§ 14-6-237 — Transfer hearing; transfer of proceedings commenced in district court or in municipal or circuit court

Wyoming § 14-6-237

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 6: JUVENILES
• Art. 2: JUVENILE JUSTICE ACT

Text

(a) After a petition alleging a child has committed a
delinquent act is filed, the court may, on its own motion or
that of any party any time prior to the adjudicatory hearing,
order a transfer hearing to determine if the matter should be
transferred to another court having jurisdiction of the offense
charged for criminal prosecution as provided by law. Notice in
writing of the time, place and purpose of the transfer hearing
shall be given to the child and his parents, guardian or
custodian at least three (3) days before the hearing. The
transfer hearing shall be conducted in conformity with W.S.
14-6-222 through 14-6-224 except there shall be no jury.
(b) The court shall order the matter transferred to the
appropriate court for prosecution if after the transfer hearing
it finds that proper reason therefor exists. The determinative
factors to be considered by the judge in deciding whether the
juvenile court's jurisdiction over such offenses will be waived
are the following:
(i) The seriousness of the alleged offense to the
community and whether the protection of the community required
waiver;
(ii) Whether the alleged offense was committed in an
aggressive, violent, premeditated or willful manner;
(iii) Whether the alleged offense was against persons
or against property, greater weight being given to offenses
against persons especially if personal injury resulted;
(iv) The desirability of trial and disposition of the
entire offense in one (1) court when the juvenile's associates
in the alleged offense are adults who will be charged with a
crime;
(v) The sophistication and maturity of the juvenile
as determined by consideration of his home, environmental
situation, emotional attitude and pattern of living;
(vi) The record and previous history of the juvenile,
including previous contacts with the law enforcement agencies,
juvenile courts and other jurisdictions, prior periods of
probation to this court, or prior commitments to juvenile
institutions;
(vii) The prospects for adequate protection of the
public and the likelihood of reasonable rehabilitation of the
juvenile (if he is found to have committed the alleged offense)
by the use of procedures, services and facilities currently
available to the juvenile court.
(c) If the court orders the matter transferred under
subsection (b) of this section, the court shall state on the
record its basis for the decision.
(d) The court may make any necessary orders for the
detention of the child until the court to which the matter is
transferred has acquired jurisdiction, at which time
jurisdiction of the juvenile court with respect to the alleged
delinquent act terminates.
(e) Statements made by the child at a transfer hearing are
not admissible against him over objection in a criminal
proceeding following the transfer.
(f) If the case is not transferred, the judge who
conducted the hearing shall not, over objection of an interested
party, preside at the adjudicatory hearing on the petition. If
the case is transferred to a court of which the judge who
conducted the transfer hearing is also a judge, he may be
disqualified from presiding at the criminal proceeding.
(g) If any proceeding commenced in the district court is
within the concurrent jurisdiction of the juvenile court, the
district court may on motion of any party or on its own motion
order any proceeding transferred to the juvenile court. The
district court judge may, after notice and hearing, find the
matter more properly suited to disposition under the provisions
of this act. The order of transfer confers upon the juvenile
court full jurisdiction in the matter as if originally commenced
in the juvenile court.
(h) No court other than the district court shall order the
transfer of a case to juvenile court. At any time after a
proceeding over which the juvenile court has concurrent
jurisdiction is commenced in municipal or circuit court, the
judge of the court in which the proceeding is commenced may on
the court's own motion, or on the motion of any party, suspend
further proceedings and refer the case to the office of the
district attorney to determine whether a petition should be
filed in the juvenile court to commence a proceeding under this
act. If a petition is filed under this act, the original
proceeding commenced in the municipal or circuit court shall be
dismissed. If the district attorney determines not to file a
petition under this act, the district attorney shall immediately
notify the municipal or circuit court and the proceeding
commenced in that court may continue.