State v. Michael S.

2005 WI 82, 698 N.W.2d 673, 282 Wis. 2d 1, 2005 Wisc. LEXIS 324
CourtWisconsin Supreme Court
DecidedJune 22, 2005
Docket2003AP2934
StatusPublished
Cited by8 cases

This text of 2005 WI 82 (State v. Michael S.) is published on Counsel Stack Legal Research, covering Wisconsin 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. Michael S., 2005 WI 82, 698 N.W.2d 673, 282 Wis. 2d 1, 2005 Wisc. LEXIS 324 (Wis. 2005).

Opinions

SHIRLEY S. ABRAHAMSON, C.J.

¶ 1. This is a review of an unpublished decision of the court of appeals affirming an order of the circuit court for Milwaukee County, Christopher R. Foley, Judge.1

¶ 2. The issue presented in this case is whether a circuit court may, pursuant to Wis. Stat. § 938.365(6),2 extend a juvenile's one-year dispositional order temporarily for 30 days if the 30-day extension order is entered after the one-year dispositional order has expired.

¶ 3. We hold that after a juvenile's one-year dis-positional order expires, a circuit court may not grant a 30-day temporary extension of the order under Wis. Stat. § 938.365(6). Further, consistent with caselaw, the expiration of the one-year dispositional order cannot be waived. Because no 30-day temporary extension or new dispositional order was granted prior to the expiration of the one-year dispositional order, the circuit court could not act with respect to Michael S. once the one-year dispositional order expired.

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¶ 4. We must first address the issue of mootness. On April 11, 2005, Michael S. turned 18 and is no longer subject to the juvenile code.

[6]*6¶ 5. A determination of the issue presented in the instant case will have no practical effect on Michael S. With regard to Michael S., the issue raised on review is therefore moot.

¶ 6. Reviewing courts generally decline to decide moot issues but may do so under certain circumstances.3 A court may decide a moot issue when the issue is of great public importance; occurs frequently and a definitive decision is necessary to guide the circuit courts; is likely to arise again and a decision of the court would alleviate uncertainty; or will likely be repeated, but evades appellate review because the appellate review process cannot be completed or even undertaken in time to have a practical effect on the parties.

¶ 7. The question presented in this case seems to satisfy all these exceptions to the mootness rule. Deciding a circuit court's retention of authority over a juvenile after the expiration of a dispositional order is a matter of great importance to the sound operation of the judicial system and the rights and interests of juveniles.

¶ 8. We will therefore address the issue presented in the instant case.

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¶ 9. We now turn to the relevant facts relating to the expiration and extension of Michael S.'s disposi-tional order.

¶ 10. The district attorney's office for Milwaukee County petitioned the circuit court for Milwaukee County on August 22, 2001, seeking to adjudicate [7]*7Michael S. delinquent. Michael S. waived his right to a trial, and on Novemher 8, 2001, the circuit court entered a dispositional order placing Michael S. on supervision until October 23, 2002. The November 8 order contained a number of conditions of supervision with which Michael S. was required to comply.

¶ 11. On September 10,2002, the State petitioned the circuit court for a change in the original disposi-tional order. This requested change was based on post-November 8 conduct violating Michael S.'s conditions of supervision. Specifically, the State sought to place Michael S. in a secure group home (change of placement) and sought a one-year extension of the original one-year dispositional order set to expire on October 23, 2002.

¶ 12. At a hearing before Judge Christopher Foley on October 2, 2002, Michael S.'s attorney, the Assistant District Attorney, and Michael S.'s probation officer discussed the status of the State's petition and set a date for a contested hearing on the petition. Michael S. did not oppose an extension of supervision but did oppose a change of placement, and this objection would be the subject of the contested hearing.

¶ 13. During the discussion about setting the date for the contested hearing, the following exchange took place, indicating that the hearing could not be held before October 24:

[PROBATION OFFICER]: I have a quick comment, Judge. I'm on vacation starting this Friday until the 15th. If that's going to be a problem, if we want a quick hearing—
THE COURT: We have problems with quick hearings all over the place. As some of you may be aware, we finished a 7 day jury trial on a TPR [termination of [8]*8parental rights] last night at 8 o'clock. We're starting another one that's projected to last at least five days on Monday. We are institutionally trying to figure out how we can possibly handle the requirements for preliminary hearings on 13 or more kids that we anticipate are going to be charged with homicides in a 10-day period. I don't know how we're going to do that. And I'm going to the judicial conference. So, a quick hearing is a foreign concept here.
THE COURT: ... Let's get a date, please.
THE CLERK: What is this being set for? A contest hearing?
THE COURT: Yes.
THE CLERK: October 24th at 1:30?
[MICHAEL S.'S ATTORNEY]: I can't do it on the 24th. I can do it on the 25th any time.
[ASSISTANT DISTRICT ATTORNEY]: Do you have anything the following week?
[MICHAEL S.'S ATTORNEY]: The following week I'm out of town, the week of the 28th. The 24th is good in the morning. I don't know what — I just can't do it in the afternoon.

¶ 14. The parties agreed that the contested hearing would be held at 10:30 A.M. on October 24, 2002. Michael S.'s attorney also discussed at the October 2 hearing the possibility of getting another psychological evaluation for Michael S.; apparently this evaluation was never done.

¶ 15. On October 24, 2002, the parties met before Judge Michael Malmstadt; Judge Foley was occupied with a jury trial. At the October 24 hearing were [9]*9Michael S., his attorney, his mother and grandmother, the assistant district attorney assigned to the case, the probation officer, and three individuals involved in various juvenile delinquency programs.

¶ 16. To familiarize himself with the status of Michael S.'s case, Judge Malmstadt questioned Michael S. and the attorneys. The parties discussed at length the possible placement options and whether Michael S. was going to change his behavior.

¶ 17. Without either attorney raising the issue, Judge Malmstadt noticed that Michael S.'s dispositional order had expired on October 23, 2002, the prior day. The import of the expiration date of the dispositional order was not lost on Judge Malmstadt. The following relevant exchange relating to the dispositional order ensued:

JUDGE MALMSTADT: Okay. I'm being told his Probation ended yesterday?
[PROBATION OFFICER]: I believe so. Unless — I don't know if Judge Foley extended it verbally or not last time. I didn't hear.
[ASSISTANT DISTRICT ATTORNEY]: Placed on Probation October 23, 2001.
JUDGE MALMSTADT: Okay.

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Bluebook (online)
2005 WI 82, 698 N.W.2d 673, 282 Wis. 2d 1, 2005 Wisc. LEXIS 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-michael-s-wis-2005.