State Ex Rel. Juv. Dept. v. JH-O.

196 P.3d 36, 223 Or. App. 412
CourtCourt of Appeals of Oregon
DecidedOctober 29, 2008
Docket7475J 7475J2 7475J3 A133626
StatusPublished

This text of 196 P.3d 36 (State Ex Rel. Juv. Dept. v. JH-O.) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Juv. Dept. v. JH-O., 196 P.3d 36, 223 Or. App. 412 (Or. Ct. App. 2008).

Opinion

196 P.3d 36 (2008)
223 Or. App. 412

In the Matter of J.H.-O., a Youth.
STATE ex rel. JUVENILE DEPARTMENT OF POLK COUNTY, Respondent,
v.
J.H.-O., Appellant.

7475J; 7475J2; 7475J3; A133626.

Court of Appeals of Oregon.

Argued and Submitted March 26, 2008.
Decided October 29, 2008.

*37 Angela Sherbo argued the cause for appellant. On the brief were Maite Uranga and Juvenile Rights Project, Inc.

Anna M. Joyce, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

ORTEGA, J.

Youth appeals a juvenile court dispositional judgment committing her to the custody of the Oregon Youth Authority (OYA). ORS 419C.478. She asserts that the court erred in its jurisdictional finding that she had committed acts that, if committed by an adult, would constitute theft in the second degree. ORS 419C.005; ORS 164.045. Youth also contends that the court erred by committing her to OYA custody after a dispositional hearing at which she was not represented by counsel. The state concedes that the court erred by committing youth to OYA custody when she was not represented, but contends that youth's challenges to the court's finding of jurisdiction are not reviewable because she did not appeal from the earlier judgment in which that finding was made. We agree with and accept the state's concession, reverse the dispositional judgment, and remand for further proceedings. However, because we conclude that youth's challenges to the court's jurisdictional finding do not concern the judgment from which she appeals, we reject those challenges.

In 2005, youth, in a proceeding in which she was represented by counsel, admitted to acts that, if committed by an adult, would constitute burglary in the first degree. ORS 164.225. After accepting youth's admission, the court found her to be within its jurisdiction, imposed an eight-day suspended sentence, and placed her on probation. The court later held two review hearings to address potential probation violations. Shortly after the second review hearing, the state filed a new petition, alleging that youth had committed acts that, if committed by an adult, would constitute second-degree theft. In June 2006, the court held a hearing on that petition. Although youth was not represented by counsel, the state submitted, and the court accepted, an admission of jurisdiction signed by youth. The following statement appears immediately above youth's signature: "I have the right to appeal the Court's final order by filing Notice of Appeal within 30 days of the date of disposition. * * *" The court entered a jurisdictional judgment in which it found that youth was within the court's jurisdiction and had waived her right to counsel, and set over disposition to a later date. Youth did not appeal that judgment. At the later disposition hearing, in which youth again was not represented by counsel, the court revoked youth's probation, committed her to OYA custody, and entered a dispositional judgment to that effect. Youth did not object to the court's decision to hold a hearing without providing her with counsel. Youth filed a timely appeal from the dispositional judgment.

Youth asserts three assignments of error, the first two of which challenge the court's June 2006 jurisdictional judgment. She first assigns error to the finding that her admission to second-degree theft was knowing, voluntary, and intelligent. Next, youth assigns error to the court's finding that she validly waived her right to counsel at the jurisdictional hearing. Although those challenges to the jurisdictional judgment appear to be untimely under ORS 419A.200 and ORS 419A.205, youth relies on case law predating those statutes to contend that her appeal is timely. Finally, youth contends that the court erred by revoking her probation without notifying her of its intent to do so and by *38 not providing her with counsel. The state responds that youth's first two assignments of error are not reviewable because she did not appeal from the court's jurisdictional judgment as required by ORS 419A.200 and ORS 419A.205. The state concedes youth's third assignment of error, agreeing that youth was unlawfully deprived of her right to counsel.

We begin with youth's first two assignments of error, both of which require us to determine whether, in light of recent amendments to the statutes governing the appealability of juvenile court judgments, our prior case law—which required a party challenging the findings in a jurisdictional order to do so by challenging the dispositional order, as youth did here—remains authoritative. Youth contends that those changes—specifically the amendment of ORS 419A.200 and the enactment of ORS 419A.205—do not invalidate our case law. Employing the methodology described in PGE v. Bureau of Labor and Industries, 317 Or. 606, 610-12, 859 P.2d 1143 (1993), which requires us to determine legislative intent by considering, as appropriate, a statute's text, legislative history, and other construction aids, we conclude that the case law on which youth relies is no longer controlling.

Under ORS 419A.200(1), "a party to a juvenile court proceeding * * * whose rights or duties are adversely affected by a judgment of the juvenile court may appeal therefrom." A party who chooses to appeal must file a notice of appeal "not later than 30 days after the entry of the court's judgment." ORS 419A.200(3)(c). ORS 419A.205 describes the various types of appealable judgments:

"(1) For the purpose of being appealed, the following are judgments:
"(a) A judgment finding a child or youth to be within the jurisdiction of the court;
"(b) A judgment disposing of a petition including, but not limited to, a disposition under ORS 419B.325 or 419C.411[.]"

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Bluebook (online)
196 P.3d 36, 223 Or. App. 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-juv-dept-v-jh-o-orctapp-2008.