Including amendments promulgated July 11, 2005,
and effective September 1, 2005.
Provided by the Supreme Court Commissioner’s
Office.
1.01 Scope
and Application
1.02 General Purpose
Rule 2.
Attendance at Hearings and Privacy
2.01 Right
to Attend Hearing
2.02 Exclusion
of Persons Who Have a Right to Attend Hearings
2.03 Presence Required
2.04 Right
to Participate
2.05 Ex-Parte
Communications
Rule 3.
Right to Counsel
3.01 Generally
3.02 Appointment
of Counsel
3.03 Dual Representation
3.04 Waiver
of Right to Counsel
3.05 Renewal
of Advisory
3.06 Eligibility
for Court Appointed Counsel at Public Expense
3.07 Right
of Parent(s), Legal Guardian(s), Legal Custodian(s) and Guardian Ad Litem to
Counsel
Rule 4.
Warrants
4.01 Search
Warrants Upon Oral Testimony
4.02 Search
Warrants Upon Written Application
4.03 Warrants
for Immediate Custody
Rule 5.
Detention
5.01 Scope
and General Principles
5.02 Definitions
5.03 Detention
Decision
5.04 Release
or Continued Detention
5.05 Detention
Reports
5.06 Identification
Procedures
5.07 Detention
Hearing
5.08 Detention Review
Rule 6.
Charging Document
6.01 Generally
6.02 Tab
Charge or Citation
6.03 Petition
6.04 Amendment
6.05 Probable
Cause
6.06 Procedure
on Filing a Charging Document with the Court
Rule 7.
Arraignment
7.01 Application
7.02 Generally
7.03 Timing
7.04 Hearing
Procedure
Rule 8. Pleas
8.01 Application
8.02 Generally
8.03 Plea
of Not Guilty Without Appearance
8.04 Plea of Guilty
Rule 9.
Settlement Discussions and Plea Agreements
9.01 Generally
9.02 Relationship
Between the Child and the Child's Counsel
9.03 Disclosure
of Settlement Agreement
9.04 Settlement Discussions and Agreements Not
Admissible
Rule 10.
Discovery
10.01 Scope
and Application
10.02 Evidence
and Identification Disclosure
10.03 Notice
of Additional Offenses
10.04 Disclosure
by Prosecuting Attorney
10.05 Disclosure
by Child
10.06 Regulation
of Discovery
10.07 Taking
Depositions
Rule 11. Pretrial Conference
11.01 Timing
11.02 Evidentiary
and Other Issues
Rule 12. Omnibus Hearing
12.01 Scheduling
of Omnibus Hearing
12.02 Scheduling
of Trial
Rule 13.
Trials
13.01 Purpose
and Application
13.02 Commencement
of Trial
13.03 Trial
13.04 Evidence
13.05 Use
of Depositions at Trial
13.06 Standard
of Proof
13.07 Joint
Trials
13.08 Joinder
and Severance of Offenses
13.09 Findings
13.10 Further
Proceedings
Rule 14.
Continuance for Dismissal
14.01 Agreements Permitted
14.02 Court
Approval; Filing of Agreement; Release
14.03 Modification of Agreement
14.04 Termination
of Agreement; Resumption of Proceedings
14.05 Emergency
Order
14.06 Release
Status Upon Resumption of Delinquency, Juvenile Petty or Juvenile Traffic
Proceedings
14.07 Termination of Agreement; Dismissal
14.08 Termination
and Dismissal Upon Showing of Rehabilitation
14.09 Modification
or Termination and Dismissal Upon Child's Motion
14.10 Court
Authority to Dismiss
Rule 15.
Delinquency Disposition
15.01 Generally
15.02 Timing
15.03 Predisposition
Reports
15.04 Hearing
15.05 Dispositional
Order
15.06 Informal
Review
15.07 Probation
Violation
15.08 Other
Modifications
Rule 16.
Post-trial Motions
16.01 Post-Trial
Motions
16.02 Motion
to Vacate the Finding that the Allegations of the Petition or Charging Document
are Proved
16.03 Joinder
of Motions
16.04 New
Trial on Court's Own Motion
Rule 17.
Juvenile Petty Offender and Juvenile Traffic Offender
17.01 Scope,
Application and General Purpose
17.02 Right to Counsel
17.03
Warrants
17.04
The Charging Document and Notice of
Arraignment
17.05 Arraignment
17.06 Pleas
17.07 Discovery
17.08
Pretrial and Omnibus Hearing
17.09
Adjudication and Disposition
17.10 Transfer to Adult Court of Juvenile Traffic Matter
17.11 Child Incompetent to Proceed
Rule 18.
Certification of Delinquency Matters
18.01 Application
18.02 Initiation of Certification Proceedings of Delinquency Matters
18.03 Notice of Certification
18.04 Certification Study
18.05 Hearing
18.06 Certification Determination
18.07 Order
18.08 Termination of Jurisdiction Upon
Certification
18.09 Withdrawal of Waiver of Certification Hearing
Rule 19.
Extended Jurisdiction Juvenile Proceedings and Prosecution
19.01 Initiation
of Extended Jurisdiction Juvenile Proceedings and Prosecution
19.02 Notice
of the Extended Jurisdiction Juvenile Proceeding
19.03 Extended
Jurisdiction Juvenile Study
19.04 Hearings
on Extended Jurisdiction Juvenile Proceedings
19.05 Public
Safety Determination
19.06
Extended Jurisdiction Juvenile Prosecution Determination
19.07
Order
19.08 Withdrawal of Waiver of Extended Jurisdiction Juvenile Hearing
19.09 Extended Jurisdiction Juvenile Prosecution
19.10
Disposition
19.11
Revocation
Rule 20.
Child Incompetent to Proceed and Defense of Mental Illness or Mental
Deficiency
20.01 Proceeding
When Child is Believed to be Incompetent
20.02 Defense of Mental Illness or Mental
Deficiency at the Time of the Offense
Rule 21.
Appeals
21.01 Generally
21.02 Proceedings
in Forma Pauperis
21.03 Appeal
by Child
21.04 Appeal
by Prosecuting Attorney
21.05 Appeal
by Parent(s), Legal Guardian or Legal Custodian of the Child
21.06 Certified
Questions to the Court of Appeals
21.07 Time for Issuance of Decision
Rule 22. Substitution of Judge
22.01 Before
or During Trial
22.02 After
Verdict or Finding of Guilt
22.03 Notice
to Remove
22.04 Assignment
of New Judge
Rule 23.
Referee
23.01 Authorization
to Hear Cases
23.02 Objection
to Assignment of Referee
23.03 Notice
to Remove a Particular Referee
23.04 Transmittal
of Findings
23.05 Review
23.06 Order
of the Court
Rule 24. Guardian ad Litem
24.01 Appointment
24.02 Guardian
ad Litem Not Counsel for Child
Rule 25.
Notice
25.01 Summons,
Notice in Lieu of Summons, Oral Notice on the Record, Service by FAX and Notice
by Telephone
25.02 Content
25.03 Procedure
for Notification
25.04 Waiver
Rule 26. Subpoenas
26.01 Motion
or Request for Subpoenas
26.02 Expense
Rule 27.
Motions
27.01 Motions to be Signed
27.02 Service
of Motions
Rule 28.
Copies of Orders
Rule 29.
Recording
29.01 Procedure
29.02 Availability
of Transcripts
29.03 Expense
Rule 30.
Records
30.01 Generally
30.02 Availability
of Juvenile Court Records
1. By Statute or Rule
2. No Order Required
3. Court Order Required
Rule 31.
Timing
31.01 Computation
31.02 Additional
Time After Service by Mail
Delinquency, Juvenile Petty Offenses, and Juvenile
Traffic Offenses
Rule
1. Scope, Application and General
Purpose
Rule 1.01
Scope and Application
Rules 1 through 31 govern the procedure in the
juvenile courts of Minnesota for all delinquency matters as defined by
Minnesota Statutes, section 260B.007, subdivision 6, juvenile petty matters as
defined by Minnesota Statutes, section 260B.007, subdivision 16 and juvenile
traffic matters as defined by Minnesota Statutes, section 260B.225. Procedures for juvenile traffic and petty
matters are governed by Rule 17.
Where these
rules require giving notice to a child, notice shall also be given to the
child's counsel if the child is represented.
Reference in these rules to “child's counsel” includes the child who is
proceeding pro se. Reference in these
rules to “counsel for the parent(s), legal guardian, or legal custodian”
includes the parent, legal guardian, or legal custodian who is proceeding pro
se.
Where any
rule obligates the court to inform a child or other person of certain
information, the information shall be provided in commonly understood, everyday
language.
In cases
involving an Indian child, which may be governed by the Indian Child Welfare
Act, 25 U.S.C.A. Chapter 21, sections 1901-1963, these rules shall be construed
to be consistent with that Act. Where
the Minnesota Indian Family Preservation Act, Minnesota Statutes, sections
260.751 through 260.835 applies, these rules shall be construed to be
consistent with that Act.
The purpose
of the juvenile rules is to establish uniform practice and procedures for the
juvenile courts of the State of
(Amended
effective September 1, 2005.)
Minn. R. Juv. Del. P. 1.02
is based upon Minnesota Statutes, section 260B.001, subd. 2 (2002).
The Indian
Child Welfare Act does not apply to placements of Indian children that are
based upon an act that, if committed by an adult, would be deemed a crime. 25 U.S.C. section 1903(1) (1988). However,
Rule 2.01
Right to Attend Hearing
Juvenile court proceedings are closed to the
public except as provided by law. Only
the following may attend hearings:
(A) the
child, guardian ad litem and counsel for the child;
(B) the
parent(s), legal guardian, or legal custodian of the child and their counsel;
(C) the
spouse of the child;
(D) the
prosecuting attorney;
(E) other
persons requested by the parties listed in (A) through (D) and approved by the
court;
(F) persons
authorized by the court under such conditions as the court may approve;
(G) persons
authorized by statute, under such conditions as the court may approve; and
(H) any
person who is entitled to receive a summons or notice under these rules.
Rule 2.02
Exclusion of Persons Who Have A Right To Attend Hearings
The court may
temporarily exclude any person, except counsel and the guardian ad litem, when
it is in the best interests of the child to do so. The court shall note on the record the
reasons a person is excluded. Counsel
for the person excluded has the right to remain and participate if the person
excluded had the right to participate in the proceeding. An unrepresented child can not be excluded on
the grounds that it is in the best interests of the child to do so.
Subdivision 1. Child.
The child shall have the
right to be present at all hearings. The
child is deemed to waive the right to be present if the child voluntarily and
without justification is absent after the hearing has commenced or if the child
disrupts the proceedings. Disruption of
the proceedings occurs if the child, after warning by the court, engages in
conduct which interrupts the orderly procedure and decorum of the court. The court may use all methods of restraint
necessary to conduct the proceedings in an orderly manner. If the child is restrained or removed from
the courtroom, the court shall state the reasons for the restraint or removal
on the record. Except at trials and
dispositional hearings, the child's appearance may be waived if the child is
hospitalized in a psychiatric ward and the treating physician states in writing
the reasons why not appearing would serve the child's best interests.
Subd. 2.
Counsel.
(A)
Counsel for the child shall be present at all hearings.
(B) The
prosecuting attorney shall be present or available for all hearings unless
excused by the court in its discretion.
Subd. 3.
Parent, Legal Guardian or Legal Custodian. The parent,
legal guardian or legal custodian of a child who is the subject of a
delinquency or extended jurisdiction juvenile proceeding shall accompany the
child to all hearings unless excused by the court for good cause shown. If such person fails to attend a hearing with
the child without excuse, the court may issue an arrest warrant and/or hold the
person in contempt. The court may
proceed if it is in the best interests of the child to do so even if the
parent, legal guardian, or legal custodian fails to appear.
Rule 2.04
Right to Participate
Subdivision 1. Child and Prosecuting Attorney. The child and prosecuting
attorney have the right to participate in all hearings.
Subd. 2.
Guardian ad Litem. The guardian ad litem has a right to
participate and advocate for the best interests of the child at all hearings.
Subd.
3. Parent(s),
Legal Guardian, or Legal Custodian.
Except in their role as guardian ad litem for the child, the parent(s),
legal guardian, or legal custodian may not participate separately at hearings
until the dispositional stage of the proceedings and the court shall advise
them of this right. A parent, legal
guardian, or legal custodian shall not participate as counsel for the child
unless licensed to practice law.
Subd. 4. Generally. Persons
represented by counsel, who have a right to participate, shall participate
through their counsel. Unrepresented
persons may participate on their own behalf.
Rule 2.05
Ex-parte Communications
The court shall not receive or consider any ex-parte communication from anyone concerning a proceeding, including conditions of release, detention, evidence, adjudication, disposition, or any other matter. The court shall fully disclose to all counsel on the record any attempted ex-parte communication.
Minn. R. Juv. Del. P. 2.01 allows persons authorized by statute to
attend juvenile court proceedings. They
include the public, in cases where a juvenile over age 16 is alleged to have
committed a felony, and victims. The public is also entitled to be present during
a juvenile certification hearing where a juvenile over age 16 is alleged to
have committed a felony, except that the court may exclude the public from
portions of a certification hearing to discuss psychological material or other
evidence that would not be accessible to the public in an adult proceeding.
Minnesota Statutes, section 260B.163, subd. 1(c) (2002). The statute does not
currently permit exclusion when similar material is being presented in an
extended jurisdiction juvenile proceeding.
This may simply be an oversight. See
also
Minn. R. Juv. Del. P. 2.02 permits exclusion of persons from hearings,
even when they have a right to participate, to serve the child's best
interests. For example, sometimes expert
opinions are offered to the court regarding a child's psychological profile or
amenability to probation supervision.
Counsel are usually aware of such opinions and if it serves no useful
purpose or may even be detrimental to a child's best interests to hear these
opinions, it may be appropriate to temporarily exclude the child from the
hearing. Obviously, this should be
brought to the court's attention either before the hearing or at a bench
conference. Because a child charged with
a juvenile petty or juvenile traffic offense does not have a right to
appointment of counsel at public expense, that child cannot be excluded unless
the child is represented by counsel.
Minn. R. Juv. Del. P. 2.03, subd. 2 provides that the prosecuting
attorney shall be present or available for all hearings unless excused by the
court in its discretion. On occasion,
because of time constraints and distance, it may be impossible for the
prosecuting attorney to be present in person at a particular hearing. So long as the prosecuting attorney is
available by telephone conference, the hearing could proceed without the
prosecutor actually being present.
Minn. R. Juv. Del. P. 2.05 requires full disclosure by the court to
all counsel on the record of any attempted ex-parte communication. Juvenile court has historically been less
formal and more casual than other court proceedings. As a result, lawyers, probation and court
services personnel, law enforcement, victims, and relatives of the child have
sometimes attempted and succeeded in having ex-parte contact with the juvenile
court judge. As the sanctions for
delinquency become more severe, due process safeguards become more imperative.
The child has
the right to be represented by an attorney.
This right attaches no later than when the child first appears in
court. The attorney shall initially
consult with the child privately, outside of the presence of the child's
parent(s), legal guardian or legal custodian.
The attorney shall act solely as the counsel for the child.
Subdivision 1. Felonies and Gross Misdemeanors. In any
proceeding in which the child is charged with a felony or gross misdemeanor,
the court shall appoint counsel at public expense to represent the child, if
the child can not afford counsel and private counsel has not been retained to
represent the child. If the child waives
the right to counsel, the court shall appoint standby counsel to be available
to assist and consult with the child at all stages of the proceedings.
Subd. 2.
Misdemeanors. In any proceeding in which the child is
charged with a misdemeanor, the court shall appoint counsel at public expense
to represent the child if the child can not afford counsel and private counsel
has not been retained to represent the child, and the child has not waived the
right to counsel. If the child waives
the right to counsel, the court may appoint stand‑by counsel to be
available to assist and consult with the child at all stages of the
proceedings.
Subd. 3.
Out‑of‑Home Placement. In any proceeding in which out‑of‑home
placement is proposed, the court shall appoint counsel at public expense to
represent the child, if the child cannot afford counsel and private counsel has
not been retained to represent the child.
If the child waives the right to counsel, the court shall appoint stand‑by
counsel to be available to assist and consult with the child. No out‑of‑home placement may be
made in disposition proceedings, in violation proceedings, or in subsequent
contempt proceedings, if the child was not initially represented by counsel or
standby counsel, except as provided herein.
If out‑of‑home placement is based on a plea or adjudication
obtained without assistance of counsel, the child has an absolute right to
withdraw that plea or obtain a new trial.
Subd. 4.
Probation Violation and Modification of Disposition for Delinquent
Child. In any proceeding in which a delinquent child
is alleged to have violated the terms of probation, or where a modification of
disposition is proposed, the child has the right to appointment of counsel at
public expense. If the child waives the
right to counsel, the court shall appoint standby counsel.
Subd. 5.
Juvenile Petty Offense or Juvenile Traffic Offense.
