State v. Stephen F.

2006 NMSC 030, 140 N.M. 24, 2006 WL 2140007
CourtNew Mexico Supreme Court
DecidedJune 28, 2006
DocketNo. 29,128
StatusPublished
Cited by27 cases

This text of 2006 NMSC 030 (State v. Stephen F.) is published on Counsel Stack Legal Research, covering New Mexico 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. Stephen F., 2006 NMSC 030, 140 N.M. 24, 2006 WL 2140007 (N.M. 2006).

Opinion

OPINION

BOSSON, Chief Justice.

{1} Child Stephen F. was convicted by a jury as a youthful offender for committing two counts of criminal sexual penetration. After his convictions, the trial court ordered a diagnostic evaluation to determine Child’s amenability to treatment. Over two months passed and the trial court had yet to conduct a dispositional hearing. Child filed a motion to dismiss, alleging that the 45-day time period set forth in the Children’s Court Rules for commencing a dispositional hearing had expired. The children’s court denied the motion because it determined that the applicable time period was the 90-day limit found in the Rules of Criminal Procedure for the District Courts. On appeal, the Court of Appeals reversed and vacated the jury verdicts. It held that the 45-day period was applicable, and the remedy was dismissal of the case. We granted certiorari to determine which rules apply to youthful offender dispositions, and to determine the proper remedy for a child adjudicated as a youthful offender when the court fails to conduct a hearing within the applicable time period. We affirm in part, reverse in part, and remand for further proceedings.

BACKGROUND

{2} At the time of his two convictions for criminal sexual penetration, Child was fifteen years old. Because of his age and the nature of the crime, Child is a “youthful offender” under our Children’s Code. See NMSA 1978, § 32A-2-3(I)(l)(i) (2005). Since the Code provides the option to sentence a youthful offender either as an adult or as a juvenile dependent upon whether the child is amenable to treatment, see NMSA 1978, § 32A-2-20 (2005), the children’s court ordered a diagnostic evaluation. The court ordered that Child be committed to the custody of the Children, Youth and Families Department, at the Youth Diagnostic and Development Center, to undergo evaluation “for a period not to exceed 45 days.” This order was entered on October 22, 2002.

{3} A little over two months later, on December 26, 2002, Child filed a motion to dismiss for failure to comply with the time limits for recommencement of dispositional proceedings following a commitment for diagnosis. Child relied on Rule 10 — 229(C) NMRA 2002 (amended, effective March 15, 2006), which provides:

The court may order a child adjudicated as a delinquent child to be committed to a facility for purposes of diagnosis and recommendations to the court as to what disposition is in the best interests of the child and the public. If the court enters an order transferring the child for a diagnostic commitment pursuant to the Children’s Code, the dispositional proceedings shall be recommenced within forty-five (45) days after the filing of the court’s order.

Although this rule does not expressly provide a remedy if the time limits are not followed, Child argued the remedy for violation was dismissal. The children’s court denied the motion finding the Children’s Court Rules did not apply to youthful offender dispositions because the Rules of Criminal Procedure for the District Courts applied. To support this conclusion, the court relied primarily on Rule 10-101(A)(2)(b) NMRA (stating all youthful offender proceedings in the children’s court are governed by the Rules of Criminal Procedure for the District Courts).

{4} The Court of Appeals reversed the children’s court, holding that the Children’s Court Rules apply to the dispositional phase of youthful offender proceedings, and further, that the remedy for a violation of the time limit in Rule 10-229(C) is dismissal of the charges. State v. Stephen F., 2005-NMCA-048, ¶ 2, 137 N.M. 409, 112 P.3d 270. The Court read the Children’s Code and the Children’s Court Rules together and concluded, “the overall scheme contemplates that, while the Rules of Criminal Procedure [for the District Courts] govern the adjudicatory proceedings in youthful offender eases ..., the Children’s Court Rules govern all dispositional proceedings.” Id. ¶ 5. Turning to the remedy, the Court of Appeals opined that the absence of dismissal as a remedy within the rule for noncomplianee with the time limit “was likely an oversight.” Id. ¶23. The Court then concluded that dismissal was the proper remedy because (1) the 45-day time limit in the Children’s Court Rules is mandatory, see Rule 10-229(C); (2) only the Supreme Court can grant an extension of time, see Rule 10-229(D); (3) the similarity to other rules that provide for dismissal upon noncompliance with time limits; and (4) the history of the rule which, until the 1997 Amendment, expressly provided for dismissal. Id. ¶¶ 14-23.

{5} Judge Castillo dissented to the remedy portion of the opinion. Id. ¶ 29. Her dissent examined the history of changes to Rule 10-229 and concluded that dismissal was not the appropriate remedy. Id. ¶ 42. Most notably, Judge Castillo compared prior versions of the rule which allowed for dismissal with prejudice under certain circumstances, with the current version amended in 1997, which no longer contains this language. Id. ¶¶ 31-33 (citing State v. Doe, 93 N.M. 31, 33-34, 595 P.2d 1221, 1223-24 (Ct.App.1979) and examining Rule 49(b), N.M.R. Child. Ct. (Repl.Pamp.1979), predecessor to Rule 10-229, and holding automatic dismissal was required for a violation); State v. Doe, 94 N.M. 282, 284, 609 P.2d 729, 731 (Ct.App.1980) (same); see also Rule 49(b), N.M.R. Child. Ct. (Repl.Pamp.1982) (requiring that child did not agree to or was not responsible for failure to comply, and child was prejudiced by the delay in order to obtain dismissal). Further, in the current version of the rule, when there is no commitment for diagnosis and time limits for commencement of dispositional proceedings are exceeded, the remedy is release from custody, not dismissal of the proceedings. Stephen F., 2005-NMCA-048, ¶35 (citing Rule 10-229(B)). Judge Castillo’s dissent, id. ¶¶ 39-41, emphasized that this Court enacted Rule 10-117 NMRA, a general rule, stating that “failure to comply with time limits is not grounds for granting a new hearing or for setting aside a verdict, for vacating, modifying or otherwise disturbing a judgment.” Rule 10-117 (emphasis added).

{6} For the reasons that follow, we believe Judge Castillo’s dissent has the better of the arguments regarding the appropriate remedy.

DISCUSSION

{7} Our Legislature has struck a delicate balance in dealing with the burgeoning problem of juvenile delinquency. While recognizing the needs of a child whose immaturity and frailty require heightened protections, the Children’s Code also promotes public safety and accountability for juveniles who commit delinquent acts. See NMSA 1978, § 32A-2-2(A) (2003). This balance of competing interests is the lens through which the Children’s Court Rules were created, and through which those rules must be interpreted. Cf. State v. Javier M., 2001-NMSC-030, ¶ 37, 131 N.M. 1, 33 P.3d 1. We review interpretations of rules of procedure adopted by this Court de novo. Walker v. Walton, 2003-NMSC-014, ¶ 8, 133 N.M. 766, 70 P.3d 756.

Rule 10-229(0 Applies to Dispositions of Youthful Offenders

{8} To determine which rules apply to youthful offender proceedings, we look to the intent of the Children’s Court Rules and the rule which governs the scope of the rules. This rule states:

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Cite This Page — Counsel Stack

Bluebook (online)
2006 NMSC 030, 140 N.M. 24, 2006 WL 2140007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stephen-f-nm-2006.