STATE OF LOUISIANA IN * NO. 2024-CA-0784 THE INTEREST OF L.D. * COURT OF APPEAL * FOURTH CIRCUIT * STATE OF LOUISIANA *******
CONSOLIDATED WITH: CONSOLIDATED WITH:
STATE OF LOUISIANA IN THE INTEREST NO. 2024-CA-0786 OF T.J.
APPEAL FROM JUVENILE COURT ORLEANS PARISH NO. 2024-058-08-DQ-A, SECTION “A” Honorable Clinton Smith, ****** Judge Daniel L. Dysart ****** (Court composed of Judge Daniel L. Dysart, Judge Nakisha Ervin-Knott, Judge Monique G. Morial)
Katherine M. Franks LOUISIANA APPELLATE PROJECT P.O. Box 220 Madisonville, LA 70447
COUNSEL FOR DEFENDANTS/APPELLEES Jason R. Williams District Attorney Brad Scott Chief of Appeals Zachary M. Phillips Assistant District Attorney ORLEANS PARISH DISTRICT ATTORNEY’S OFFICE 619 S. White Street New Orleans, LA 70119
COUNSEL FOR STATE OF LOUISIANA/APPELLANT
REVERSED AND REMANDED
FEBRUARY 17, 2025 DLD In this juvenile delinquency case, T.J. and L.D. were each charged with a NEK MGM violation of La. R.S. 14:40.1 (Terrorizing; menacing). L.D. was also charged with
a violation of La. R.S. 14:38.2 (Assault on a school teacher). The State of
Louisiana appeals the juvenile court’s granting of T.J.’s and L.D.’s motions to
dismiss for failure to timely prosecute. For the reasons that follow, we reverse the
juvenile court’s granting of the motions to dismiss and remand these matters to the
juvenile court for further proceedings consistent with this opinion.
STATEMENT OF THE CASE
On February 19, 2024, L.D. and T.J. were booked at the Juvenile Justice
Center in New Orleans. At a hearing on February 20, 2024, no probable cause was
found pursuant to Louisiana Children’s Code Article 814, and both L.D. and T.J.
were released from custody. Their releases were not contingent on any conditions.
On February 28, 2024, the State filed a delinquency petition charging L.D.
and T.J. with a violation of La. R.S. 14:40.1. L.D. was also charged with violating
La. R.S. 14:38.2. The State elected to proceed as a “non-detention matter,” and
neither of the juveniles were to be continued into custody.
1 On March 20, 2024, the matter came for an answer hearing, but service was
not perfected on the juveniles. The matter was set for April 10, 2024, but due to
anticipated severe weather, City buildings were closed and the matter was reset for
April 23, 2024. During that period of time (specifically on April 2, 2024) both
L.D. and T.J. were arrested on unrelated charges in Jefferson Parish. As a result
of that arrest, on April 11, 2024, the State filed a motion to remand both L.D. and
T. J. into custody. On April 30, 2024, the court denied the State’s motion to
remand.1 On April 23, 2024, the matter again came for an answer hearing. The
Louisiana Center for Children’s Rights was appointed to represent L.D., and the
Orleans Public Defenders were appointed to represent T.J. Both juveniles denied
the charges in the petition, and an adjudication hearing was set for July 11, 2024.
On July 10, 2024, the State requested a continuance. Neither of the
juveniles’ counsel had any objection. The court found good cause to grant the
continuance, noting also that counsel for both juveniles waived the time
requirements of Article 877. The adjudication hearing was rescheduled for
September 12, 2024.
On September 10, 2024, with Hurricane Francine approaching Southeast
Louisiana, the Mayor of New Orleans issued an emergency declaration and closed
all of its administrative operations, including juvenile court, for September 10, 11,
and 12, 2024. The juvenile court, on its own motion, found good cause for a
continuance, continued the adjudication hearing, and chose a new date of October
31, 2024.
1 The court noted that the case was being handled as a non-detention matter, and
L.D. had never appeared before a judge or hearing officer to receive any instruction or terms of release; the matter was moot as to T.J. as he was in custody in Jefferson Parish.