(A) In any proceeding in which the child is charged
as a juvenile petty offender or juvenile traffic offender, the child or the
child's parent may retain private counsel, but the child does not have a right
to appointment of a public defender or other
counsel at public expense, except:
(1) when the child may be subject to out-of-home
placement as provided in Minnesota Statutes, section 260B.235, subdivision 6;
or
(2) as
otherwise provided pursuant to Rule 3.02, subdivisions 3, 6 and 7.
(B) Except in
the discretion of the Office of the State Public Defender, a child is not
entitled to appointment of an attorney at public expense in an appeal from
adjudication and disposition in a juvenile petty offender or juvenile traffic
offender matter.
Subd. 6.
Detention. Every child has the right to be represented by
an attorney at a detention hearing. An
attorney shall be appointed for any child appearing at a detention hearing who
cannot afford to hire an attorney. If
the child waives representation, standby counsel shall be appointed.
Subd. 7.
Child Incompetent to Proceed. Every child shall be represented by an
attorney in any proceeding to determine whether the child is competent to
proceed. An attorney shall be appointed
for any child in such proceeding who cannot afford to hire an attorney.
Subd.
8. Appearance before a Grand Jury. A child appearing
before a grand jury as a witness in a matter which is under the jurisdiction of
the Juvenile Court shall be represented by an attorney at public expense if the
child cannot afford to retain private counsel.
If the child has effectively waived immunity from self-incrimination or
has been granted use immunity, the attorney for the child shall be present
while the witness is testifying. The
attorney shall not be permitted to participate in the grand jury proceedings
except to advise and consult with the child witness while the child is
testifying.
A child is
entitled to the effective representation of counsel. When two or more children are jointly charged
or will be tried jointly pursuant to Rule 13.07, and two or more of them are represented by
the same counsel, the following procedure shall be followed:
(A) The court
shall address each child individually on the record. The court shall advise the child of the
potential danger of dual representation and give the child the opportunity to
ask the court questions about the nature and consequences of dual
representation. The child shall be given
the opportunity to consult with outside counsel.
(B) On the
record, the court shall ask each child whether the child
(1) understands the
right to be effectively represented by a lawyer;
(2) understands the
details of the lawyer's possible conflict of interest;
(3) understands the
possible dangers in being represented by a lawyer with these possible conflicts;
(4) discussed the
issue of dual representation with a separate lawyer; and
(5) wants a separate
lawyer or waives their Sixth Amendment protections.
Rule 3.04 Waiver of
Right to Counsel
Subdivision
1. Conditions of Waiver. The following
provision does not apply to Juvenile Petty Offenses, which are governed by Rule 17. Any
waiver of counsel must be made knowingly, intelligently, and voluntarily. Any waiver shall be in writing or on the
record. The child must be fully and
effectively informed of the child's right to counsel and the disadvantages of
self-representation by an in-person consultation with an attorney, and counsel
shall appear with the child in court and inform the court that such
consultation has occurred. In
determining whether a child has knowingly, voluntarily, and intelligently
waived the right to counsel, the court shall look to the totality of the
circumstances including, but not limited to: the child's age, maturity,
intelligence, education, experience, ability to comprehend, and the presence of
the child's parents, legal guardian, legal custodian or guardian ad litem. The court shall inquire to determine if the
child has met privately with the attorney, and if the child understands the
charges and proceedings, including the possible disposition, any collateral
consequences, and any additional facts essential to a broad understanding of
the case.
Subd. 2.
Competency Proceedings. Any child subject to
competency proceedings pursuant to Rule 20 shall not be permitted to waive
counsel.
Subd. 3.
Court Approval/Disapproval. If the court accepts the child's waiver, it
shall state on the record the findings and conclusions that form the basis for
its decision and shall appoint standby counsel as required by Rule 3.02.
After a child
waives the right to counsel, the child shall be advised of the right to counsel
by the court on the record at the beginning of each hearing at which the child
is not represented by counsel.
Rule 3.06 Eligibility for Court Appointed
Counsel at Public Expense
Subdivision 1. When Parent or Child Cannot
Afford to Retain Counsel. A child and his parent(s) are financially
unable to obtain counsel if the child is unable to obtain adequate
representation without substantial hardship for the child or the child's
family. The court shall inquire to
determine the financial eligibility of a child for the appointment of counsel.
The ability to pay part of the cost of adequate representation shall not
preclude the appointment of counsel for the child.
Subd. 2. When Parent Can Afford to Retain
Counsel. If the parent(s) of a child can afford to
retain counsel in whole or in part and have not retained counsel for the child,
and the child cannot afford to retain counsel, the child is entitled to
representation by counsel appointed by the court at public expense. After giving the parent(s) a reasonable
opportunity to be heard, the court may order that service of counsel shall be
at the parent(s)'s expense in whole or in part depending upon their ability to
pay.
Rule 3.07 Right of Parent(s), Legal
Guardian(s), Legal Custodian(s) and Guardian ad Litem to Counsel
Subdivision 1. Right of Parent(s), Legal Guardian(s) or
Legal Custodian(s). The parent(s), legal guardian(s) or legal
custodian(s) of a child who is the subject of a delinquency proceeding have the
right to assistance of counsel after the court has found that the allegations
of the charging document have been proved.
The court has discretion to appoint an attorney to represent the
parent(s), legal guardian(s) or legal custodian(s) at public expense if they
are financially unable to obtain counsel in any other case in which the court
finds such appointment is desirable.
Subd. 2.
Right of Guardian Ad Litem to Counsel. In the event of a conflict
between the child and the guardian ad litem, the court may appoint separate
counsel to represent the guardian ad litem.
(Amended
effective September 1, 2005.)
Rule 3.08 Certificates of Representation
A lawyer representing a client in juvenile
court, other than a public defender, shall file with the court administrator on
the first appearance a certificate of representation.
Once a lawyer has filed a certificate of
representation, that lawyer cannot withdraw from the case until all proceedings
have been completed, except upon written order of the court pursuant to a
written motion, or upon written substitution of counsel approved by the court
ex parte.
A lawyer who wishes to withdraw from a
case must file a written motion and serve it by mail or personal service upon
the client and upon the prosecuting attorney; and the lawyer shall have the
matter heard by the court. No motion of
withdrawal will be heard within 10 days of a date certain for hearing or trial.
If the court approves the withdrawal, it
shall be effective when the order has been served on the client and the
prosecuting attorney by mail or personal service and due proof of such service
has been filed with the court administrator.
Minn. R. Juv. Del. P. 3 prescribes the general requirements for
appointment of counsel for a juvenile. In
re Gault, 387
Minn. R. Juv. Del. P. 3.01 provides that the right to counsel
attaches no later than the child's first appearance in juvenile court. See
Minn. R. Juv. Del. P. 3.02 provides for the appointment of
counsel for juveniles in delinquency proceedings. A parent may not represent a child unless he
or she is an attorney. In Gideon v.
Wainwright, 372
If a child in a felony or gross
misdemeanor case exercises the right to proceed without counsel, Faretta v.
California, 422 U.S. 806 (1975), State v. Richards, 456 N.W.2d 260
(Minn. 1990), then Minn. R.
Juv. Del. P. 3.02, subd. 1 requires the court to appoint standby
counsel to assist and consult with the child at all stages of the
proceedings. See, e.g., McKaskle
v. Wiggins, 465
In McKaskle v. Wiggins, the Supreme
Court concluded that appointment of standby counsel was consistent with a
defendant's Faretta right to proceed pro se, so long as standby counsel
did not stifle the defendant's ability to preserve actual control over the case
and to maintain the appearance of pro se representation. The child must have an opportunity to consult
with standby counsel during every stage of the proceedings. State v. Richards, 495 N.W.2d 187 (
Minn. R. Juv. Del. P. 3.02, subd. 2
requires a court to appoint counsel for a child charged with a misdemeanor
unless that child affirmatively waives counsel as provided in Minn. R. Juv. Del. P. 3.04. Minn. R. Juv. Del. P. 3.02, subd. 3
requires the appointment of counsel or standby counsel in any proceeding in
which out‑of‑home placement is proposed, and further limits those
cases in which a child may waive the assistance of counsel without the
appointment of standby counsel. In Argersinger
v. Hamlin, 407
In State v. Borst, 278 Minn. 388,
154 N.W.2d 888 (1967), the Minnesota Supreme Court, using its inherent
supervisory powers, anticipated the United States Supreme Court's Argersinger
and Scott decisions, and shortly after Gideon required the appointment
of counsel even in misdemeanor cases "which may lead to incarceration in a
penal institution."
At the very least, Minn.
R. Juv. Del. P. 3.02, subd. 3 places the prosecution and court
on notice that out‑of‑home placement may not occur unless counsel
or standby counsel is appointed. For
example, a child appearing on a third alcohol offense faces a dispositional
possibility of out-of-home placement, but cannot be placed out of the home if
the child is not represented by counsel unless the child is given the
opportunity to withdraw the plea or obtain a new trial. See
Minnesota Statutes, section 260B.007,
subd. 16 defines "juvenile petty offenses," and converts most
offenses that would be misdemeanors if committed by an adult into petty
offenses. Minn. R. Juv. Del. P. 3.02, subd. 5 and 17.02 explain when a juvenile
petty offender is entitled to court-appointed counsel. If a child is charged as a juvenile petty
offender, the child or the child's parents may retain and be represented by
private counsel, but the child does not have a right to the appointment of a
public defender or other counsel at public expense. The denial of access to court-appointed
counsel is based on the limited dispositions that the juvenile court may impose
on juvenile petty offenders. Minnesota
Statutes, section 260B.235, subd. 4 (2002).
However, children who are charged with a third or subsequent juvenile
alcohol or controlled substance offense are subject to out-of-home placement
and therefore have a right to court-appointed counsel, despite their status as
juvenile petty offenders. If the court
is authorized to impose a disposition that includes out-of-home placement, then
the provisions of Minn. R.
Juv. Del. P. 3.02, subd. 5 and 17.02 are applicable and provide the
child a right to counsel at public expense.
Minn. R. Juv. Del. P. 3.02, subd. 6 is an exception to the prohibition
of appointment of counsel at public expense for a juvenile traffic or juvenile
petty offender. If such a child is
detained, at any hearing to determine if continued detention is necessary, the
child is entitled to court-appointed counsel if unrepresented because
substantial liberty rights are at issue.
Minn. R. Juv. Del. P. 3.02, subd. 7 is an exception to the prohibition
of appointment of counsel at public expense for a juvenile traffic or juvenile
petty offender. As soon as any child is
alleged to be incompetent to proceed, that child has a right to be represented
by an attorney at public expense for the proceeding to determine whether the
child is competent to proceed.
Substantial liberty rights are at issue in a competency proceeding. A finding of incompetency is a basis for a
Child in Need of Protection or Services adjudication and possible out-of-home
placement. Minnesota Statutes, sections
260C.007, subd. 6(15) and 260C.201 (2002).
See also
Minn. R. Juv. Del. P. 3.03 regarding advising children of the perils
of dual representation is patterned after Minn. R. Crim. P. 17.03, subd. 5.
Minn. R. Juv. Del. P. 3.04 prescribes the circumstances under
which a child charged with an offense may waive counsel. The validity of relinquishing a
constitutional right is determined by assessing whether there was a
"knowing, intelligent, and voluntary waiver" under the "totality
of the circumstances." See, e.g.,
Fare v. Michael C., 442
While recognizing a right to waive counsel
and proceed pro se, Minn. R.
Juv. Del. P. 3.02 requires juvenile courts to appoint standby
counsel to assist a child charged with a felony or gross misdemeanor, or where
out‑of‑home placement is proposed, and to provide temporary counsel
to consult with a child prior to any waiver in other types of cases. See, e.g., State v. Rubin, 409
N.W.2d 504, 506 (Minn. 1987) ("[A] trial court may not accept a guilty plea to a felony or gross misdemeanor
charge made by an unrepresented defendant if the defendant has not consulted
with counsel about waiving counsel and pleading guilty"); Jones,
266 N.W.2d 706 (standby counsel available to and did consult with defendant
throughout proceedings and participated occasionally on defendant's behalf); Burt,
256 N.W.2d at 635 ("One way for a trial court to help ensure that a
defendant's waiver of counsel is knowing and intelligent would be to provide a
lawyer to consult with the defendant concerning his proposed waiver").
In State v. Rubin, the court
described the type of "penetrating and comprehensive examination"
that must precede a "knowing and intelligent" waiver and strongly
recommended the appointment of counsel "to advise and consult with the
defendant as to the waiver." See
also
To determine whether a child
"knowingly, intelligently, and voluntarily" waived the right to
counsel, Minn. R. Juv. Del. P.
3.04, subd. 1 requires the court to look at the
"totality of the circumstances," which includes but is not limited to
the child's age, maturity, intelligence, education, experience, and ability to
comprehend and the presence and competence of the child's parent(s), legal
guardian or legal custodian. In
addition, the court shall decide whether the child understands the nature of
the charges and the proceedings, the potential disposition that may be imposed,
and that admissions or findings of delinquency may be valid even without the
presence of counsel and may result in more severe sentences if the child
re-offends and appears again in juvenile court or in criminal court. United States v. Nichols, 511
Even though a child initially may waive
counsel, the child continues to have the right to counsel at all further stages
of the proceeding. Minn. R. Juv. Del. P. 3.05 requires that
at each subsequent court appearance at which a child appears without counsel,
the court shall again determine on the record whether or not the child desires
to exercise the right to counsel.
Minn. R. Juv. Del. P. 3.06 prescribes the standard to be applied by
the court in determining whether a child or the child's family is sufficiently
indigent to require appointment of counsel.
The standards and methods for determining eligibility are the same as
those used in the
Minn. R. Juv. Del. P. 3.06, subd. 2 provides that if the
parent(s) of a child can afford to retain counsel but have not done so and the
child cannot otherwise afford to retain counsel, then the court shall appoint
counsel for the child. When parents can
afford to retain counsel but do not do so and counsel is appointed for the
child at public expense, in the exercise of its sound discretion, the court may
order reimbursement for the expenses and attorney's fees expended on behalf of
the child. Minnesota Statutes, section
260B.331, subd. 5 (2002) ("[T]he court may inquire into the ability of the
parents to pay for such counsel's services and, after giving the parents a
reasonable opportunity to be heard, may order the parents to pay attorneys
fees"). See, e.g., In re
M.S.M., 387 N.W.2d 194, 200 (Minn. Ct. App. 1986).
Minn. R. Juv. Del. P. 3.07 implements the rights of a child's
parent(s), legal guardian or legal custodian to participate in hearings
affecting the child. After a child has
been found to be delinquent and state intervention potentially may intrude upon
the parent's custodial interests in the child, the parent(s) have an
independent right to the assistance of counsel appointed at public expense if
they are eligible for such services.
Rule 4.01
Search Warrants Upon Oral Testimony
Issuance of search warrants based on oral testimony
is governed by Minnesota Rules of Criminal Procedure 33.06 and 36, except as
modified by this Rule. If the focus of
the warrant pertains to a juvenile, the court may designate on the face of the
warrant that it shall be filed in the juvenile court. When so designated, the original warrant, the
duplicate original warrant, the certified transcript of the oral application
for the warrant, any longhand verbatim record, and any related documents shall
be deemed to be a juvenile court record under Rule 30.
Issuance
of search warrants based upon written application is governed by Minnesota
Statutes, sections 626.04 through 626.18 and Minnesota Rules of Criminal
Procedure 33.04, except as modified by this Rule. If the focus of the warrant pertains to a
juvenile, the court may designate on the face of the warrant that it shall be
filed in the juvenile court. When so
designated, the search warrant, warrant application, affidavit(s) and
inventories, including statements of unsuccessful execution and documents
required to be served shall be deemed to be a juvenile court record under Rule 30.
Rule 4.03 Warrants for Immediate Custody
Subdivision
1. Probable Cause Required.
Probable cause may be established by facts set forth in writing attached
to the charging document, by facts set forth in the charging document, by
affidavit(s) attached to the charging document, or by sworn testimony presented
to the court on the record.
Subd.
2. Warrant. The court may issue a warrant for immediate
custody of a delinquent child or a child alleged to be delinquent if the court
finds that there is probable cause to believe that the child has committed a
delinquent act as defined by Minnesota Statutes, section 260B.007, subdivision
6, and:
(A) the child failed to appear after
having been personally served with a summons or subpoena, or reasonable efforts
to personally serve the child have failed, or there is a substantial likelihood
that the child will fail to respond to a summons; or
(B) the child or others are in danger of
imminent harm; or
(C) the child has left the custody of the
detaining authority without permission of the court; or
(D) the child has violated a court order;
or
(E) the child has violated the terms of
probation.
Subd.
3. Warrant for Juvenile Petty or Traffic Offenses. The court may only issue a warrant for
immediate custody of a juvenile petty or juvenile traffic offender or a child
alleged to be a juvenile petty or juvenile traffic offender if the court finds
that there is probable cause to believe that:
(A) the child has committed a juvenile
petty offense as defined by Minnesota Statutes, section 260B.007, subdivision
16 or a juvenile traffic offense as defined by Minnesota Statutes, section
260B.225; and
(B) the child failed to appear after
having been personally served with a summons or subpoena, reasonable efforts to
personally serve the child have failed, or there is a substantial likelihood
that the child will fail to respond to a summons.
