State v. Chandler

143 Wash. 2d 485
CourtWashington Supreme Court
DecidedApril 19, 2001
DocketNo. 69140-1
StatusPublished
Cited by5 cases

This text of 143 Wash. 2d 485 (State v. Chandler) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Chandler, 143 Wash. 2d 485 (Wash. 2001).

Opinion

Alexander, C.J.

Benjamin Chandler obtained review of a decision of the Court of Appeals, Division Two, affirming his Skamania County Juvenile Court conviction on a charge of indecent exposure. The only issue before us is whether Chandler’s adjudicatory hearing occurred within the time frame required by Juvenile Court Rule (JuCR) 7.8(b). We reverse the Court of Appeals, concluding that because Chandler’s adjudicatory hearing did not occur within 60 days of his true arraignment date, not counting time properly excluded pursuant to JuCR 7.8(d), Chandler’s conviction must be reversed and the information dismissed.

I. FACTS

By information filed in Skamania County Juvenile Court on February 9, 1998, the State of Washington charged Benjamin Chandler, then age 15, with one count of indecent exposure. Chandler’s arraignment was initially scheduled for March 11, 1998, Skamania County’s “Juvenile Day”1 for the month of March 1998. Chandler did not appear in court on that date, however, because he had not been served with [487]*487notice to appear in court on that date.2 Consequently, the trial court rescheduled Chandler’s arraignment for April 15, 1998, the next regularly scheduled day that juvenile court matters would be heard in Skamania County.

Chandler, who was not in custody or subject to conditions of release, appeared on April 15 with his attorney and entered a plea of “[n]ot guilty” to the indecent exposure charge. Videotaped Proceedings (VP) (Apr. 15, 1998) at 3. Chandler’s counsel also noted Chandler’s objection to the date of his arraignment, claiming that it was untimely under JuCR 7.6(a) as interpreted by the Court of Appeals in State v. Day, 46 Wn. App. 882, 734 P.2d 491 (1987).3 He, therefore, requested that the trial court set the date for Chandler’s adjudicatory hearing on or before April 24, 1998, thus ensuring that the adjudicatory hearing would be within 60 days of the date on which Chandler should have been arraigned pursuant to JuCR 7.6(a). In that regard, counsel stated: “[W]e’re formally requesting that the trial be conducted within 60 days of February 23rd, which is 14 days after the Information was filed.” VP (Apr. 15, 1998) at 6.

The trial court indicated that it agreed with Chandler’s counsel that the true arraignment date was February 23, 1998, a date that was 14 days following the date charges were filed against Chandler, and that, pursuant to JuCR 7.8(b), Chandler’s adjudicatory hearing “shall begin within 60 days following the juvenile’s arraignment in juvenile [488]*488court on the charges contained in the information.” JuCR 7.8(b). It nevertheless denied Chandler’s request to schedule the adjudicatory hearing date within that time frame, i.e., on or before April 24, 1998. It, instead, set Chandler’s hearing for April 30, 1998, concluding that it was permissible for it to do so pursuant to JuCR 7.8(e)(3). That rule provides: “The court on its own motion may continue the case when required in the due administration of justice and the alleged juvenile offender will not be substantially prejudiced in the presentation of his or her defense.” In support of its ruling, the trial court stated:

For the record, Skamania County shares one judge with Klickitat County. I’m not in this county every week. We have certain dates that are set for hearing. The 24th of April, which is the date that’s being requested by the Defendant, is not a date when I would be in this county. It’s also a date that has other matters set in Klickitat County, which have to be heard.
I’m finding that in the due course of administration of justice that there’s good reason to set the matter outside of the time limits. And also I cannot find that the Defendant would be substantially prejudiced in having the matter set over. He’s not going to be detained. The conditions of his release are rather innocuous, that all he has to do is stay out of trouble and keep in contact with his attorney and show up in court. So, he’s not under any great imposition or—and his freedom’s not being restricted to any great extent.

VP (Apr. 15, 1998) at 7-8.

Chandler’s adjudicatory hearing was eventually held on May 29, 1998.4 At that time, Chandler’s counsel renewed his client’s objection to the adjudicatory hearing not being held within 60 days of Chandler’s true arraignment date as required by JuCR 7.8(b). At the conclusion of the hearing, the trial court found Chandler guilty of indecent exposure. [489]*489It sentenced him to three months of community supervision and ordered him to perform 24 hours of community service work. It also fined Chandler $25 and required him to contribute $100 to the Victim’s Assistance Fund. Chandler, thereafter, appealed his conviction to Division Two of the Court of Appeals. That court affirmed his conviction. Chandler then petitioned this court for discretionary review of the Court of Appeals’ decision. We granted his petition.

II. ANALYSIS

Chandler contends that his adjudicatory hearing was not held within the time frame provided in JuCR 7.8. He submits, therefore, that pursuant to JuCR 7.8(g) his conviction should be vacated and the information charging him with indecent exposure should be dismissed with prejudice.5 The State does not dispute that “the time for conducting a fact finding hearing under the speedy trial rules expired on April 24th.” Resp’t’s Answer to Pet. for Discretionary Review at 10. It asserts, rather, that “the court acted with sound discretion to set the case four judicial days later.” Id. In support of this argument, the State cites to JuCR 7.8(e)(3), which, as indicated above, permits the juvenile court to “continue the case when required in the due administration of justice and the alleged juvenile offender will not be substantially prejudiced in the presentation of his or her defense.” The State contends that because “[t]he trial court’s decision to set the hearing beyond the expiration of the speedy trial period [was] in the ‘due administration of justice,’ ” this is somehow an “exception”6 to JuCR 7.8(g)’s rule that “[i]f the juvenile court violates the rules, the Information must be dismissed with prejudice.” Id. at 9.

[490]*490Both parties raise a number of arguments in support of their respective assertions that there was or was not “good cause” for granting a continuance of the adjudicatory hearing pursuant to JuCR 7.8(e)(3). We need not address these arguments because, in our judgment, JuCR 7.8(e)(3) has no application here because it only authorizes a trial court to continue the case after it has been set within the time frame set forth in JuCR 7.8(b). In the instant case, the trial court was not continuing an adjudicatory hearing that had been properly set within the time limits prescribed in that rule. It was, instead, initially setting Chandler’s adjudicatory hearing for a date outside of the 60-day time frame of JuCR 7.8(b). The provisions of JuCR 7.8(e)(3) simply do not apply in these circumstances.

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Related

State v. Chenoweth
63 P.3d 834 (Court of Appeals of Washington, 2003)
State v. Hoffman
60 P.3d 1261 (Court of Appeals of Washington, 2003)
State v. Chandler
21 P.3d 286 (Washington Supreme Court, 2001)

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Bluebook (online)
143 Wash. 2d 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chandler-wash-2001.