2 On October 23, 2024, both L.D. and J.D. filed identical motions to dismiss
the petition for failure to timely prosecute. They argued that 118 days had elapsed
from the date they had answered the petition. On October 31, 2024, the court
granted the motions and dismissed the petition as to both juveniles.
The State appeals these judgments. The State filed a motion to consolidate
the appeals of L.D. and T.J., which this Court granted on December 9, 2024.
DISCUSSION
On appeal, the State raises the following assignment of error: “The juvenile
court abused its discretion in dismissing the delinquency petition against L.D. and
T.J.” The State argues that the juvenile court erred in granting a motion to dismiss
a delinquency proceeding for failure to timely prosecute when the court found
good cause to continue the hearing beyond the expiration of the ninety-day
limitations period. After finding good cause on its own motion to continue an
adjudication hearing beyond the limitations period, the juvenile court later
rescinded that finding and declared post hoc that there was no good cause to
continue.
The Louisiana Children’s Code explicitly provides the time limitations
within which the State must adjudicate juvenile delinquency matters. In relevant
part, the Code states if “the child is not continued in custody, the adjudication
hearing shall commence within ninety days of the appearance to answer the
petition.” La. Ch.C. art. 877(B). If the hearing is not commenced timely, upon
motion of the child, “the court shall release a child in custody and shall dismiss the
petition.” La. Ch.C. art. 877(C). The time limits in Article 877 are mandatory and
may not be extended absent a showing of good cause, and it is “incumbent upon
the [S]tate to make a showing of good cause and obtain an extension before the
3 period has run.” State in Interest of R.D.C., Jr., 93-1865 (La. 2/28/94), 632 So.2d
745, 748-49 (emphasis in original); see La. Ch.C. art. 877(D). Additionally, the
juvenile court may extend the time limitations on its own motion if good cause is
found. State in Interest of Franklin, 95-0423, p. 3 (La. App. 4 Cir. 7/26/95), 659
So.2d 537, 538. Although Article 877 allows for the adjudication hearing time
limitations to be extended if good cause is found, the statute does not allow the
juvenile court to set the adjudication hearing if the time limitation has already
expired. See State ex rel. J.B. & G.M., 03-0587, p. 3 (La. App. 4 Cir. 12/10/03),
863 So.2d 669, 671. The Code does not define “good cause.” However, the
Louisiana Supreme Court, in discussing good cause under Article 877(D), has
stated “[t]he judge should be mindful of those situations where defense motions or
causes beyond the control of the state may impinge on its ability to prepare for the
hearing.” R.D.C., Jr., 632 So.2d at 749; see also State ex rel. S.D., 09-1113, p. 3
(La. App. 4 Cir. 12/9/09), 28 So.3d 1160, 1161.
In the instant case, the court found good cause in two instances; once on a
showing made by the State (without objection from the defendants) and second out
of necessity due to inclement weather and administrative closures outside the
control of the parties and the court. It was not an abuse of discretion for the court
to continue the adjudication hearing to later dates on both of these occasions, even
if it meant the hearing would not commence until after the limitations period had
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STATE OF LOUISIANA IN * NO. 2024-CA-0784 THE INTEREST OF L.D. * COURT OF APPEAL * FOURTH CIRCUIT * STATE OF LOUISIANA *******
CONSOLIDATED WITH: CONSOLIDATED WITH:
STATE OF LOUISIANA IN THE INTEREST NO. 2024-CA-0786 OF T.J.