Subd.
4. Contents of Warrant for Immediate Custody. A warrant for immediate custody shall be signed by a judge and shall:
(A) order the child to be brought immediately
before the court or the child to be taken to a detention facility designated by
the court to be detained pending a detention hearing or the child to be
transferred to an individual or agency, including but not limited to any
welfare agency or hospital as the welfare of the child might require;
(B) state the name and address of the child, or
if unknown, designate the child by any name or description by which the child
can be identified with reasonable certainty;
(C) state the age and sex of the child, or, if
the age of the child is unknown, that the child is believed to be of an age
subject to the jurisdiction of the court;
(D) state the reasons why the child is being
taken into custody;
(E) where applicable, state the reasons for a
limitation on the time or location of the execution of the warrant; and
(F)
state the date when issued, and the county and court where issued.
Subd. 5. Who May Execute. The warrant for
immediate custody may only be executed by a peace officer authorized by law to
execute a warrant.
Subd. 6.
How Executed. The warrant for immediate custody shall be
executed by taking the child into custody.
Subd. 7.
Where Executed. The warrant for immediate custody may be
executed at any place in the state except where prohibited by law, unless the
judge who issues the warrant limits in writing on the warrant the location
where the warrant may be executed.
Subd. 8.
When Executed. A warrant may be executed at any time unless
the judge who issues the warrant limits in writing on the warrant the time
during which the warrant may be executed.
If the offense is a misdemeanor, petty offense or juvenile traffic
offense, the child may not be taken into custody on Sunday or between the hours
of 10:00 p.m. and 8:00 a.m. on any other day except by direction of the judge.
Subd. 9.
Possession of Warrant. A warrant for immediate custody need not be
in the peace officer's possession at the time the child is taken into custody.
Subd. 10.
Advisory. When a warrant is executed, the child and the
child's parent(s), legal guardian or legal custodian, if present, shall
immediately be informed of the existence of the warrant for immediate custody
and as soon as possible of the reasons why the child is being taken into
custody.
If the child fails to appear in response
to a summons without reasonable cause, then the court may issue a warrant to
take the child into immediate custody pursuant to Minn. R. Juv.
Del. P. 4.03, subd. 2. See
Minnesota Statutes, section 260B.154 (2002).
Probable cause is required for every warrant issued. Before the court may issue a warrant, it
shall make a finding of probable cause based on the contents of the charging
document, any supporting affidavits or sworn supplemental testimony to believe that the child committed an act
governed by Minnesota Statutes, section 260B.007, subds. 6 or 16, or
Minn. R. Juv. Del. P. 4.03,
subd. 4 prescribes the contents of the warrant.
When a child is taken into custody, a detention hearing shall commence
pursuant to
Minn. R. Juv. Del. P. 5.07 within thirty-six (36) hours, excluding Saturdays, Sundays, and
holidays, or within twenty-four hours, excluding Saturdays, Sundays, and
holidays, if the child is detained in an adult jail or municipal lockup.
Under Minn. R. Juv. Del.
P. 4.03, subd. 5, a warrant may be executed
only by a peace officer. Limitations on the manner of execution are the same as
those set out in
Rule 5.01
Scope and General Principles
Rule 5 governs all
physical liberty restrictions placed upon a child before trial, disposition, or
pending a probation violation hearing.
For purposes of this Rule, the day of the act or event from which the
designated period of time begins to run shall be included.
Subdivision 1. Detention. Detention includes all liberty
restrictions that substantially affect a child's physical freedom or living
arrangements before trial, disposition or pending a probation violation
hearing. A child's physical liberty is
restricted when
(A) the child
is taken into custody;
(B) the court
orders detention of the child;
(C) the court
orders out-of-home placement; or
(D) the court
orders electronic home monitoring or house arrest with substantial liberty
restrictions.
Subd. 2.
Detaining Authority. The detaining officer, the detaining
officer's supervisor, the person in charge of the detention facility, the
prosecuting attorney or the court is a detaining authority for the purposes of
this rule.
Subd. 3.
Place of Detention. A place of detention can be any one of the
following places:
(A) the child's home subject to electronic home
monitoring or house arrest with substantial liberty restrictions;
(B) a foster care or shelter care facility;
(C) a secure detention facility;
(D) a detoxification, chemical dependency, or
psychiatric facility;
(E) an adult jail; or
(F) any other place of detention.
Subdivision 1. Presumption for Unconditional Release. The child shall
be released unless:
(A) the child
would endanger self or others;
(B) the child
would not appear for a court hearing;
(C) the child
would not remain in the care or control of the person into whose lawful custody
the child is released; or
(D) the
child's health or welfare would be immediately endangered.
There is a
presumption that a child will not appear for a court hearing when the person to
whom the child is to be released refuses to sign a written promise to bring the
child to court.
Subd. 2.
Detention Factors. The following
non-exclusive factors may justify a decision to detain a child:
(A) the child
is charged with the misdemeanor, gross misdemeanor or felony offense of arson, assault, prostitution or a criminal
sexual offense;
(B) the child
was taken into custody for an offense which would be a presumptive commitment to
prison offense if committed by an adult, or a felony involving the use of a
firearm;
(C) the child was taken into custody for
additional felony charges while other delinquency charges are pending;
(D) the child was taken into custody for a felony
and, as a result of prior delinquency adjudication(s), has received an
out-of-home placement;
(E) the child was an escapee from an institution
or other placement facility to which the court ordered the child;
(F) the child has a demonstrable recent record of
willful failure to appear at juvenile proceedings;
(G) the child is a fugitive from another
jurisdiction; or
(H) the above factors are not met but the
detaining authority documents in writing, objective and articulable reasons why
the child's welfare or public safety would be immediately endangered if the
child were released.
Subd. 3.
Discretion to Release Even if One or More Factors are Met. Even if a child
meets one or more of the factors in Rule 5.03, subdivisions 1 and 2, the detaining authority
has broad discretion to release that child before the detention hearing if
other less restrictive measures would be adequate.
Subd. 4.
Factors Which Can Not Support Detention Decision. In deciding
whether detention is justified, the detaining authority shall not consider the
child or the child's family's race, color, gender, sexual orientation,
religion, national origin, economic or public assistance status, family
structure or residential mobility.
Rule 5.04
Release or Continued Detention
Subdivision 1. For Child Taken Into Custody Pursuant to
Court Order or Warrant.
(A) Detention Required. Unless the court orders an earlier release,
the child may be detained for thirty-six (36) hours after being taken into
custody, excluding Saturdays, Sundays and holidays.
(B) When Release is Mandatory. Unless the time for the detention hearing is
extended by twenty-four (24) hours pursuant to Rule 5.07, subdivision 7, the child shall
be released no later than thirty-six (36) hours after being taken into custody,
excluding Saturdays, Sundays and holidays, unless the court orders continued
detention following a detention hearing commenced within that time period.
Subd. 2.
For Child Taken Into Custody Without a Court Order or Warrant.
(A) Exception Permitting Detention. The officer taking a child into custody
without a court order or warrant shall release the child unless the officer
reasonably believes, after consideration of the factors set out in Rule 5.03, that
(1)
the child would endanger self or others;
(2)
the child would not appear for a court hearing;
(3)
the child would not remain in the care or control of the person into
whose lawful custody the child is released; or
(4)
the child's health or welfare would be immediately endangered.
There is a
presumption that a child will not appear for a court hearing when the person to
whom the child is to be released refuses to sign a written promise to bring the
child to court.
(B) Discretionary Release Any Time Before
Detention Hearing. The detaining
authority has discretion to release a child any time before the detention
hearing if other less restrictive measures would be adequate.
(C) When Release is Mandatory. Unless the time for the detention hearing is
extended by twenty-four (24) hours pursuant to Rule 5.07, subdivision 7, the child shall
be released no later than thirty-six (36) hours after being taken into custody,
excluding Saturdays, Sundays and holidays, unless the court orders continued
detention following a detention hearing commenced within that time period.
Subd. 3.
Child Taken Into Custody and Placed in an Adult Jail or Municipal
Lockup.
(A) Generally. The child shall be released no later than
twenty-four (24) hours after being taken into custody, excluding Saturdays,
Sundays and legal holidays, unless within that time period, a charging document
has been filed with the court and the court has determined at a detention
hearing that the child shall remain detained. If the court's decision at the
detention hearing is that the child shall remain detained, the child shall be
detained at an appropriate juvenile facility.
The court may extend the time for a detention hearing for good cause
pursuant to Rule 5.07, subdivision 7 only if a
charging document has been filed with the court within twenty-four (24) hours
of the child being taken into custody, excluding Saturdays, Sundays and legal
holidays.
(B) Adult
Jail or Municipal Lockup in a Standard Metropolitan Statistical Area. If the jail or municipal lockup is in a
standard metropolitan statistical area, the child shall be held no longer than
six (6) hours after the child was taken into custody including Saturdays,
Sundays and holidays unless a charging document has been filed with the court
within that time period and the court has determined after a detention hearing
that the child shall remain detained. If
the court's decision at the detention hearing is that the child shall remain
detained, the child shall be detained at an appropriate juvenile facility. The time for a detention hearing shall not be
extended.
Subd. 4.
Probable Cause Determination.
(A) Time Limit. The child shall be released
no later than forty-eight (48) hours after being taken into custody without a
court order or warrant signed by a judge, including the day the child was
detained, Saturdays, Sundays and legal holidays, unless the court determines
there is probable cause to believe the child committed the offense(s) alleged.
(B) Application and Record. The facts establishing probable cause to
believe the offense(s) was committed and that the child committed the
offense(s) shall be presented to the judge upon oath, either orally or in
writing. Oral testimony shall be
recorded and retained by the judge.
Written facts may be presented to the judge by telephone, facsimile,
video, or other similar device. If
probable cause is determined on written facts and the judge is not personally
present to sign the determination, the document shall be presented to the judge
for signature within two (2) business days.
The judge shall be advised if a prior request for a probable cause
determination was made and turned down relative to the same incident.
(C) Approval of Prosecuting Attorney. No request for a probable cause determination
may proceed without approval by the prosecuting attorney. The person requesting the probable cause
determination shall, under oath, state that the prosecutor approves the request.
If the prosecutor is unavailable, the court may make the probable cause
determination if the matter should not be delayed.
(D) Determination. After the information is presented, the court
shall determine whether there is probable cause to believe an offense(s) was
committed and that the child committed the offense(s). If probable cause is found, the court may
order continued detention pursuant to Rule 5, and release the child with
conditions or with no conditions. A
written determination of probable cause shall be filed with the court and a
copy provided to the child and child's counsel.
Subd. 5.
Release of Any Child at Any Time by the Court and Conditions of Release. Only the court
may impose conditions of release. The
court at any time may release a child and may impose one or more of the
following conditions:
(A) require
the parent(s), legal guardian, legal custodian or child to post bail;
(B) place
restrictions on the child's travel, associations or place of abode during the
period of the child's release; or
(C)
electronic home monitoring or any other conditions deemed reasonably necessary
and consistent with factors for detaining the child.
Unless the
time for the detention hearing is extended by twenty-four (24) hours pursuant
to Rule 5.07, subdivision 7, all conditions
of release which restrict the physical liberty of a child terminate after thirty-six (36) hours
excluding Saturdays, Sundays and legal holidays unless a detention hearing has
commenced and the court has ordered continued detention.
Subd. 6.
Release to Custody of Parent or Other Responsible Adult. A child released
from a place of detention shall be released to the custody of the child's
parent(s), legal guardian, or legal custodian if deemed appropriate by the
detaining authority. If these
individuals are unavailable or deemed inappropriate, the detaining authority
may release the child to a member of the extended family or kinship network or
other suitable adult deemed appropriate by the detaining authority and
acceptable to the child.
Subdivision 1. Report by Detaining Authority. When a child has
been detained, the detaining officer or his agent shall file a signed report
with the court and deliver a copy to the supervisor of the facility containing
the following information:
(A) the time
the child was taken into custody and the reasons why the child was taken into
custody;
(B) the time
the child was delivered to the place of detention and the reasons why the child
is being held there;
(C) a
statement that the child and the child's parent(s), legal guardian or legal
custodian have received the notification required by Minnesota Statutes,
section 260B.176, subdivisions 3 and 5, including the advisory that every child
at a detention hearing has a right to counsel at public expense pursuant to Rule 3.02, subdivision 6, and the time
such notification was given to each or the efforts made to notify them.
Subd. 2.
Report by Supervisor of the Secure Detention Facility or Shelter Care
Facility. When a child has been delivered to a secure
detention facility or shelter care facility, the supervisor of the facility
shall file with the court a signed report acknowledging receipt of the child
and containing a statement that the child and the child's parent(s), legal
guardian or legal custodian have received the notification required by
Minnesota Statutes, section 260B.176, subdivisions 3 and 5 and the time such
notification was given to each or the efforts made to notify them.
Subd. 3.
Timing of Reports. The reports shall be filed with the court on
or before the court day following detention of the child or by the time of the
detention hearing, whichever is earlier.
Subd. 4.
Notice to Child’s Counsel; Child’s Counsel Access to Child and Reports. If a child is
detained pending a detention hearing in a place of detention other than home
detention or at home on electronic home monitoring, the court administrator
shall give the Office of the Public Defender or the child's attorney, if
privately retained, notice that the child is in custody, notice of the
detention hearing and provide copies of the reports filed with the court by the
detaining officer and the supervisor of the place of detention. Child’s counsel shall have immediate and
continuing access to the child.
Rule 5.06
Identification Procedures
Subdivision 1. Photographing.
(A) Generally. A detained child may be photographed when the
child is taken into custody in accordance with the laws relating to
arrests. All children in custody alleged
to have committed a felony or gross misdemeanor shall be photographed without a
court order.
(B) Report.
A report stating the name of the child photographed and the date the
photograph was taken shall be filed with the court.
Subd. 2.
Fingerprinting.
(A) Generally. All children in custody alleged to have
committed a felony or gross misdemeanor shall be fingerprinted without court
order. Otherwise, a court order is
required pursuant to Rule 10.
(B) Report.
A report stating the name of the child fingerprinted and the date of the
fingerprinting shall be filed with the court.
Subd. 3.
Line-Up.
(A) Generally. A detained child may be placed in a
line-up. A child may choose not to
participate in a line-up which is not related to the matter for which the child
is detained unless ordered by the court to appear in a line-up pursuant to Rule 10.05, subdivision 2(A).
(B) Right to Counsel During Line-Up for Child
Alleged to be Delinquent. A child
has the right to have counsel present when placed in a line-up related to a
delinquent act for which the child has been taken into custody unless exigent
circumstances exist such that providing counsel would unduly interfere with a
prompt investigation of the crime. When
a delinquency petition has been filed, counsel for the child shall be present
for any line-up. Any identification
evidence obtained without the presence of counsel shall be inadmissible, unless
the line-up occurred before the filing of the petition and exigent
circumstances existed preventing the presence of counsel.
(C) Report.
A report stating the name of the children who participated in the
line-up and the date of the line-up shall be filed with the court.
Subdivision 1. Time and Filing. For a child
detained in a secure juvenile detention facility or shelter care facility, the
court shall commence a detention hearing within thirty-six (36) hours of the
time the child was taken into custody, excluding Saturdays, Sundays, and
holidays, unless a charging document has been filed and the judge or referee
determines pursuant to Minnesota Statutes, section 260B.178 that the child
shall remain in detention. For a child
detained in an adult jail or municipal lockup, the court shall commence a
detention hearing within twenty-four (24) hours of the time the child was taken
into custody, excluding Saturdays, Sundays, and holidays, or within six (6)
hours of the time the child was taken into custody if the child is detained in
an adult jail or municipal lockup in a standard metropolitan statistical area,
including Saturdays, Sundays, and holidays, unless a charging document has been
filed and the judge or referee determines pursuant to Minnesota Statutes,
section 260B.178 that the child shall remain in detention.
The following
documents shall be filed with the court before the detention hearing:
(A) a report
or reports that the child is being held in detention filed pursuant to Rule 5.05; and
(B) a
charging document with probable cause.
Subd. 2.
Notice.
(A) Child, Child's Counsel, Prosecuting
Attorney, Child's Parent(s), Legal Guardian or Legal Custodian and Spouse of
the Child. The court shall inform
the child, the child's counsel, the prosecuting attorney, the child's
parent(s), legal guardian or legal custodian and spouse of the child of the
time and place of the detention hearing pursuant to Rule 25. Failure to inform the parent(s),
legal guardian or legal custodian or spouse of the child or their absence at
the hearing shall not prevent the hearing from being conducted or invalidate an
order of detention.
(B) Victim.
If a detained child is charged with a crime of violence against a person
or attempting a crime of violence against a person, the court administrator
shall make reasonable and good faith efforts to notify the victim of the
alleged crime of:
(1) the time and place of the
detention hearing;
(2) the name and telephone number of
a person that can be contacted for additional information; and
(3) the right of the victim and
victim's family to attend the detention hearing.
