State Ex Rel Juv. Dept. v. MT

899 P.2d 1192, 321 Or. 419
CourtOregon Supreme Court
DecidedAugust 10, 1995
DocketCC 8605-80305 CA A78160 SC S41466
StatusPublished

This text of 899 P.2d 1192 (State Ex Rel Juv. Dept. v. MT) is published on Counsel Stack Legal Research, covering Oregon Supreme Court 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. MT, 899 P.2d 1192, 321 Or. 419 (Or. 1995).

Opinion

899 P.2d 1192 (1995)
321 Or. 419

In the Matter of M.T., A Child.
STATE EX REL JUVENILE DEPARTMENT OF MULTNOMAH COUNTY, Respondent on Review,
v.
M.T., Petitioner on Review.

CC 8605-80305; CA A78160; SC S41466.

Supreme Court of Oregon, In Banc.

Argued and Submitted March 6, 1995.
Decided August 10, 1995.

Peter Miller, Portland, argued the cause and filed the brief for petitioner on review.

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Lynn M. Travis, Kathryn Worden Underhill, and Ellen K. Jones, Portland, filed a brief on behalf of amicus curiae Juvenile Rights Project.

GILLETTE, Justice.

In this juvenile delinquency case, we are asked to determine whether a specific "order," entered by a Multnomah County Juvenile Court referee and granting child a "conditional postponement" of his delinquency hearing, is subject to appeal. The Court of Appeals held that the order had "all the earmarks of a [final] dispositional order pursuant to former ORS 419.507"[1] and was, therefore, appealable. State ex rel. Juv. Dept. v. M.T., 128 Or.App. 25, 31, 874 P.2d 836 (1994). The Court of Appeals then reversed the referee's order granting the "conditional postponement" and remanded the matter to the juvenile court for a finding of jurisdiction over the child. Id. On review, *1193 we conclude that the order was not appealable. We therefore vacate the decision of the Court of Appeals.

On July 30, 1992, the state filed a delinquency petition against child, alleging that he had committed five acts that, if committed by an adult, would have constituted sodomy in the first degree. At the dispositional hearing, held on November 18, 1992, child and his lawyer submitted to the referee a signed document entitled "Order Accepting Conditional Postponement Between the Minor and State." In that document, child acknowledged that: (1) he was a minor child who lived within the county; (2) he had a lawyer; (3) he understood the charges against him; (4) he understood that he had the right to a speedy trial, to confront witnesses, to present witnesses of his own, and to choose not to testify; (5) he and his lawyer had signed the document; and (6) he understood that by signing the document he was admitting to the charges and giving up his rights to a trial. Paragraph (7) of the document provided:

"I agree to admit to the charge(s). In exchange, the court agrees to give me a chance to have the charge(s) against me dropped. I know that if I follow all of the conditions in this conditional postponement for 36 months, the State will drop the charge(s) against me, but if I don't follow those conditions, I know that the admission will turn into a conviction on my record."

The rest of the document stated the conditions that the child agreed would be attached to the conditional postponement. They were: (1) "Obey school attendance laws and other school rules" and (2) "Comply with offense-specific Case Management." The referee adopted and signed child's proposed order.

Although the dispositional proceeding was not recorded, a second order of the referee, referred to in a notation to the child's proposed order, summarizes what occurred:

"This matter came before the court for a hearing on a petition, dated July 30, 1992, alleging five counts of Sodomy in the First Degree. The court advised the child of his rights, including his right to trial. The court further advised the child of the maximum penalties possible on the charges. The court found that the child understood his rights in this matter and that he freely and voluntarily waived those rights and admitted to five counts of Sodomy in the First Degree.
"There was a dispute over disposition. The Juvenile Court Counselor, child, and the treatment professionals were recommending a conditional postponement. The District Attorney was recommending probation. The court granted a conditional postponement."

In the Matter of MT, No. 8605-80305 (REF 40) (Order and Disposition, November 24, 1992). The order of the referee then announced:

"The court will postpone imposing disposition until November 18, 1995, with the terms of the conditional postponement as follows:
"Obey all laws;
"Obey all directions of the Juvenile Court Counselor;
"Obey the rules of parents or guardians;
"Abstain from the use of alcohol or drugs;
"Have no contact with [another particular minor];

"Have no unsupervised contact with females 12 years of age or younger;

"Complete any other counseling as directed by the Juvenile Court Counselor."

The referee's order also allowed the state to request a review hearing every six months and terminated temporary commitment of child to the Children's Services Division (CSD).

On November 20, 1992, after the hearing but before the order was signed, the district attorney filed a "Request for Rehearing" before the juvenile court judge pursuant to former ORS 419.581(6)-(7) (1981),[2] and *1194 419.561(7)(a) (1991) (set out post). The request was denied. The state appealed the referee's order of "conditional postponement" to the Court of Appeals. In doing so, it did not assign the ruling on its request for rehearing as error. As noted, the Court of Appeals held that the referee's order of conditional postponement was a "final order" appealable under former ORS 419.561(1) (1991). We allowed review to address the important jurisdictional question presented.

The right of appeal, and the procedures for appeal, are statutory. See Henry and Henry, 301 Or. 185, 188, 721 P.2d 430 (1986) (right to appeal springs from statute); Higgins v. Fields, 150 Or. 528, 534, 47 P.2d 235 (1935) (appellate court has only such authority and jurisdiction as is conferred upon it by statute). The dispositional question in this case is: Does any statute authorize the present appeal?

Special statutes govern appeals in juvenile cases. At the time in question, both former ORS 419.561(1) and (7) spoke to the issue of appellate court jurisdiction of appeals from juvenile court. Our initial task is to determine whether either or both of those statutory subsections conferred jurisdiction on the Court of Appeals to hear and decide this case. See Meyer v. Joseph, 295 Or. 588, 590, 668 P.2d 1228 (1983) (appellate courts have duty to examine jurisdiction to hear case).

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Colby v. Larson
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859 P.2d 1143 (Oregon Supreme Court, 1993)
Meyer v. Joseph
668 P.2d 1228 (Oregon Supreme Court, 1983)
Higgins v. Fields
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State ex rel. Juvenile Department v. M. T.
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State ex rel. Juvenile Department v. M. T.
874 P.2d 836 (Court of Appeals of Oregon, 1994)

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Bluebook (online)
899 P.2d 1192, 321 Or. 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-juv-dept-v-mt-or-1995.