APPEAL FROM JUVENILE COURT ORLEANS PARISH NO. 2024-058-08-DQ-A, SECTION “A” Honorable Clinton Smith, ****** Judge Daniel L. Dysart ****** (Court composed of Judge Daniel L. Dysart, Judge Nakisha Ervin-Knott, Judge Monique G. Morial)
Katherine M. Franks LOUISIANA APPELLATE PROJECT P.O. Box 220 Madisonville, LA 70447
COUNSEL FOR DEFENDANTS/APPELLEES Jason R. Williams District Attorney Brad Scott Chief of Appeals Zachary M. Phillips Assistant District Attorney ORLEANS PARISH DISTRICT ATTORNEY’S OFFICE 619 S. White Street New Orleans, LA 70119
COUNSEL FOR STATE OF LOUISIANA/APPELLANT
REVERSED AND REMANDED
FEBRUARY 17, 2025 DLD In this juvenile delinquency case, T.J. and L.D. were each charged with a NEK MGM violation of La. R.S. 14:40.1 (Terrorizing; menacing). L.D. was also charged with
a violation of La. R.S. 14:38.2 (Assault on a school teacher). The State of
Louisiana appeals the juvenile court’s granting of T.J.’s and L.D.’s motions to
dismiss for failure to timely prosecute. For the reasons that follow, we reverse the
juvenile court’s granting of the motions to dismiss and remand these matters to the
juvenile court for further proceedings consistent with this opinion.
STATEMENT OF THE CASE
On February 19, 2024, L.D. and T.J. were booked at the Juvenile Justice
Center in New Orleans. At a hearing on February 20, 2024, no probable cause was
found pursuant to Louisiana Children’s Code Article 814, and both L.D. and T.J.
were released from custody. Their releases were not contingent on any conditions.
On February 28, 2024, the State filed a delinquency petition charging L.D.
and T.J. with a violation of La. R.S. 14:40.1. L.D. was also charged with violating
La. R.S. 14:38.2. The State elected to proceed as a “non-detention matter,” and
neither of the juveniles were to be continued into custody.
1 On March 20, 2024, the matter came for an answer hearing, but service was
not perfected on the juveniles. The matter was set for April 10, 2024, but due to
anticipated severe weather, City buildings were closed and the matter was reset for
April 23, 2024. During that period of time (specifically on April 2, 2024) both
L.D. and T.J. were arrested on unrelated charges in Jefferson Parish. As a result
of that arrest, on April 11, 2024, the State filed a motion to remand both L.D. and
T. J. into custody. On April 30, 2024, the court denied the State’s motion to
remand.1 On April 23, 2024, the matter again came for an answer hearing. The
Louisiana Center for Children’s Rights was appointed to represent L.D., and the
Orleans Public Defenders were appointed to represent T.J. Both juveniles denied
the charges in the petition, and an adjudication hearing was set for July 11, 2024.
On July 10, 2024, the State requested a continuance. Neither of the
juveniles’ counsel had any objection. The court found good cause to grant the
continuance, noting also that counsel for both juveniles waived the time
requirements of Article 877. The adjudication hearing was rescheduled for
September 12, 2024.
On September 10, 2024, with Hurricane Francine approaching Southeast
Louisiana, the Mayor of New Orleans issued an emergency declaration and closed
all of its administrative operations, including juvenile court, for September 10, 11,
and 12, 2024. The juvenile court, on its own motion, found good cause for a
continuance, continued the adjudication hearing, and chose a new date of October
31, 2024.
1 The court noted that the case was being handled as a non-detention matter, and
L.D. had never appeared before a judge or hearing officer to receive any instruction or terms of release; the matter was moot as to T.J. as he was in custody in Jefferson Parish.
2 On October 23, 2024, both L.D. and J.D. filed identical motions to dismiss
the petition for failure to timely prosecute. They argued that 118 days had elapsed
from the date they had answered the petition. On October 31, 2024, the court
granted the motions and dismissed the petition as to both juveniles.
The State appeals these judgments. The State filed a motion to consolidate
the appeals of L.D. and T.J., which this Court granted on December 9, 2024.
DISCUSSION
On appeal, the State raises the following assignment of error: “The juvenile
court abused its discretion in dismissing the delinquency petition against L.D. and
T.J.” The State argues that the juvenile court erred in granting a motion to dismiss
a delinquency proceeding for failure to timely prosecute when the court found
good cause to continue the hearing beyond the expiration of the ninety-day
limitations period. After finding good cause on its own motion to continue an
adjudication hearing beyond the limitations period, the juvenile court later
rescinded that finding and declared post hoc that there was no good cause to
continue.