If the victim
is incapacitated or deceased, notice must be given to the victim's family. If the victim is a minor, notice must be
given to the victim's parent, legal guardian or legal custodian.
Subd. 3.
Advice of Rights. At the beginning of the detention hearing,
the court shall advise all persons present of:
(A) the
reasons why the child was taken into custody;
(B) the
allegations of the charging document;
(C) the
purpose and scope of the detention hearing;
(D) the right
of the child to be represented by counsel at the detention hearing and at every
other stage of the proceedings, and the right of a child alleged to be
delinquent to counsel at public expense; and
(E) the right
of the child to remain silent.
Subd. 4.
Evidence. The court may admit any evidence including
reliable hearsay and opinion evidence that is relevant to the decision whether
to detain the child. The court may not
admit evidence of privileged communications.
Subd. 5.
Findings Necessary for Continued Detention. A court may
detain a child beyond the time set in subdivision 1 of this rule if, after a
hearing, the court finds:
(A) probable
cause to believe the child committed the offense(s) alleged pursuant to Rule 5.04, subdivision 4; and
(B) there is
reason to believe that if the child were released, after consideration of the
factors set forth in Rule
5.03,
that:
(1) the child would endanger self or
others;
(2) the child would not appear for a
court hearing;
(3) the child would not remain in
the care or control of the person into whose lawful custody the child is
released; or
(4) the child's health or welfare
would be immediately endangered.
There is a
presumption that a child will not appear for a court hearing when the person to
whom the child is to be released refuses to sign a written promise to bring the
child to court.
Subd. 6.
Order.
(A) Release.
The child shall be released if the findings required by Rule 5.07, subdivision 5 are not made.
(B) Detention. If the findings required by Rule 5.07, subdivision 5 are made,
the court may order continued detention or release with the posting of bail or
bond and other conditions deemed appropriate by the court.
(C) Notice of Next Hearing. On the record, the court shall advise all
persons present of the date, time, and place of the next hearing. If persons entitled to participate at the
next hearing are not present, the court shall provide those persons with
notification of the next hearing by written notice of hearing. If the child is released, the child may be
required to sign a promise to appear.
Subd. 7.
Extension of Time for Detention Hearing.
For good cause shown, the
court may extend the time for a detention hearing by twenty-four (24) hours on
written application of the prosecuting attorney, if the application for
extension is filed with the court within the time prescribed by this rule. The court may extend the time for one
additional twenty-four (24) hour period upon a second written application being
filed within the extended time previously ordered by the court.
Subdivision 1. Informal Review. An informal review of detention shall be
made by the court every eight (8) days, excluding Saturdays, Sundays, and holidays,
of the child’s detention. If the
circumstances justifying detention have not changed, detention may be
continued. If the circumstances
justifying detention have changed, detention may be modified with consent of
the child, child's counsel, and the prosecuting attorney.
Subd. 2.
Formal Review. The court may schedule a formal review of
detention at any time.
(A) Request by Child, Child's Counsel or
Prosecuting Attorney. If the court
finds a substantial basis exists for the request to schedule a hearing to
review detention, a hearing shall be scheduled as soon as possible, and at
least within eight (8) days of the request.
(B) Notice. The person requesting a formal
review shall make the request by motion as provided in Rule 27.
(C) Relevant Evidence. Subject to
constitutional limitations and privileged communications, the court may admit
any evidence, including reliable hearsay and opinion evidence that is relevant
to the decision regarding continued detention of the child.
(D) Continued Detention. The court may continue the child in detention
if the court makes findings pursuant to Rule 5.07, subdivision 5.
There is a presumption in favor of
releasing an accused child unconditionally.
If the child cannot be released unconditionally, the least restrictive
liberty restriction is favored. The
American Bar Association's Juvenile Justice Standards Relating to Interim
Status: The Release Control, and
Detention of Accused Juvenile Offenders Between Arrest and Disposition
(1980) describes the general principles governing liberty restrictions. These
general principles and policy considerations do not determine the outcomes of
specific cases. Rather, they provide the
process framework within which law enforcement and intake personnel,
prosecuting attorneys and judges decide individual cases. When these decision makers decide whether or
not to place a child in detention or to impose other physical liberty restrictions,
the following policy considerations apply:
to the greatest extent possible, any interim liberty restrictions should
respect the autonomy interests of the accused child and family, ensure equality
of treatment by race, class, ethnicity, and sex, ensure the child promptly
receives access and continuing access to legal assistance, protect the child's
access to education to the extent reasonably possible, and ensure public
safety.
The primary concern of this rule is a
child's physical liberty and living arrangements pending trial and disposition. For purposes of this rule, other non-physical
limitations on a child's autonomy, such as a court order to avoid contact with
victims or witnesses, to attend school, to remain under the control of parents
or custodians, or the like, do not constitute liberty restrictions that
invoke either the procedures of this rule or the expedited timing of procedures
for youths physically detained or restricted.
Minnesota Statutes, section 260B.154
(2002) authorizes the court to issue a warrant for immediate custody for a
child who fails to appear in court in response to a summons. Minnesota Statutes, section 260B.175 (2002)
authorizes a child to be taken into custody: 1) when the child has failed to
obey a summons or subpoena; 2) pursuant
to the laws of arrest; or 3) by a peace officer or probation or parole officer
when it is reasonably believed that the child has violated the terms of
probation, parole, or other field supervision.
Minn. R. Juv. Del. P. 5.07 defines the circumstances under which a
child is subject to continuing physical restraints. Minnesota Statutes, section 260B.176 (2002)
authorizes a detention hearing and provides the statutory framework that
governs this rule.
Minn. R. Juv. Del. P. 5.02, subd. 3 defines the places in which a
child's liberty is restricted. A child's
liberty is restricted when the child is placed at home, but his or her physical
mobility is limited by electronic home monitoring, or house arrest with
substantial liberty restrictions. In
addition, the provisions of this rule apply whenever, prior to disposition, the
child is placed outside of the home, whether or not the placement is in a
secure facility. Thus, a child's liberty
is restricted when placed in a foster care (Minnesota Statutes, section
260B.007, subd. 7 (2002)) or shelter care facility (Minnesota Statutes, section
260B.007, subd. 15 (2002)), in a detoxification or mental health treatment
facility, in a secure detention facility (Minnesota Statutes, section 260B.007,
subd. 14 (2002)), in an adult jail or lock-up, or other place of
detention. A child who is returned to an
out-of-home placement which was made voluntarily or pursuant to a CHIPS
proceeding is not "detained" for the purposes of this rule.
Minn. R. Juv. Del. P. 5.03, subd. 1 establishes a general presumption
in favor of unconditional release for all children taken into custody. Minn. R. Juv. Del. P. 5.03, subd. 2 provides some non-exclusive
evidentiary guidelines by which detaining authorities can decide whether a
child meets the criteria for detention.
Under Minn. R. Juv. Del. P. 5.03, subd. 2, the detaining authority may
detain a child if it believes or the court finds that the child poses a danger
to other people because the child is charged with a presumptive commitment to
prison offense. The presumptive
commitment to prison offenses are enumerated under Section V, Offense Severity
Reference Table of the
Minn. R. Juv. Del. P. 5.03 governs the initial custody decisions
affecting a juvenile by the police, detention and court intake personnel, and
the prosecuting attorney. Minn. R. Juv. Del. P. 5.04, subd. 1
governs the liberty restrictions on a child taken into custody pursuant to a
court order or warrant. Minn. R.
Juv. Del. P. 5.04, subd. 2 governs the liberty restrictions of a
child taken into custody by a peace officer or other person, and then brought
to a detention facility or other place of custody.
Minn. R. Juv. Del. P. 5.04, subd. 3 is based upon
Minn. R. Juv. Del. P.
5.04, subd. 4 is based upon
Minn. R. Juv. Del. P. 5.05, subd. 4 requires the court administrator
to notify the office of the Public Defender that a child is in custody and the
time of the detention hearing and to provide facsimile copies of all reports
transmitted to the court. If a specific
attorney has been assigned to represent the child, that attorney should receive
notice. In jurisdictions where public
defenders rotate, notice to the chief public defender would be sufficient.
Minn. R. Juv. Del. P. 5.06, subd. 1 implements the provision of
Minnesota Statutes, section 299C.10 (2002), which requires peace officers to
take the fingerprints and photograph of a child taken into custody according to
the laws of arrest, pursuant to Minnesota Statutes, section 260B.175, subd.
1(b) (2002). Any photograph taken of a
child must be destroyed when the child reaches the age of 19 years. Minnesota Statutes, section 260B.171, subd.
5(c) (2002). Minn. R. Juv. Del. P. 5.06, subd. 2 implements the provisions of
Minnesota Statutes, section 299C.10 (2002) which requires law enforcement
personnel to take the fingerprints of all juveniles arrested or charged with
felony- or gross misdemeanor-level offenses.
Minn. R. Juv. Del. P. 5.06, subd. 3 implements the policies of U.S.
v. Wade, 388
Minn. R. Juv. Del. P. 5.07 implements Minnesota Statutes, section
629.725 (2002) by providing that, in addition to giving notice to the child,
child's counsel, prosecuting attorney, child's parent(s), legal guardian or
legal custodian and spouse of the child, the court administrator must make a
reasonable and good faith effort to give notice of the time and place of the
detention hearing to the victim if the child is charged with a crime of
violence against a person or attempting a crime of violence against a
person. If the victim is deceased or
incapacitated, the victim's family must receive notice. If the victim is a minor, the victim's parent
or guardian must receive notice.
Minnesota Statutes, section 629.725 (2002). "Crime of
violence" has the meaning given it in
A charging
document is a petition, tab charge or a citation.
Rule 6.02
Tab Charge or Citation
Subdivision 1. Generally. Juvenile petty offenses as
defined by Minnesota Statutes, section 260B.007, subdivision 16, misdemeanors,
juvenile traffic offenses and gross misdemeanors under Minnesota Statutes,
chapter 169A may be charged by tab charge or citation. Before entering a plea of guilty or not
guilty to alleged misdemeanor or gross misdemeanor charge(s), the child may
demand that a petition be filed with the court.
If a petition is demanded, the prosecuting attorney shall have thirty
(30) days to file the petition unless the child is in custody. The prosecuting attorney shall have ten (10)
days to file a petition if a demand is made by a child in custody or the child
shall be released.
Subd. 2. Filing. Before a tab charge
or citation may be filed with the court by the peace officer or attendance
officer who issued the charges, it shall be endorsed by the prosecuting
attorney to permit screening for diversion programs. Filing a tab charge or citation gives the
juvenile court jurisdiction over the matter.
Subd. 3.
Contents of Tab Charge or Citation. Tab charges or citations shall
contain:
(A) the name,
address, date of birth, and race of the child;
(B) the name
and address of the parent, legal guardian or legal custodian of the child;
(C) the
offense charged and a reference to the statute or local ordinance which is the
basis for the charge;
(D) the time and place and county of the
alleged offense.
Subd. 4. Notice of Court Appearance. When a tab
charge or citation is filed with the court, the court administrator shall
promptly schedule the matter for hearing and send notices as provided by Rule 25.
Subdivision 1. Generally.
A child alleged to be
delinquent because of a felony or gross misdemeanor offense (except gross
misdemeanors under Minnesota Statutes, chapter 169A, which may be charged by
tab charge or citation) shall be charged by petition. A child alleged to be delinquent because of a
misdemeanor offense may be charged by petition.
A child charged with a juvenile petty offense or a juvenile traffic
offense may be charged by petition.
Subd. 2.
Filing. Each petition shall be signed by the
prosecuting attorney before it is filed with the court. The signature of the prosecuting attorney
shall be an acknowledgement that the form of the petition is approved and that
reasonable grounds exist to support the petition. A delinquency petition may be filed without
the prosecutor's signature if the prosecutor is unavailable and a judge
determines that filing and the issuance of process should not be delayed.
Subd. 3.
Contents of the Delinquency Petition. Every petition alleging a child
is delinquent shall contain:
(A) a concise
statement alleging the child is delinquent;
(B) a
description of the alleged offense and reference to the statute or ordinance
which was violated;
(C) the
applicable Minnesota Offense Code (MOC);
(D) the name,
date of birth, address, and race of the child;
(E) the names
and addresses of the child's parent(s), legal guardian, legal custodian, or
nearest known relative;
(F) the name
and address of the child's spouse.
Subd. 4.
Separate Counts. A petition may allege separate counts,
whether the alleged delinquent acts arise out of the same or separate
behavioral incidents.
Subd. 5.
Contents of Petition Alleging Juvenile Petty Offender or Juvenile
Traffic Offender. Every petition alleging a child is a juvenile petty
offender or alleging a child is a juvenile traffic offender shall contain:
(A) a concise
statement alleging that the child is a juvenile petty offender or a juvenile
traffic offender;
(B) the name,
address, date of birth, and for juvenile traffic offenders, the drivers license
number of the child, if known;
(C) the name
and address of the parent(s), legal guardian, or legal custodian of the child;
(D) a
description of the offense charged and reference to the statute or ordinance
which is the basis for the charge;
(E) the
applicable Minnesota Offense Code (MOC);
(F) the date,
county, and place of the alleged offense.
Subdivision 1. Permissive. A charging document may be
amended by order of the court at any time:
(A) before
the introduction of evidence at the trial by motion of the prosecuting
attorney; or
(B) after the
commencement of the trial with consent of the child and prosecuting attorney;
or
(C) after
trial but before a finding that the allegations of the charging document have
been proved, upon motion of the prosecuting attorney, if no additional or
different offense is alleged and if substantial rights of the child are not
prejudiced.
Amendments
shall be granted liberally in the interest of justice and the welfare of the
child. If the court orders a charging
document amended, additional time may be granted to the child or prosecuting
attorney to adequately prepare for and ensure a full and fair hearing.
Subd. 2.
Prohibited.
(A) A
charging document alleging a child is delinquent shall not be amended to allege
a child is in need of protection or services.
(B) A
charging document alleging a juvenile petty or traffic offense shall not be
amended to allege the child is delinquent.
(C) A
petition alleging that a child is in need of protection or services shall not
be amended to allege a delinquency, petty offense or juvenile traffic
offense.
(Amended
effective September 1, 2005.)
Subdivision
1. Establishing Probable Cause. The facts establishing probable cause may be
set forth in writing in the charging document or police reports may be attached
to the charging document. If police reports are attached to the charging
document to establish probable cause, the child shall have the right to demand
a statement establishing probable cause with specificity. Once demanded, the prosecuting attorney shall
have ten (10) days to file with the court and serve on opposing counsel, the
specific statement of probable cause.
Probable cause may also be presented by sworn affidavits attached to a
charging document or by sworn testimony presented to the court. If testimony is presented, a verbatim record
of the proceedings shall be made and a transcript of the proceedings prepared
and filed with the court.
Subd. 2.
When Required. There must be a finding of probable cause:
(A) before
the court may issue a warrant pursuant to Rule 4;
(B) before a
detention hearing is held for a child taken into custody without a warrant;
(C) within
ten (10) days of a court order directing the prosecuting attorney to establish
probable cause on the charge(s) alleged in a charging document. The court for any reason may order the
prosecutor to show probable cause and the court shall order the prosecutor to
show probable cause on demand of the child; or
(D) when competency of the child has been
challenged.
Subd. 3.
Dismissal. The court shall dismiss a charging document
when a showing of probable cause has not been made. A dismissal for failure to show probable
cause shall not prohibit the filing of a new charging document and further
proceedings on the new charging document.
Rule 6.06
Procedure on Filing a Charging Document with the Court
Subdivision 1. Dismissal. The court shall dismiss a
charging document if it does not allege an act of delinquency as defined by
Minnesota Statutes, section 260B.007, subdivision 6, a juvenile petty offense
as defined by Minnesota Statutes, section 260B.007, subdivision 16 or a
juvenile traffic offense as defined by Minnesota Statutes, section 260B.225.
Subd. 2.
Arraignment. When a charging document is filed, the court
administrator shall promptly schedule an arraignment on the charging document
and send notices pursuant to Rule 25.
(Amended
effective September 1, 2005.)
Previously, this rule only related to
petitions in juvenile court. Due in
large part to the high volume of gross misdemeanor alcohol related driving
offenses, the law was amended to permit tab charges for these offenses to get
cases to court more promptly.
A citation is defined as a writ issued out
of a court of competent jurisdiction or an order issued by police commanding
the person named to appear on a designated day and respond to a particular
violation. It is most commonly used for
minor offenses such as traffic violations.
Some "tickets" issued by police are called
"citation," some are called "complaint," and some are
called "tab charge." The terms
have become interchanged in everyday use.
In its revision of juvenile statutes, the
legislature also expanded the list of offenses that may be charged by tab
charge rather than petition in juvenile court. See
Minn. R. Juv. Del. P. 6.06, subd. 2 provides that the court
administrator shall promptly schedule the matter for hearing when a charging
document is filed with the court.
