court Act. Other states that have adopted the Uniform Juvenile Court Act include Georgia and Pennsylvania.

Pennsylvania has dealt directly with this issue. In In Interest of McCord, 445 Pa.Super. 137, 664 A.2d 1046, 1048-49 (1995), a Pennsylvania juvenile court denied transfer of a juvenile to criminal court and the State appealed. The Pennsylvania appellate court, although recognizing the action was interlocutory, determined an order denying the transfer of a juvenile to adult court was immediately appealable because it effectively terminated the proceeding against the juvenile in criminal court. Based on similar reasoning, we find this matter appealable under N.D.C.C. § 27-20-56(1). We note, in In Interest of C.L.L., 507 N.W.2d 900, 901 (N.D.1993), we dismissed an appeal from an order confirming the referee’s recommendation of adjudication prior to disposition because if at the disposition hearing the child was discharged, the appeal would be moot. However, we distinguish the result of the court’s ruling in this case. Here, the juvenile court’s decision, to maintain jurisdiction over J.K.M. has permanently terminated the State’s opportunity to criminally prosecute J.K.M., without a possibility to appeal or reverse the decision in the future. Therefore, we find the issue appealable as a final order under N.D.C.C. § 27-20-56(1).

Finding this is an appealable order, we examine the matter on its merits. Appellate review of a juvenile matter is similar to the procedure of trial de novo. In Interest of M.D.N., 493 N.W.2d 680, 683-84 (N.D.1992). According to N.D.C.C. § 27-20-56(1), N.D.C.C., we examine “the files, records, and minutes or transcript of the evidence of the juvenile court, giving appreciable weight to the findings of the juvenile court.”

In 1995, the North Dakota legislature amended the section of the Juvenile Court Act governing juvenile transfers to adult court. The effective date of this amendment was August 1,1995. Because the incident on July 20, 1995, occurred eleven days prior to this date, the juvenile court applied the pre-amendment law. The juvenile court’s application of this law was not questioned below and has not been appealed and thus, we also apply the law in effect before the amendments. Prior to the amendments, N.D.C.C. § 27-20-34(l)(b)(4) governed the disposition [231]*231of a juvenile transfer to adult court. Under N.D.C.C. § 27-20-34(l)(b)(4), a court may transfer a juvenile to adult court if there are reasonable grounds to believe:

“(a) The child committed the delinquent act alleged;
(b) The child is not amenable to treatment or rehabilitation as a juvenile through available programs;
(c) The child is not treatable in an institution for the mentally retarded or mentally ill;
(d) The interests of the community require that the child be placed under legal restraint or discipline; and
(e) If the child is fourteen or fifteen years old, the child committed a delinquent act involving the infliction or threat or serious bodily harm.”

“The standard of ‘reasonable grounds’ ... ‘is equivalent to “probable cause.” ’ In Interest of T.M., 512 N.W.2d 441, 443 (N.D.1994). ‘Probable cause and, therefore, reasonable grounds is a minimal burden of proof,’ which is met if ‘there is a definite probability based on substantial evidence.’ ” In the Interest of J.A.G., 552 N.W.2d 317, 320 (N.D.1996) (quoting In Interest of M.D.N., 493 N.W.2d 680, 684 (N.D.1992)).

The State claims the juvenile court erred because reasonable grounds exist to believe J.K.M. is not amenable to treatment through the juvenile system under N.D.C.C. § 27-20-34(l)(b)(4)(b). Significantly, J.K.M. was seventeen years old at the time of the incident. If J.K.M. remains in the juvenile system, the juvenile court can retain jurisdiction over her only until she reaches the age of twenty. N.D.C.C. § 27-20-36(6).

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Cite This Page — Counsel Stack

Bluebook (online)
557 N.W.2d 229, 1996 N.D. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ogden-v-jkm-nd-1996.