The Louisiana Children’s Code explicitly provides the time limitations
within which the State must adjudicate juvenile delinquency matters. In relevant
part, the Code states if “the child is not continued in custody, the adjudication
hearing shall commence within ninety days of the appearance to answer the
petition.” La. Ch.C. art. 877(B). If the hearing is not commenced timely, upon
motion of the child, “the court shall release a child in custody and shall dismiss the
petition.” La. Ch.C. art. 877(C). The time limits in Article 877 are mandatory and
may not be extended absent a showing of good cause, and it is “incumbent upon
the [S]tate to make a showing of good cause and obtain an extension before the
3 period has run.” State in Interest of R.D.C., Jr., 93-1865 (La. 2/28/94), 632 So.2d
745, 748-49 (emphasis in original); see La. Ch.C. art. 877(D). Additionally, the
juvenile court may extend the time limitations on its own motion if good cause is
found. State in Interest of Franklin, 95-0423, p. 3 (La. App. 4 Cir. 7/26/95), 659
So.2d 537, 538. Although Article 877 allows for the adjudication hearing time
limitations to be extended if good cause is found, the statute does not allow the
juvenile court to set the adjudication hearing if the time limitation has already
expired. See State ex rel. J.B. & G.M., 03-0587, p. 3 (La. App. 4 Cir. 12/10/03),
863 So.2d 669, 671. The Code does not define “good cause.” However, the
Louisiana Supreme Court, in discussing good cause under Article 877(D), has
stated “[t]he judge should be mindful of those situations where defense motions or
causes beyond the control of the state may impinge on its ability to prepare for the
hearing.” R.D.C., Jr., 632 So.2d at 749; see also State ex rel. S.D., 09-1113, p. 3
(La. App. 4 Cir. 12/9/09), 28 So.3d 1160, 1161.
In the instant case, the court found good cause in two instances; once on a
showing made by the State (without objection from the defendants) and second out
of necessity due to inclement weather and administrative closures outside the
control of the parties and the court. It was not an abuse of discretion for the court
to continue the adjudication hearing to later dates on both of these occasions, even
if it meant the hearing would not commence until after the limitations period had
elapsed. Between July 10, 2024 and September 12, 2024, the limitations period
was suspended and did not count towards the ninety days. On July 10, 2024,
neither counsel for T.J. or L.D. objected to the continuance going beyond the
expiration date or to the court’s finding of good cause. Therefore, both L.D. and
T.J. waived the restrictions on the time limitations. See Cf. State ex rel. Q.U.O.,
4 39,303, pp. 4-5 (La. App. 2 Cir. 10/27/04), 886 So.2d 1188, 1191.2 Clearly, good
cause existed for the continuance granted on September 10, 2024 on the court’s
own motion due to Hurricane Francine.
It was an abuse of discretion for the juvenile court to reverse course and
grant the motions to dismiss on the grounds of untimely prosecution. The court
had previously found good cause for justifying a continuance beyond July 22,
2024. On July 10, 2024, the court found that the State made a satisfactory showing
of good cause and the defendants had no objection. Then, on September 10, 2024,
the court, on its own motion, found that the city-wide administrative closures due
to Hurricane Francine constituted good cause to continue the hearing again. The
closure due to the hurricane was beyond the control of the State, and it was the
court itself that moved for the continuance. The State should not be penalized for a
situation beyond its control.
CONCLUSION
For the above and foregoing reasons, the judgment of the juvenile court,
which granted L.D.’s and T.J.’s motions to dismiss, is reversed and these matters
are remanded to the juvenile court for further proceedings consistent with this
opinion.
2 In that case, the Court held that a defendant who did not contemporaneously object to the initial
setting of an answer hearing beyond the time limitations waived the ability to raise the issue on appeal. Id.