Certain offenses may be resolved without a court appearance by mailing
or delivering to the court administrator a payable fine which has been
predetermined by the court. Each
judicial district may establish a list a minor offenses which may be settled by
paying a fine. It is recommended that
the list be made part of or considered by the district in establishing its
dispositional criteria.
Minn. R. Juv. Del. P. 6.03, subd. 2 provides that a petition shall be
signed by the prosecuting attorney before it is filed with the court. Minnesota Statutes, section 260B.141, subd. 1
(2002) provides that any reputable person having knowledge of a child who is a
resident of this state, who appears to be delinquent, may petition the juvenile
court. Minn. R.
Juv. Del. P. 6.03,
subd. 3 sets forth the necessary contents of the petition.
This rule is
not applicable to proceedings on juvenile petty offenses or juvenile traffic
offenses, which are governed by Rule
17.
Arraignment is
a hearing at which the child shall enter a plea in the manner provided in Rule 8.
Upon the filing
of a charging document, the court administrator shall promptly fix a time for
arraignment and send notices pursuant to Rule 25.
Subdivision 1. Child in Custody. The child in custody may be arraigned at a detention
hearing and shall be arraigned no later than five (5) days after the detention
hearing. The child has the right to have
a copy of the charging document for three (3) days before being arraigned.
Subd. 2.
Child Not in Custody. The
child not in custody shall be arraigned not later than thirty (30) days after
the filing of the charging document. The
child has the right to have a copy of the charging document for three (3) days
before being arraigned.
Subdivision 1. Initial Procedure. At the commencement of the hearing, the court shall on
the record:
(A) verify
the name, age, race, and residence of the child who is charged;
(B) determine
whether all necessary persons are present and identify those present for the
record;
(C) determine
whether notice requirements have been met and if not, whether the affected
persons waive notice;
(D) determine
whether the child is either represented by counsel or waives counsel in the
manner provided by Rule 3;
(E) if the
child appears without counsel, and the court determines the child has properly
waived the child's right to counsel, the court shall advise the child of all
trial rights and other rights provided by these rules;
(F) explain
to the child and the child's parent(s), legal guardian or legal custodian, if
present, the child's right to remain silent in this and subsequent appearances
before the court; and
(G) if two or
more children are charged jointly with the same offense, advise the child of
the danger of dual representation pursuant to Rule 3.03.
Subd. 2.
Reading of Allegations of Charging Document. Unless
waived by the child, the court shall read the allegations of the charging
document to the child and determine that the child understands them, and if
not, provide an explanation.
Subd. 3.
Motions. The court shall hear and make findings on any
motions regarding the sufficiency of the charging document, including its
adequacy in stating probable cause of charges made, and the jurisdiction of the
court, without requiring the child to plead guilty or not guilty to the charges
stated in the charging document. A
challenge on probable cause shall not delay the setting of trial proceedings in
cases where the child has demanded a speedy trial.
Subd. 4.
Response to Charging Document. After considering the wishes of the parties to
proceed later or at once, the court may continue the arraignment without
requiring that the child plead guilty or not guilty to charges stated in the
charging document.
Minn. R. Juv. Del. P. 7.04, subd. 1 (G) and Minn. R. Juv. Del. P. 3.03 regarding
advising children of the perils of dual representation are patterned after
Minn. R. Crim. P. 17.03, subd. 5.
Subdivision
1. Juvenile Petty and Traffic
Proceedings. Pleas in juvenile petty
or juvenile traffic proceedings are governed by Rule 17.06.
Subd.
2. Extended Jurisdiction Juvenile
Proceedings. Pleas in extended
jurisdiction juvenile proceedings are governed by Rule 19.10, subdivision 1 and
Minnesota Rules of Criminal Procedure 15.
Subd.
3. Competency Proceedings. Any child subject to competency proceedings
pursuant to Rule 20 shall not be permitted to enter a plea until the court
determines that the child is competent.
If the child
pleads not guilty to charges alleged in the charging document, the court shall
conduct proceedings in accordance with Rules 9 through 16. If the child remains silent when confronted
with charges, or if the court refuses to accept a guilty plea by the child, the
court shall proceed in the same manner as if the child pled not guilty.
Rule 8.03
Plea of Not Guilty Without Appearance
Except when
the child is in detention, the court may permit a written plea of not guilty or
a plea of not guilty on the record to be entered by child's counsel without the
personal appearance of the child, child's parent(s), legal guardian or legal
custodian or their counsel. The child's
counsel shall immediately furnish a copy of the written plea of not guilty to
the prosecuting attorney, either personally or by mail.
Subdivision 1. Waiver of Right to Trial. The court shall not accept a child's plea of
guilty until first determining, the following, under the totality of the
circumstances, and based on the child's statements, whether on the record or
contained in a written document signed by the child and the child's counsel:
(A) Charges in Charging Document; Factual Basis
for Plea. That the child understands
the charges stated in the charging document, and the essential elements of each
charge, and that there is a factual basis for the guilty plea;
(B) Right to Trial. That the child
understands the child's right to have a trial, that is, to require proof of all
elements of each offense stated in the charging document, and that this
includes an understanding of the following related rights:
(1) the right to be presumed innocent of each charge until and unless the petitioner succeeds in proving beyond a reasonable doubt that the child is guilty;
(2) the right to remain silent
during trial proceedings if the child wishes and the right of the child to
testify on the child's own behalf if the child wants to;
(3) the right to call witnesses to testify on the child's behalf, including the right to use court subpoenas to require that witnesses for the child attend the trial; and
(4) the right to hear the testimony
of all witnesses called by the prosecuting attorney, and to cross-examine these
witnesses;
(C) Dispositions. That the child understands the powers of the
court to make a disposition if the court finds that the allegations in the
charging document are proved, including the child's understanding that:
(1) the court's powers range up to
the most severe step of placing custody of the child in an institution;
(2) the court's disposition could be
for a duration ranging upward to the time the child attains age 19; and
(3) the court can modify an initial disposition, even repeatedly, for a term ranging up to the time the child attains age 19; and
(4) the child
understands the potential future consequences if the court finds that the
allegations in the charging document are proved, including the child's
understanding of:
(a) the effect of the finding on sentencing of the child if the child, when an adult, is convicted of an adult offense; and
(b) the effect of the finding in the event the child commits any further offenses while a juvenile, including the prospects for certification of the child for an adult court prosecution or for prosecution in juvenile court as an extended jurisdiction juvenile;
(D) Right to Counsel. If a child charged with a misdemeanor remains
without counsel or with only standby counsel, that the child understands the
continued right to be represented by counsel, and understands that counsel:
(1) could give the child further information and advice on the child’s rights and on the choice to plead guilty or not guilty to the offenses in the charging document; and
(2) could assist the child during a
trial, to protect all rights of the child that arise in the course of a trial;
(E) Free Choice. That any plea of guilty is made freely, and
that no one has made either threats or promises to the child to encourage a
plea of guilty other than those that the parties have disclosed to the court;
and
(F) No
Claim of Innocence. That the child
is not making any claim of innocence.
Subd. 2.
Withdrawal of Plea. The child may, on the record or by written
motion filed with the court, request to withdraw a plea of guilty. The court may allow the child to withdraw a
guilty plea
(A) before
disposition, if it is fair and just to do so, giving due consideration to the
reasons the child gives and any prejudice that withdrawal of the plea would
cause because of actions taken in reliance on the child's plea; or
(B) at any
time, upon showing that withdrawal is necessary to correct a manifest
injustice.
Subd. 3.
Plea to a Lesser Offense or a Different Offense. With the
consent of the prosecuting attorney and the approval of the court, the child
shall be permitted to enter:
(A) a plea of
guilty to a lesser included offense or to an offense of lesser degree, or
(B) a plea of
guilty to a different offense than alleged in the original charging document.
A plea of
guilty to a lesser included offense or to an offense of lesser degree may be
entered without an amendment of the charging document. If a plea to different offense is accepted,
the charging document must be amended on the record or a new charging document
must be filed with the court.
Subd. 4.
Acceptance or Nonacceptance of Plea of Guilty. The court shall
make a finding within fifteen (15) days of a plea of guilty:
(A) that the
plea has been accepted and allegations in the charging document have been proved;
or
(B) that the
plea has not been accepted.
Subd. 5.
Future Proceedings. If the court accepts a plea of guilty and
makes a finding that the allegations in the charging document are proved, the
court shall schedule further proceedings pursuant to Rules 14 and 15.
It is also desirable that the child be asked to
acknowledge by signing the plea petition that the child has read the questions
set forth in the petition or that they have been read to the child; that the
child understands them; that the child gave the answers set forth in the
petition; and that they are true. Suggested forms of the plea petition are
appended to the rules.
Rule
9. Settlement Discussions and Plea
Agreements
In cases in
which it appears that it would serve the interests of the public in the
effective administration of juvenile justice under the principles set forth in
this rule, the prosecuting attorney may engage in settlement discussions for
the purposes of reaching a settlement agreement. If the child is represented, the prosecuting
attorney shall engage in settlement discussions only through the child's
counsel.
Rule 9.02
Relationship between the Child and the Child’s Counsel
The child's
counsel shall conclude a settlement agreement only with the consent of the
child and shall ensure that the decision to enter a guilty plea is ultimately
made by the child.
Rule 9.03
Disclosure of Settlement Agreement
If a
settlement agreement has been reached which contemplates a guilty plea, the
court shall require the disclosure of the agreement and the reasons for it
before the plea. The court shall reject
or accept the plea on the terms of the settlement agreement. The court may postpone its acceptance or
rejection until it has received the results of a pre-disposition report. If the court rejects the settlement
agreement, it shall advise the parties in open court and then ask the child to
either affirm or withdraw the plea.
Rule 9.04
Settlement Discussions and Agreements Not Admissible
If the child
enters a guilty plea which is not accepted or which is withdrawn, neither the
settlement discussions, nor the settlement agreement, nor the plea shall be
received in evidence against or in favor of the child in any subsequent
proceeding against the child.
Rule 10.01 Scope and Application
Rule 10 applies to discovery for
delinquency proceedings, certification hearings and extended jurisdiction
juvenile proceedings and prosecutions. Pursuant to Rule 17.07, this rule may
apply, in the discretion of the court, to juvenile petty and juvenile traffic
proceedings. The discovery procedures
provided for by this rule do not exclude other lawful methods available for
obtaining evidence.
Rule 10.02 Evidence and Identification Disclosure
The
prosecuting attorney shall advise the child's counsel in writing of:
(A) any
evidence against the child obtained as a result of a search, seizure,
wiretapping or any form of electronic or mechanical eavesdropping;
(B) any
confessions, admissions, or statements in the nature
of confessions made by the child;
(C) any
evidence against the child discovered as a result of confessions, admissions or
statements in the nature of confessions made by the child; and
(D) any
identification procedures involving the child, including but not limited to
line‑ups or other observations of the child and the exhibition of
photographs of the child.
The notice
required by this rule shall be provided by the prosecutor within five (5) days
of a not guilty plea by the child. If
child’s counsel makes a demand for disclosure pursuant to this rule, the
disclosures shall be provided within five (5) days of the demand. Evidence which becomes known to the
prosecutor after the deadlines for disclosure provided here, shall immediately
be disclosed to child’s counsel.
Rule 10.03 Notice of Additional Offenses
The
prosecuting attorney shall advise child's counsel of evidence of any additional
offenses that may be offered at the trial under any exclusionary rule
exceptions. Such additional acts shall
be described with sufficient particularity to enable the child to prepare for
the trial. The notice need not include
offenses for which the child has been previously prosecuted, or that may be
offered in rebuttal of character witnesses for the child or as a part of the
occurrence or episode out of which the charges against the child arose. Notice of additional offenses shall be given
at or before the pretrial or omnibus hearing or as soon after those hearings as
the offenses become known to the prosecutor.
If there is no pretrial or omnibus hearing, the notice shall be given at
least seven (7) days before the trial.
Rule 10.04 Disclosure by Prosecuting Attorney
Subdivision 1. Disclosure by Prosecuting Attorney Without
Order of Court. After a charging document is filed, if the
child's counsel makes a request, the prosecuting attorney shall make the
following disclosures
within five (5) days of the receipt of the request:
(A) Trial Witnesses. The prosecuting attorney shall disclose to
the child's counsel the names and addresses of the persons the prosecuting
attorney intends to call as witnesses at the trial, extended jurisdiction
juvenile proceeding or prosecution or certification hearing, together with
their prior record of adult convictions, any prior record of allegations of
delinquency which have been proved and any prior delinquency adjudications within
the actual knowledge of the prosecuting attorney. The prosecuting attorney shall permit the
child's counsel to inspect and copy the witnesses' relevant written or recorded
statements and any written summaries of the substance of relevant oral statements
made by the witnesses to the prosecuting attorney or agents of the prosecuting
attorney within the knowledge of the prosecuting attorney.
(B) Statements of Child and Accomplices. The prosecuting attorney shall disclose and
permit the child's counsel to inspect and copy any relevant written or recorded
statements made by the child and accomplices within the possession or control
of the prosecuting attorney, the existence of which is known by the prosecuting
attorney, and shall provide the child's counsel with the substance of any oral
statements made by the child and accomplices which the prosecuting attorney
intends to offer in evidence at the trial, extended jurisdiction juvenile proceeding or prosecution or certification
hearing.
(C) Documents and Tangible Objects. The prosecuting attorney shall disclose and
permit the child's counsel to inspect and copy books, papers, documents,
photographs and tangible objects that the prosecutor intends to introduce in
evidence at the trial, extended jurisdiction juvenile proceeding or prosecution
or certification hearing, or which were obtained from or belong to the child
and which the prosecuting attorney intends to offer as evidence at the trial,
extended jurisdiction juvenile proceeding or prosecution or certification
hearing. If the prosecuting attorney
intends to offer evidence of buildings or places at the trial, extended
jurisdiction juvenile proceeding or prosecution or certification hearing, the
prosecuting attorney shall permit the child's counsel to inspect and photograph
such buildings or places.
(D) Reports of Examinations and Tests. The prosecuting attorney shall disclose and
permit the child's counsel to inspect and copy any results or reports of
physical or mental examinations, scientific tests, experiments or comparisons
made which are relevant to the case.
(E) Record of the Child. The prosecuting attorney shall inform the
child's counsel of any prior allegations of delinquency which have been proved
and of prior adjudications of delinquency of the child within the possession or
control of the prosecuting attorney.
(F) Special
Education and School Disciplinary Records.
The prosecuting attorney shall disclose and permit the child’s counsel
to inspect and copy all special education and school disciplinary records of
the child, which were transmitted by the agency reporting the crime for
consideration in charging.
(G) Exculpatory Information. The prosecuting
attorney shall disclose to the child's counsel any material or information
within the possession and control of the prosecuting attorney that tends to
disprove the allegation(s).
(H) Scope of the Prosecuting Attorney's
Obligations. The prosecuting
attorney's obligations under this rule extend to material and information in
the possession or control of members of the prosecuting attorney's staff and of
any others who have participated in the investigation or evaluation of the
matter and who report to the prosecuting attorney's office.
Subd. 2.
Disclosure Upon Order of Court. Upon motion of the child's counsel, the court
at any time before trial may require the prosecuting attorney to disclose to
the child's counsel any information requested that is relevant to guilt,
innocence or culpability of the child.
If the motion is denied, the court upon application of the child shall
inspect and preserve any relevant information.
Subd. 3.
Information Not Subject to Disclosure by Prosecuting Attorney.
(A) Opinions, Theories or Conclusions. Unless otherwise provided by these rules, any
legal research, records, correspondence, reports or memoranda to the extent
that they contain the opinions, theories or conclusions of the prosecuting
attorney or members of the prosecuting attorney's staff or officials or agents
of the prosecuting attorney participating in the matter are not subject to
disclosure.
(B) Reports.
Except as provided in Rule 10.04, subdivisions 1, (C)‑(G),
reports, memoranda or internal documents made by the prosecuting attorney or
members of the prosecuting attorney's staff or by agents of the prosecuting
attorney in connection with the matter are not subject to disclosure.
(C) Prosecution Witnesses Under Prosecuting
Attorney's Certificate. The
information relative to the witnesses and persons described in Rule 10.04, subdivisions 1(A) and (B),
shall not be subject to disclosure if approved by the court when the
prosecuting attorney files a written certificate with the court that to do so
may subject the witnesses or persons or others to physical harm or coercion,
provided, however, that non‑disclosure under this rule shall not extend
beyond the time the witnesses are sworn to testify.
Rule 10.05 Disclosure by Child
Subdivision 1. Information Subject to Disclosure Without
Order of Court. After a charging document is filed, if the
prosecuting attorney makes a request, the child's counsel shall make the
following disclosures within five (5) days of the receipt of the request.
(A) Documents and Tangible Objects. The child's counsel shall disclose and permit
the prosecuting attorney to inspect and copy books, papers, documents,
photographs and tangible objects which the child intends to introduce in
evidence at the trial, extended jurisdiction juvenile proceeding or prosecution
or certification hearing. If the child's
counsel intends to offer evidence of buildings or places at the trial, extended
jurisdiction juvenile proceeding or prosecution or certification hearing, the
child's counsel shall permit the prosecuting attorney to inspect and photograph
such buildings or places.
(B) Reports of Examinations and Tests. The child's counsel shall disclose and permit
the prosecuting attorney to inspect and copy any results or reports of physical
or mental examinations, scientific tests, experiments and comparisons made in
connection with the particular matter within the possession or control of the
child which the child intends to introduce in evidence at the trial, extended
jurisdiction juvenile proceeding or prosecution or certification hearing or which
were prepared by a witness whom the child intends to call at the trial,
extended jurisdiction juvenile proceeding or prosecution or certification
hearing when the results or reports relate to the testimony of the witness.
(C) Notice of Defense, Witnesses for the Child
and Record.
(1)
Notice of Defenses. The child's counsel
shall inform the prosecuting attorney in writing of any defense, other than
that of a denial, on which the child intends to rely at the trial, including
but not limited to the defenses of self‑defense, entrapment, duress,
alibi, double jeopardy, statute of limitations, collateral estoppel, a defense
pursuant to Minnesota Statutes, section 609.035 or intoxication. Notice of a defense of mental illness or mental
deficiency is governed by Rule 20.02, subdivision 1.
(2)
Witnesses for the Child. The child's
counsel shall provide the prosecuting attorney with the names and addresses of
persons whom the child intends to call as witnesses at the trial, extended
jurisdiction juvenile proceeding or prosecution or certification hearing
together with their prior record of adult convictions, any prior record of
proven allegations of delinquency and any prior delinquency adjudications
within the actual knowledge of the child's counsel.
(3)
Statements of Witnesses for the Child.
The child's counsel shall permit the prosecuting attorney to inspect and
copy any relevant written or recorded statements of the persons whom the child
intends to call as witnesses at the trial, extended jurisdiction juvenile
proceeding or prosecution or certification hearing and which are within the
possession or control of the child's counsel and shall permit the prosecuting
attorney to inspect and copy any written summaries within the knowledge of the
child or the child's counsel of the substance of any oral statements made by
such witnesses to the child's counsel or obtained by the child at the direction
of counsel.
(4)
Alibi. If the child intends to offer
evidence of an alibi, the child's counsel shall also inform the prosecuting
attorney of the specific place or places where the child contends the child was
when the alleged delinquent act occurred and shall inform the prosecuting
attorney of the names and addresses of the witnesses the child intends to call
at the trial in support of the alibi.
(5)
Record. The child's counsel shall inform
the prosecuting attorney of any prior allegations of a delinquency which have
been proved and any prior adjudications of delinquency of the child. A child shall not be required to reveal prior
offenses which might result in enhancement of
pending enhanceable offenses.
Subd. 2.
Disclosure Upon Order of Court.
(A) Disclosure Procedures With Child. Upon motion of the prosecuting attorney and a
showing that one or more of the following procedures will be material in
determining whether the child committed the alleged act or should be certified
or is an extended jurisdiction juvenile, the court at any time before a hearing
may, subject to constitutional limitations, order the child to:
(1)
appear in a line‑up;
(2)
speak for identification by witnesses to an offense or for the purpose of
taking voice
prints;
(3) be fingerprinted or permit palm
prints or footprints to be taken;
(4) permit measurements of the
child's body to be taken;
(5) pose for photographs not
involving re‑enactment of a scene;
(6)
permit the taking of samples of blood, hair, saliva, urine and other materials
of the
child's
body which involve no unreasonable intrusion;
(7) provide specimens of
handwriting; or
(8) submit to reasonable physical or
medical inspection of the child's body.
(B) Notice of Time and Place of Discovery
Procedures With Child. Whenever the
personal appearance of the child is required for procedures ordered pursuant to
Rule 10.05, subdivision 2(A), the
prosecuting attorney shall inform the child's counsel of the time and place of
the procedure.
(C) Medical Supervision. Blood tests shall be conducted under medical
supervision and the court may require medical supervision for any other test
ordered pursuant to this rule when the court deems such supervision
necessary. Upon motion of the child's
counsel, the court may order the child's appearance delayed for a reasonable
time or may order that tests take place at the child's residence or some other
convenient place.
(D) Notice of Results. The prosecuting attorney shall make available
to the child's counsel the results of the procedures provided by Rule 10.05, subdivision 2(A) within five
(5) days from the date the results become known to the prosecuting attorney,
unless otherwise ordered by the court.
Subd. 3.
Information Not Subject to Disclosure by Child.
(A) Opinions, Theories or Conclusions. Unless otherwise provided by these rules, any
legal research, records, correspondence, reports or memoranda to the extent
that they contain the opinions, theories, or conclusions of the child, the
child's counsel, members of counsel's staff or counsel's agents participating
in the representation of the child are not subject to disclosure.
(B) Reports.
Except as provided by Rule 10.05, subdivisions 1(A) and (B) and
(C)(2), (3), and (5), reports, memoranda or internal documents made by the
child's counsel or members of counsel's staff, or counsel's agents in
connection with the defense of the matter against the child are not subject to
disclosure.
Rule 10.06 Regulation of Discovery
Subdivision 1. Investigations Not to be Impeded.
(A) Prosecuting Attorney. The prosecuting attorney or agents for the
prosecuting attorney shall not advise persons having relevant material or
information to refrain from discussing the case with the child's counsel or
from showing opposing counsel any relevant materials nor shall they otherwise
impede investigation of the case by the child's counsel.
(B) Child,
Child's Counsel or Agents for Child's Counsel. The child, child's counsel,
or agents for the child or child's counsel shall not advise persons having
relevant material or information to refrain from discussing the case with
opposing counsel or their agents or from showing opposing counsel any relevant
materials nor shall they otherwise impede opposing counsel's investigation of
the case except the child's counsel may:
(1) advise the child that the child
need not talk to anyone, and
(2)
advise the child's parent(s), legal guardian and legal custodian that they may
refrain from discussing any relevant material or information obtained as a
result of privileged communication between the child and child's counsel.
Subd. 2.
Continuing Duty to Disclose. If, after compliance with any discovery rule
or order, the prosecuting attorney or the child's counsel discovers additional
material, information or witnesses subject to disclosure, counsel shall
promptly notify the opposing side of the existence of the additional material
or information and the identity of the witnesses. The prosecuting attorney and the child's
counsel have a continuing duty at all times before and during trial to supply
the materials and information required by these rules.
Subd. 3.
Time, Place and Manner of Discovery and Inspection. An order of the
court permitting discovery shall specify the time, place and manner of making
the discovery and inspection permitted and may prescribe such terms and
conditions as are just.
Subd. 4.
Custody of Materials. Any materials furnished to the prosecuting
attorney or the child's counsel under discovery rules or court orders shall
remain in the custody of the prosecuting attorney or the child's counsel and
shall be used only for the pending case and shall be subject to such other
terms and conditions as the court may prescribe.
Subd. 5.
Protective Orders. Upon a showing of reasonable cause, the court
may at any time order that specified disclosures be restricted or deferred or
make such other order as is appropriate.
However, all materials and information to which the prosecuting attorney
or the child's counsel is entitled must be disclosed in time to afford the
opportunity to make beneficial use of it.
Subd. 6.
Excision. If only a portion of materials are
discoverable under these rules, that portion shall be disclosed. If material is excised pursuant to judicial
order, it shall be sealed and preserved in the records of the court to be made
available to the reviewing court in the event of an appeal or habeas corpus
proceeding.
Subd. 7.
Sanctions.
(A) Continuance or Order. If at any time it is brought to the attention
of the court that the prosecuting attorney, the child or child's counsel has
failed to comply with an applicable discovery rule or order, the court may upon
motion, order discovery or inspection, grant a continuance, or enter such order
as it deems just in the circumstances.
(B) Contempt. Any person who willfully disobeys a court
order under these discovery rules may be held in contempt.
Subd. 8.
Expense. If the child or the parent(s) of the child
cannot afford the costs of discovery, these costs will be at public expense in
whole or in part depending on the ability of the child or the parent(s) of the
child to pay.
Subdivision 1. Deposition of Unavailable Witness. Upon motion, the
court may order the deposition of a prospective witness when there is a
reasonable probability the testimony of the witness will be used at a trial or
hearing and:
(A) there is
a reasonable probability the witness will be unable to be present or to testify
at the trial or hearing because of the witness' physical or mental illness,
infirmity, or death; or
(B) the
person requesting the deposition has been unable to procure the attendance of
the witness by subpoena, order of the court, or other reasonable means; or
(C) there is
a stipulation by counsel; or
(D) there is
another reason accepted by the court.
Subd. 2.
Procedure. The court may order that the deposition be
taken orally before any designated person authorized to administer oaths and
that any designated book, paper, document, record, recording or other material
not privileged, be produced at the same time and place. The order shall direct the child to be
present when the deposition is being taken.
(A) Oral Deposition. Depositions shall be taken upon oral
examination.
(B) Oath and Record. The witness shall be put under oath and a
verbatim record of the testimony shall be made in the manner directed by the
court. In the event the court orders
that the testimony at a deposition be recorded by other than stenographic
means, the order shall designate the manner of recording, preserving and filing
the deposition, and may include other
provisions to assure that the recorded testimony will be accurate and
trustworthy. If this order is made, the
prosecuting attorney or the child's counsel may nevertheless arrange to have a
stenographic transcription made at their own expense.
(C) Scope and Manner of Examination‑‑Objections,
Motion to Terminate.
(1)
Consent Required. In no event shall the
deposition of a child who is charged with an offense be taken without the
child's consent.
(2)
Scope and Manner of Taking. The scope
and manner of examination and cross‑examination in the taking of a
deposition to be used at trial shall be the same as that allowed at the
trial. The scope and manner of
examination and cross‑examination in the taking of a deposition to be
used at a certification or extended jurisdiction juvenile hearing shall be the
same as would be allowed at a certification or extended jurisdiction juvenile
hearing.
(3)
Objections. All objections made at the
time of the examination to the qualifications of the person taking the
deposition, or to the manner of taking it, or to the evidence presented or to
the conduct of any person present at the depositions and any other objection to
the proceedings shall be recorded by the person before whom the deposition is
taken. Evidence objected to shall be
taken subject to the objections unless the objection is based on the witness's
use of the Fifth Amendment.
(4)
Limitation upon Motion. At any time, on
motion of the child's counsel or the prosecuting attorney, or of the deponent,
the court may limit the taking of the deposition to that which is commensurate
in cost and duration with the needs of the case, the resources available and
the issues.
At any time
during the taking of the deposition, on motion of the child's counsel or the
prosecuting attorney, or of the deponent, and upon a showing that the
examination is being conducted in bad faith or in such manner as to annoy,
embarrass or oppress the deponent, the child, the child's counsel or
prosecuting attorney or to elicit privileged testimony, the court which ordered
the deposition taken may order the person conducting the examination to cease
forthwith from taking the deposition or may limit the scope and manner of
taking the deposition by ordering as follows:
(A) that
certain matters not be inquired into or that the scope of examination be
limited to certain matters, or
(B) that the
examination be conducted with no one present except persons designated by the
court.
Upon demand
of the child's counsel, the prosecuting attorney or the deponent, the taking of
the deposition shall be suspended for the time necessary to move for the order.
Subd. 3.
Transcription, Certification and Filing. When the
testimony is fully transcribed, the person before whom the deposition was taken
shall certify on the deposition that the witness was duly sworn and that the
deposition is a verbatim record of the testimony given by the witness. That person shall then securely seal the
deposition in an envelope endorsed with the title of the case and marked
"Deposition of (here insert name of witness)" and shall promptly file
it with the court in which the case is pending or send it by registered or
certified mail to the court administrator thereof for filing. Upon the request of the child's counsel or
the prosecuting attorney, documents and other things produced during the
examination of a witness, or copies thereof, shall be marked for identification
and annexed as exhibits to the deposition, and may be inspected and copied by
the child's counsel and the prosecuting attorney. The person taking the deposition shall mark
the exhibits, and after giving opposing counsel an opportunity to inspect and
copy them, return the exhibits to the
person producing them. The exhibits may
then be used in the same manner as if annexed to the deposition.
Subd. 4.
Failure to Appear. Failure of the child to appear after notice
is given will not prohibit the deposition from being taken.
Subd. 5.
Expense of Depositions. If the child or the parent(s) of the child
cannot afford the costs of depositions, these costs shall be paid at public
expense in whole or in part, depending on the ability of the child or the
parent(s) of the child to pay.
Minn. R. Juv. Del. P.
10.02
is modeled after the
Minn. R. Juv. Del. P. 10.03 is modeled after Minn. R. Crim. P.
7.02 and would encompass the commonly referred to Spreigl notice derived
from State v. Spreigl, 139 N.W.2d 167 (1965).
Minn. R. Juv. Del. P.
10.05,
subd. 1(C)(5) provides that a child is not required to reveal prior offenses
which might result in enhancement of pending enhanceable offenses. An example of an "enhanceable
offense" is a pending misdemeanor fifth degree assault which could be
amended to a gross misdemeanor under
References in this rule to “child’s
counsel” include the child who is proceeding pro se. Minn. R. Juv. Del. P. 1.01.
The court, in
its discretion or upon motion of the child's counsel or the prosecuting
attorney, may order a pretrial conference.
Where there has been no pretrial conference, pretrial issues and motions
shall be heard immediately before trial unless the court orders otherwise for
good cause.
Rule 11.02 Evidentiary and Other Issues
At the
pretrial conference, the court shall determine whether there are any
constitutional or evidentiary issues and, if so, schedule an omnibus hearing
pursuant to Rule 12. If
there is no pretrial conference, constitutional or evidentiary issues shall be
raised by written motion of the child's counsel or prosecuting attorney, and
the court shall schedule an omnibus hearing.
The written motion must specifically set forth the issues raised.
Comment--Rule 11
References in this rule to "child's
counsel" include the child who is proceeding pro se. Minn. R. Juv. Del. P.
1.01.
Rule 12.01 Scheduling of Omnibus Hearing
The court
shall hold an omnibus hearing pursuant to Minnesota Rules of Criminal
Procedure, Rule 11 any time before trial to determine issues raised pursuant to
Rules 10 or 11
upon its own motion or upon motion of the child’s counsel or the prosecuting
attorney.
Where new
information, evidence, or issues arise during trial, the court may consider
these issues at trial. Any issue not
determined prior to trial shall be determined as part of the trial.
Rule 12.02 Scheduling of Trial
If a demand
for speedy trial is made, the omnibus hearing shall not extend the time for
trial unless the court finds good cause for continuance of the trial date.
When the same judge is assigned to
determine the admissibility of evidence in a suppression hearing and the guilt
of the juvenile in the same proceeding, the juvenile's basic right to a fair
trial by an impartial tribunal with a determination of guilt based on
admissible evidence may be compromised. E.g.,
In re J.P.L., 359 N.W.2d 622 (Minn. Ct. App. 1984). Continuances of trial the time established by
References in this rule to “child’s
counsel” include the child who is proceeding pro se. Minn. R. Juv. Del. P. 1.01.
Rule 13.01 Purpose and Application
A trial is a
hearing held to determine whether the child is guilty or not guilty of the
offenses alleged in the charging document.
This rule applies to all delinquency, and juvenile petty and juvenile
traffic trials. Extended jurisdiction
juvenile trials are governed by Rule
19.
Rule 13.02
Commencement of Trial
Subdivision 1. For a Child in Detention. A trial shall be
commenced within thirty (30) days from the date of a demand for a speedy trial
unless good cause is shown why the trial should not be commenced within that
time.
Subd. 2.
For a Child Not in Detention. A trial shall be commenced within sixty (60)
days from the date of a demand for a speedy trial unless good cause is shown
why the trial should not be held within that time.
Subd. 3.
Release. If the child is detained and the trial has
not commenced within thirty (30) days of the demand and a continuance has not
been granted, the child shall be released subject to such nonmonetary release
conditions as may be required by the court and the trial shall commence within
sixty (60) days of the original demand for a speedy trial.
Subd. 4.
Dismissal. Unless there is good cause shown for the
delay, the charging document shall be dismissed without prejudice if the trial
has not commenced within the time set forth above and the court has not granted
a continuance.
Subd. 5.
Effect of Mistrial; Order For New
Trial. Upon a declaration of a mistrial, or an order
of the trial court or a reviewing court granting a new trial, a new trial
before a new judge shall be commenced within fifteen (15) days unless good
cause is shown and the court grants a continuance.
Subdivision 1. Initial Procedure. At the beginning
of the trial, if the court has not previously determined the following
information at a prior hearing, the court shall:
(A) verify
the name, age and residence of the child who is the subject of the matter;
(B) determine
whether all necessary persons are present and identify those present for the
record; and
(C) determine
whether notice requirements have been met and if not whether the affected
persons waive notice.
Subd. 2.
Order of Trial. The order of the trial shall be as follows:
(A) the
prosecuting attorney may make an opening statement, confining the statement to
the facts that it expects to prove;
(B) the
child's counsel may make an opening statement, after the prosecutor's opening
statement or may reserve the opening statement until immediately before
offering the defense evidence. The
statement shall be confined to a statement of the defense and the facts
expected to be proved;
(C) the
prosecuting attorney shall offer evidence in support of the charging document;
(D) the
child's counsel may offer evidence in defense of the child;
(E) the
child's counsel and the prosecuting attorney shall have the right to
cross-examine witnesses;
(F) the
prosecuting attorney may offer evidence in rebuttal of the defense evidence,
and the child's counsel may then offer
evidence in rebuttal of the prosecuting attorney rebuttal evidence. In the interests of justice the court may
permit either the prosecuting attorney or the child's counsel to offer evidence
upon the original case;
(G) at the conclusion of the evidence, the prosecuting
attorney may make a closing argument; and
(H) the
child's counsel may make a closing argument.
The court
shall admit only such evidence as would be admissible in a criminal trial.
Rule 13.05 Use of Depositions at Trial
Subdivision 1. Unavailability of Witness.
At a trial or
hearing, a part or all of a deposition, so far as otherwise admissible under
the rules of evidence, may be used as substantive evidence if:
(A) the
witness is dead or unable to be present or to testify at the trial or hearing
because of the witness's existing physical or mental illness, infirmity; or
(B) the
person offering the deposition has been unable to procure the attendance of the
witness by subpoena, order of the court, or other reasonable means; or
(C) there is
a stipulation by counsel; or
(D) for any
other reason accepted by the court.
A deposition
may not be used if it appears that the absence of the witness was procured or
caused by the person offering the deposition, unless part of the deposition has
previously been offered by another party.
Subd. 2.
Inconsistent Testimony. Any deposition may be used by the child's
counsel or the prosecuting attorney for the purpose of contradicting or
impeaching the testimony of the deponent when they appear as a witness.
Subd. 3.
Substantive Evidence. A deposition may be used as substantive
evidence so far as otherwise admissible under the rules of evidence, if the
witness refuses to testify despite an order of the court to do so or if the
witness gives testimony at the trial or hearing which is inconsistent with the
deposition.
The
allegations in the charging document must be proved beyond a reasonable doubt.
Subdivision 1. Generally. When two or more children are
jointly charged with any offense, they may be tried separately or jointly in
the discretion of the court. Where the
offense is a felony, the court shall consider the nature of the offense
charged, the impact on the victim, the potential prejudice to each child, and
the interests of justice before ordering a joint trial. A child in a joint trial shall be found
guilty or not guilty in the same manner as a child tried separately.
Subd. 2.
Severance Because of Improper Joinder.
Where a child was
improperly joined in a proceeding, the court shall order severance upon motion
of the prosecuting attorney or the child’s counsel. Improper joinder is not a ground for
dismissal.
Subd. 3.
Severance Because of Another Child's Out-of-Court Statement. Where one
child's out-of-court statement refers to, but is not admissible against another
child and those children may otherwise be tried jointly, the child against whom
the statement is not admissible may move for severance. If the prosecuting attorney intends to offer
the statement as evidence in its case in chief, the court shall require the
prosecuting attorney to elect one of the following options:
(A) a joint
trial at which the statement is not received in evidence;
(B) a joint
trial at which the statement is received in evidence only after all references
to the child making the motion have been deleted, if admission of the statement
with the deletions will not prejudice that child; or
(C)
severance.
Subd. 4.
Severance During Trial. If the court determines severance is
necessary to achieve a fair determination of the guilt or innocence of one or
more of the children in a joint trial, the court shall order severance upon a
finding of manifest necessity or with the consent of the child to be tried
separately.
Rule 13.08 Joinder and Severance of Offenses
Subdivision 1. Joinder of Offenses. When the child's
conduct constitutes more than one offense, each such offense may be charged in
the same charging document in a separate count.
The court, upon the prosecuting attorney's motion, may order joinder of
offenses if the offenses could have been but were not joined in a single
charging document. In extended
jurisdiction juvenile cases, the child has the same right as an adult to sever
offenses for separate trial on each offense.
Subd. 2.
Severance of Offenses. On motion of the prosecuting attorney or the
child’s counsel, the court shall sever offenses or charges if:
(a) the
offenses or charges are not related;
(b) before
trial, the court determines severance is appropriate to promote a fair
determination of the child's guilt or innocence of each offense or charge; or
(c) during
trial, with the child's consent or upon a finding of manifest necessity, the
court determines severance is necessary to achieve a fair determination of the
child's guilt or innocence of each offense or charge. Misjoinder of offenses is not a ground for
dismissal.
Within seven
(7) days of the conclusion of the trial, the court shall find that the
allegations in the charging document have or have not been proved beyond a
reasonable doubt. The order finding that
the allegations of the charging document have been proved shall also state the
child's name and date of birth; and the date and county where the offense was
committed. The court shall dismiss the
charging document if the allegations have not been proved. Findings may be made on the record, but must
be followed up in writing within the seven (7) days. For good cause, the court may extend the time
for filing written findings for an additional seven (7) days.
Rule 13.10 Further Proceedings
If the court
makes a finding that the allegations of the charging document have been proved,
the court shall hold dispositional proceedings pursuant to Rule 15.
For children held in detention, Minn. R. Juv. Del. P. 13.02, subd. 1 requires that a trial be
commenced within thirty (30) days from the date of the speedy trial demand
unless good cause is shown why the trial should not be held within that
time. If the trial has not commenced
within the thirty (30) days and a continuance has not been granted upon a
showing of good cause, the child shall be released subject to nonmonetary
release conditions that the court may require.
The trial must then commence within 60 days of the date of the demand
for a speedy trial and not 60 days from the child's release.
For children not held in detention, Minn. R. Juv. Del. P. 13.02, subd. 2 provides that a trial shall be
commenced within sixty (60) days from the date of a demand for a speedy trial
unless good cause is shown why the trial should not be held within that
time. The trial may be postponed for
good cause beyond the time limit upon request of the prosecuting attorney or
the child’s counsel or upon the court's initiative. Good cause for the delay does not include
court calendar congestion unless exceptional circumstances exist. See McIntosh v.
If the trial is not commenced within sixty
(60) days from the date of the demand for a speedy trial and a continuance has
not been granted for good cause, the charging document shall be dismissed.
It is within the trial court's discretion whether it is dismissed with
prejudice. See Barker v. Wingo,
407
Minn. R. Juv. Del. P. 13.07 is modeled after Minn. R. Crim. P.
17.03, subds. 2 and 3. Minn. R.
Juv. Del. P. 13.08 is modeled after Minn. R. Crim. P. 17.03,
subds. 1, 3 and 4. Joint trials should
be discouraged where one or more of the children is without counsel.
References in this rule to “child’s
counsel” include the child who is proceeding pro se. Minn. R. Juv. Del. P. 1.01.
Rule
14. Continuance for Dismissal
Rule 14.01 Agreements Permitted
Subdivision
1. Generally. After consideration of the victim's views and
subject to the court's approval, the prosecuting attorney and the child's
counsel may agree that the juvenile proceeding will be suspended for a
specified period without a finding that the allegations of the charging
document have been proved after which it will be dismissed as provided in Rule 14.07 on condition that the child
not commit a delinquency or juvenile petty or juvenile traffic offense during
the period of the continuance. The
agreement shall be on the record or in writing and signed by the prosecuting
attorney, the child, and the child's counsel, if any. The agreement shall contain a waiver by the
child of the right to a speedy trial under Rule 13.02, subdivisions 1 and 2. The agreement may include stipulations
concerning the existence of specified facts or the admissibility into evidence
of specified testimony, evidence, or depositions if the suspension of
prosecution is terminated and there is a trial on the allegations.
Subd. 2.
Additional Conditions. Subject to the court's approval after
consideration of the victim's views and upon a showing of substantial
likelihood that the allegations could be proved and that the benefits to
society from rehabilitation outweigh any harm to society from suspending the
juvenile proceeding, the agreement may specify one or more of the following
additional conditions to be observed by the child during the period of
suspension:
(A) that the
child not engage in specified activities, conduct, and associations bearing a
relationship to the conduct upon which the allegations are based;
(B) that the
child participate in a supervised rehabilitation program, which may include
treatment, counseling, training, and education;
(C) that the
child make restitution in a specified manner for harm or loss caused by the offense
alleged;
(D) that the
child perform specified community service; and
(E) that the
child pay court costs.
Subd. 3.
Limitations on Agreements. The agreement may not specify a period of
suspension longer than the juvenile court has jurisdiction over the child nor
any condition other than that which could be imposed upon probation after a
finding that the offenses alleged have been proved.
Rule 14.02 Court Approval; Filing of Agreement; Release
All
agreements made under Rule 14.01 of this rule must be approved
by the court on the record or in writing.
Promptly after any written agreement is made and approved by the court,
the prosecuting attorney shall file the agreement together with a statement
that pursuant to the agreement the juvenile proceeding is suspended for a
period specified in the statement. Upon
court approval of the agreement, the child shall be released from any custody
under Rule 5.
Rule 14.03 Modification of Agreement
Subject to Rules 14.01 and 14.02 and with the court's approval on the record
or in writing, the parties, by mutual consent, may modify the terms of the
agreement at any time before its termination.
Rule 14.04 Termination of Agreement; Resumption of
Proceedings
Subdivision 1. Upon Notice of Child or Child's Counsel. The agreement is
terminated and the juvenile proceeding may resume as if there had been no
agreement if the child’s counsel serves upon the prosecuting attorney and files
a notice with the court that the agreement is terminated.
Subd. 2.
Upon Order of Court. The court may order the agreement terminated
and the juvenile proceeding resumed if, upon motion of the prosecuting attorney
stating facts supporting the motion and upon hearing, the court finds that:
(A) the child
or child's counsel misrepresented material facts affecting the agreement, if
the motion is made within six months after the date of the agreement; or
(B) the child
has committed a material violation of the agreement, if the motion is made not
later than one month after the expiration of the period of suspension specified
in the agreement.
The court by
warrant may direct any officer authorized by law to bring the child forthwith
before the court for the hearing of the motion if the court finds from
affidavit or testimony that:
(A) there is
probable cause to believe the child committed a material violation of the
agreement; and
(B) there is
a substantial likelihood that the child otherwise will not attend the hearing.
In any case,
the court may issue a summons
instead of a warrant to secure the appearance of the child at the hearing.
Rule 14.06 Release Status upon Resumption of
Delinquency, Juvenile Petty or Juvenile Traffic Proceedings
If the
juvenile proceeding resumes under Rule 14.04, the child shall return to the
release status in effect before the juvenile proceeding was suspended unless
the court imposes additional or different conditions of release under Rule 5.
Rule 14.07 Termination of Agreement; Dismissal
If no motion
by the prosecuting attorney to terminate the agreement is pending, the
agreement is terminated and the charging document shall be dismissed by order
of the court one month after expiration of the period of suspension specified
by the agreement. If such a motion is
then pending, the agreement is terminated and the charging document shall be
dismissed by order of the court upon entry of a final order denying the
motion. Following a dismissal under this
subdivision no further juvenile proceedings may be brought against the child
for the offense involved.
(Amended
effective September 1, 2005.)
Rule 14.08 Termination and Dismissal upon Showing of
Rehabilitation
The court may
order the agreement terminated, dismiss the juvenile proceedings, and bar
further juvenile proceedings on the offense involved if, upon motion of a party
stating facts supporting the motion and opportunity to be heard, the court
finds that the child has committed no later offenses as specified in the
agreement and appears to be rehabilitated.
Rule 14.09 Modification or Termination and Dismissal
upon Child’s Motion
If, upon
motion of the child's counsel and hearing, the court finds that the prosecuting
attorney obtained the child's consent to the agreement as a result of a
material misrepresentation by a person covered by the prosecuting attorney's
obligation under Rule 10.04, the court may:
(A) order
appropriate modification of the terms resulting from the
misrepresentation; or
(B) if the
court determines that the interests of justice require, order the agreement
terminated, dismiss the juvenile proceeding, and bar further juvenile
proceedings on the offense involved.
Rule 14.10 Court Authority to Dismiss
Nothing
in this rule shall limit the inherent power of the court to continue a case for
dismissal even in the absence of an agreement by the prosecutor and child's
counsel. In the event the court
exercises this power:
(A)
The action of the court must be on the record or in writing;
(B)
Unless waived by the child, the court must guarantee the child's right to a
speedy trial under Rule
13.02, subdivisions 1 and 2;
(C)
The continuance shall be on conditions provided in Rule 14.01 subdivisions 1 and 2, and shall be subject
to limitations stated in Rule
14.01, subdivision 3;
(D)
The terms of the continuance may be modified on the record or in writing, by
the court, with notice to all parties; and
(E)
Proceedings following the continuance shall be governed by Rules 14.04 - 14.08.
Pursuant to Minn. R. Juv. Del. P. 1.01, references to "child's counsel"
include the child who is proceeding pro se.
The
All agreements under this rule, including
written agreements, must be approved by the court in writing or on the record.
A continuance for dismissal or continuance
without adjudication under Minn. R. Juv. Del. P. 15.05, subd. 4 are not the only options available
for dealing with an alleged juvenile offender without formal process. Every county attorney is required to have a
pretrial diversion program established for certain juveniles subject to
juvenile court jurisdiction, as an alternative to formal adjudication. See
Minn. R. Juv. Del. P. 14 specifies the procedure to be followed when
the child, child's counsel and prosecuting attorney agree to a continuance for
dismissal. Rule 14.10 further provides
that the court has the inherent authority to order a continuance for dismissal
of its own volition without the agreement of the parties. In re Welfare of J.B.A., 581 N.W.2d 37
(Minn. Ct. App. 1998).
Rule
15. Delinquency Disposition
Subdivision
1. Findings on Charges. All references in this rule to findings that
allegations in the charging document have been proved include findings pursuant
to a plea of guilty by the child under Rule 8.04 and findings after trial
pursuant to Rule 13.09.
Subd. 2.
Application. This rule applies to delinquency dispositions. Rule 17 governs dispositions for juvenile
petty offenses and juvenile traffic offenses.
Rule 19 provides for sentence and
disposition in extended jurisdiction juvenile cases.
Subdivision 1. Hearing. After the court finds that
charges in the charging document have been proved, the court may conduct a
disposition hearing immediately or continue the matter for a disposition
hearing at a later time.
Subd. 2.
Order. The court shall enter a dispositional order
pursuant to Rule15.05:
(A) within
forty‑five (45) days from the finding that the charges have been proved
for a child not held in detention; or
(B) within
fifteen (15) days from the finding that the charges have been proved for a
child held in detention.
Subd. 3.
Delay. For good cause, the court may extend the time
period to enter a dispositional order for one additional period of thirty (30)
days for a child not held in detention or fifteen (15) days for a child held in
detention. Except in extraordinary
circumstances, if the court fails to enter a dispositional order for a child
held in detention within the time limits prescribed by this rule, the child
shall be released from detention. If a
dispositional order for a child is not entered within the time limits
prescribed by this rule, the court may dismiss the case.
Subd. 4.
Transfer of File. If the matter is to be transferred to the
child's county of residence for disposition, the court shall direct the court
administrator to transfer the file to the child's home county within five (5)
days of the finding that the offense(s) charged have been proved. Venue transfers in juvenile court are
governed by Minnesota Statutes, section 260B.105. For convenience of the participants, the
court which accepts a plea may determine the disposition for the court which
will supervise the child's probation, if the transferring court has conferred
with the receiving court and there is agreement regarding the disposition.
Rule 15.03 Predisposition Reports
Subdivision 1. Investigations and Evaluations. The court may
order an investigation of the personal and family history and environment of
the child, and medical, psychological or chemical dependency evaluations of the
child:
(A) at any
time after the charges in the charging document have been proved; or
(B) with the
consent of the child, child's counsel, if any, and the parent(s), legal
guardian or legal custodian of the child, before the charges in the charging
document have been proved.
Subd. 2.
Placement. With the consent of the child at any time or
without consent of the child after the delinquency charges of a charging
document pursuant to Minnesota Statutes, section 260B.007, subdivisions 6(a)(1)
or (2) have been proved, the court may place the child with the consent of the
Commissioner of Corrections in an institution maintained by the Commissioner of
Corrections for the detention, diagnosis, custody and treatment of persons
adjudicated to be delinquent in order that the investigation and evaluations
may be conducted pursuant to Rule
15.03,
subdivision 1.
Subd. 3.
Advisory. The court shall advise the child, the child's
counsel, the prosecuting attorney and the child's parent(s), legal guardian or
legal custodian and their counsel present in court that a predisposition
investigation is being ordered, the nature of the evaluations to be included
and the date when the reports resulting from the investigation are to be filed
with the court.
Subd. 4.
Filing and Inspection of Reports. The person making the report shall file the
report three (3) days prior to the time scheduled for the disposition hearing
and the reports shall be available for inspection and copying by the child, the
child’s counsel, the prosecuting attorney and counsel for the parent(s), legal
guardian or legal custodian of the child.
The court administrator should not otherwise disclose the report except
by court order.
(Amended
effective September 1, 2005.)
Subdivision 1. Procedure. Disposition hearings shall be
separate from the hearing at which the charges are proved and may be held
immediately following that hearing.
Disposition hearings shall be conducted in a manner designed to
facilitate opportunity for all participants to be heard. The child and the child’s counsel, if any,
shall appear at all disposition hearings.
The child's parents and their counsel, if any, may also participate in
the hearing. The child has the right of
allocution at the disposition hearing, prior to any disposition being imposed.
Subd. 2.
Evidence. The court may receive any information, except
privileged communication, that is relevant to the disposition of the case
including reliable hearsay and opinions.
Anyone with the right to participate in the disposition hearing pursuant
to Rule 2 may call witnesses, subject to
cross-examination, regarding an appropriate disposition and may cross-examine
any persons who have prepared a written report relating to the disposition.
Rule 15.05 Dispositional Order
Subdivision 1. Adjudication and Disposition. On each of the
charges found by the court to be proved, the court shall either:
(A)
adjudicate the child delinquent pursuant to Minnesota Statutes, section
260B.198, subdivision 1; or
(B) continue
the case without adjudicating the child delinquent and order a disposition
pursuant to Minnesota Statutes, section 260B.198, subdivisions 1(a) or (b).
The
adjudication or continuance without adjudication shall occur at the same time
and in the same court order as the disposition.
Subd. 2.
Considerations; Findings.
(A) The
dispositional order made by the court shall contain written findings of fact to
support the disposition ordered and shall set forth in writing the following
information:
(1) why
public safety and the best interests of the child are served by the disposition
ordered;
(2)
what alternative dispositions were recommended to the court and why such
recommendations were not ordered; and
(3) if
the disposition changes the place of custody of the child;
(a)
the reasons why public safety and the best interest of the child are not served
by preserving the child's present custody; and
(b)
suitability of the placement, taking into account the program of the placement
facility and assessment of the child's actual needs.
(B) When
making a disposition, the court shall consider whether a particular disposition
will serve established principles of dispositions, including but not limited
to:
(1) Necessity.
It is arbitrary and unjust to impose a disposition that is not necessary
to restore law abiding conduct.
Considerations bearing on need are:
(a)
Public Safety. The risk to public
safety, taking into account:
(i)
the seriousness of the alleged offense in terms of community protection,
including the existence of any aggravating factors recognized by the Minnesota
Sentencing Guidelines, the use of a firearm, and the impact on any victim;
(ii)
the culpability of the child in committing the alleged offense, including the
level of the child's participation in planning and carrying out the offense and
the existence of any mitigating factors recognized by the Minnesota Sentencing
Guidelines;
(iii)
the child's prior record of delinquency;
(iv) the child's programming history, including
the child's past willingness to participate meaningfully in available
programming; and
(b)
Proportionality. The principle that the
disposition be proportional, that is, the least restrictive action consistent
with the child's circumstances.
(2) Best Interests. A disposition must serve the best interests of the child, but this does not supersede the requirement that the disposition be necessary. The promise of benefits in a disposition, or even the suggestion that a particular disposition is best for the child, does not permit a disposition that is not necessary.
(3) Out-of-Home Placement. Public policy mandates that the best interests of the child are normally served by parental custody. Where an out-of-home placement is being considered, the placement should be suitable to the child's needs. A placement that is not suited to the actual needs of the child cannot serve the child's best interests.
(4)
Sanctions. Sanctions, such as
post-adjudication placement in a secure facility, are appropriate where such
measures are necessary to promote public safety and reduce juvenile
delinquency, provided that the sanctions are fair and just, recognize the
unique characteristics and needs of the child and give the child access to
opportunities for personal and social growth.
In determining whether to order secure placement, the court shall
consider the necessity of protecting the public, protecting program residents
and staff, and preventing juveniles with histories of absconding from leaving
treatment programs. Other factors that
may impact on what sanctions are necessary include: any prior adjudication for
a felony offense against a person, prior failures to appear in court, or prior
incidents of running away from home.
(5)
Local Dispositional Criteria. The
disposition should reflect the criteria used for determining delinquency
dispositions in the local judicial district.
Subd. 3.
Duration. A dispositional order transferring legal
custody of the child pursuant to Minnesota Statutes, section 260B.198,
subdivision 1(c) shall be for a specified length of time. The court may extend the duration of a
placement but only by instituting a modification proceeding pursuant to Rule 15.08. Orders for probation shall be for an
indeterminate length of time unless otherwise specified by the court and shall
be reviewed by the court at least annually.
Subd. 4.
Continuance without Adjudication.
(A) Generally. When it is in the best interests of the child
and the protection of the public to do so, the court may continue the case
without adjudicating the child. The
court may not grant a continuance without adjudication where the child has been
designated an extended jurisdiction juvenile.
(B) Child Not in Detention. If the child is not held in detention, the
court may continue the case without adjudication for a period not to exceed
ninety (90) days from the date of disposition.
The court may extend the continuance for an additional successive period
not to exceed ninety (90) days.
(C) Child in Detention. If the child is held or is to be held in
detention, the court may continue the case without adjudication and enter an
order to hold the child in detention for a period not to exceed fifteen (15)
days from the date of disposition. If
the child is in detention, this continuance must be for the purpose of
completing any consideration, or any investigation or examination ordered
pursuant to Rule
15.03,
subdivision 1. The court may extend this
continuance and enter an order to hold the child in detention for an additional
successive period not to exceed fifteen (15) days.
(D) Dispositions During Continuance. During any continuance without adjudication
of delinquency, the court may enter a disposition order pursuant to Minnesota
Statutes, section 260B.198, subdivisions 1(a) or (b).
(E) Adjudication after Continuance. Adjudicating a child for an offense after
initially granting a continuance without adjudication is a probation revocation
and must be accomplished pursuant to Rule 15.07.
(F) Termination of Jurisdiction. A probation revocation proceeding to
adjudicate the child on any allegation initially continued without adjudication
must be commenced within the period prescribed by Rule 15.05, subdivisions 4 (B) or (C), or
juvenile court jurisdiction over the charges terminates.
The court
shall review all disposition orders, except commitments to the Commissioner of
Corrections, at least every six (6) months.
If, upon
review, the court finds there is good cause to believe a modification of the
disposition is warranted under Rule 15.08, subdivision 8, the court may commence a modification
proceeding pursuant to Rule 15.08.
Rule 15.07 Probation Violation
Subdivision 1. Commencement of Proceedings. Proceedings for
revocation of probation may be commenced based upon a written report showing
probable cause to believe the juvenile has violated any conditions of
probation. Based upon the report, the
court may issue a warrant as provided by Rule 4.03, or the court may schedule a
review hearing and provide notice of the hearing as provided in Rule 25.
If the juvenile fails to appear in response to a summons, the court may
issue a warrant.
(A) Contents
of Probation Violation Report. The
probation violation report and supporting affidavits, if any, shall include:
(1) the name, date of birth and
address of the child;
(2) the name and address of the
child's parent(s), legal guardian, or legal custodian;
(3)
the underlying offense or offenses and date(s) of offense for which
violation of probation is alleged; and
(4) a
description of the surrounding facts and circumstances upon which the request
for revocation is based.
(B) Notice.
The court shall give notice of the admit/deny hearing on the probation
violation to all persons entitled to notice pursuant to Rule
25.
Subd. 2.
Detention Hearing. If the child is detained pursuant to a
warrant for immediate custody, detention is governed by Rule
5.
Subd. 3.
Admit/Deny Hearing. The child shall either admit or deny the
allegations of the probation violation report at the admit/deny hearing.
(A) Timing. The admit/deny hearing shall be
held:
(1) for a child in custody, at or
before the detention hearing; or
(2) for a child not in custody,
within a reasonable time of the filing of the motion.
(B) Advisory. Prior to the child admitting
or denying the violation, the court shall advise the child of the following:
(1)
that the child is entitled to counsel appointed at public expense at all stages
of the proceedings;
(2)
that, unless waived, a revocation hearing will be commenced to determine
whether there is clear and convincing evidence that the child violated a
dispositional order of the court and whether the court should change the
existing dispositional order because of the violation;
(3)
that before the revocation hearing, all evidence to be used against the child
shall be disclosed to the child and the child shall be provided access to all
official records pertinent to the proceedings;
(4)
that at the hearing, both the prosecuting attorney and the child shall have the
right to offer evidence, present arguments, subpoena witnesses, and call and
cross-examine witnesses. Additionally,
the child shall have the right at the hearing to present mitigating
circumstances or other reasons why the violation, if proved, should not result
in revocation; and
(5)
that the child has the right of appeal from the determination of the court
following the revocation hearing.
(C) Denial.
If the child denies the allegations, the matter shall be set for a
revocation hearing which shall be held in accordance with the provisions of Rule 15.07, subdivision
4.
(A) Generally. At the hearing, both the prosecuting attorney
and the child shall have the right to offer evidence, present arguments,
subpoena witnesses, and call and cross-examine witnesses, provided, however,
that the child may be denied confrontation by the court when good cause is
shown that a substantial risk of serious harm to others would exist if it were
allowed. Additionally, the child shall
have the right at the hearing to present mitigating circumstances or other
reasons why the violation, if proved, should not result in revocation.
(B) Timing.
The revocation hearing shall be held within seven (7) days after the
child is taken into custody or, if the child is not in custody, within a
reasonable time after the filing of the denial.
If the child has allegedly committed a new offense, the court may postpone
the revocation hearing pending disposition of the new offense whether or not
the child is in custody.
(C) Violation Not Proved. If the court finds that a violation of the
dispositional order has not been established by clear and convincing evidence, the
revocation proceedings shall be dismissed, and the child shall continue under
the dispositional order previously ordered by the court.
(D)
Violation Proved. If
the court finds by clear and convincing evidence, or the child admits violating
the terms of the dispositional order, the court may proceed as follows:
(1) order a disposition pursuant to
Minnesota Statutes, section 260B.198; or
(2) for a child who was previously
granted a continuance without adjudication pursuant to Rule 15.05, subdivision 4, adjudicate the child and
order a disposition pursuant to Minnesota Statutes, section 260B.198.
Rule 15.02 governs the timing of
dispositional orders in probation violation matters.
Rule 15.08 Other Modifications
Subdivision 1. Generally. Rule
15.08 governs the procedure to be followed
when any party, including the court, seeks modification of a disposition.
Subd. 2.
Modification by Agreement. A disposition may be modified by agreement of
all the parties, either in writing or on the record. All agreements to modify a disposition must
be approved by the court, and the court may order the parties to appear at a
hearing to examine the merits of the modification and verify the voluntariness
of the agreement on the record.
Subd. 3.
Motion for Modification. All modification proceedings, shall be
commenced by the filing of a motion or petition to modify the disposition. The
motion for modification shall be in writing and shall be served and filed along
with accompanying affidavits, if any, in accordance with Rule 27. The
motion or its attachments shall state the proposed modification and the facts
and circumstances supporting such a modification.
Subd. 4.
Written Request for Modification. If a child is not represented by counsel, the
child or the child's parent may submit to the court a written request for
modification and send a copy of the written request to the prosecuting
attorney.
Subd. 5.
Good Cause. Within ten (10) days of filing a motion or
written request, the court shall determine from the written request or motion
and accompanying affidavits, if any, whether there is good cause to believe
that a modification of the disposition is warranted under Rule 15.08, subdivision
8. If the court finds that good cause exists the
court shall schedule a modification hearing within ten (10) days of such
finding and issue a notice
in lieu of summons or a summons
in accordance with Rule 15.08, subdivision
6(A). If the court finds that good cause does not
exist, the court shall issue an order denying the motion or written request for
modification.
(A)
Summons. Notice
in lieu of summons or a summons
to the modification hearing shall be served upon the child, the child's
counsel, the prosecuting attorney, the parent(s), legal guardian or legal
custodian of the child, and any agency or department with legal custody of or
supervisory responsibility over the child, pursuant to Rule 25. The
summons
shall be personally served upon the child.
(B) Warrant. The
court may issue a warrant for immediate custody of a delinquent child or a
child alleged to be delinquent if the court finds that there is probable cause
to believe that the child has violated the terms of probation or a court order
and:
(1) the child failed to appear after
having been personally served with a summons or subpoena, or reasonable efforts
to personally serve the child have failed, or there is a substantial likelihood
that the child will fail to respond to a summons; or
(2) the child or others are in
danger of imminent harm; or
(3) the child has left the custody
of the detaining authority without permission of the court.
Subd. 7.
Hearing.
(A) Timing.
Except in extraordinary circumstances, the hearing shall be held within
twenty (20) days of the date of filing of the modification request.
(B) Hearing.
The modification hearing shall be conducted in accordance with Rule 15.04. The moving party bears the burden of proving
that modification is warranted under Rule 15.08,
subdivision 8
by clear and convincing evidence.
Subd. 8.
Grounds for Modification.
The court may order
modification of the disposition after a hearing upon a showing that there has
been a substantial change of circumstances such that the original disposition
is:
(A)
insufficient to restore the child to lawful conduct; or
(B)
inconsistent with the child's actual rehabilitative needs.
The
modification order shall comply with Rule 15.05, subdivisions 2 and 3.
Comments -- Rule 15
The disposition for a child who has been
designated an extended jurisdiction juvenile is also governed by
Minn. R. Juv. Del. P. 15.02, subd. 3 is intended to address the
deficiency noted by various appellate decisions that the juvenile rules do not
specify a sanction for violation of the time limits in this rule. See In
re Welfare of C.T.T., 464 N.W.2d 751, 753 (Minn. Ct. App. 1991) pet. for
rev. denied (Minn. Mar. 15, 1991); In re Welfare of J.D.K., 449
N.W.2d 194, 196 (Minn. Ct. App. 1989).
The juvenile court and court personnel
should make every effort to utilize culturally-specific evaluation and
assessment programs whenever predisposition reports for juveniles are ordered
under Minn. R. Juv. Del. P.
15.03. The juvenile court
should also keep in mind possible cultural issues and biases when evaluating
predisposition reports, particularly when a culture-specific evaluation program
is not available. See Minnesota
Supreme Court Task Force on Racial Bias in the Judicial System, Final Report p.
46-47, 104, 108 (1994).
Before placing a child in a secure
treatment facility the court may conduct a subjective assessment to determine
whether the child is a danger to self or others or would abscond from a
nonsecure facility or if the child's health or welfare would be endangered if
not placed in a secure facility; conduct a culturally appropriate psychological
evaluation which includes a functional assessment of anger and abuse issues;
and conduct an educational and physical assessment of the juvenile. See
When the child has counsel, counsel has
the right and the duty to appear at and participate in the disposition hearing.
As a matter of due process, the child has
the absolute right to call and cross-examine the authors of any reports, object
to the competency of the evidence contained in the reports, and otherwise
respond to any adverse facts contained therein.
See In re Welfare of N.W., 405 N.W.2d 512, 516-17 (Minn.
Ct. App. 1987) (citing Scheibe v. Scheibe, 241 N.W.2d 100 (
The child and other participants in the
disposition hearing have the right to cross-examine the authors of any written
report. However, Rules
15.03 and 15.04 do not mandate that the authors appear
at the disposition hearing. Counsel may
subpoena the authors of written reports for purposes of cross-examination.
Under Minn. R. Juv. Del. P. 15.05, subd. 1, the decision to either adjudicate
the child or grant a continuance without adjudication and the choice of
disposition shall be made at the same time and in a single dispositional
order. Accord Minn. R. Juv. Del. P. 21.03, subd. 1. The purpose of this rule is to eliminate
multiple appeals. Because both an
adjudicatory order and a dispositional order are final, appealable orders, if
the court adjudicates the child or grants a continuance without adjudication
and then enters a dispositional order at a later date, the child is forced to
appeal twice: once from the adjudicatory order and once from the dispositional
order. By requiring the court to defer
the adjudicatory decision until the time of disposition, the child can appeal
both orders at the same time in one appeal.
Requiring that the adjudicatory decision
be deferred until the time of disposition should also eliminate the problem
that arose in In re Welfare of M.D.S., 514 N.W.2d 308 (Minn. Ct. App.
1994). There, the juvenile court entered
an order finding that the allegations of the petition had been proved. The order also stated that adjudication was
withheld but only for the purpose of transferring the case to the child's home
county for disposition and further proceedings.
The child attempted to appeal the order finding that the allegations of
the petition had been proved. The
appellate court held that the order was not appealable because it neither
adjudicated the child delinquent nor finally determined that adjudication was
withheld. Because the juvenile court is
prohibited from adjudicating the child or granting a continuance without
adjudication until the time of disposition under Minn. R. Juv. Del. P. 15.05, subd. 1, it should be clear that there can
be no appeal of the finding that the allegations of the charging document have
been proved until after the court enters a dispositional order.
An order adjudicating a child delinquent
prior to disposition is ineffective and not appealable. But the order becomes appealable as part of
the disposition once a dispositional order is made. See In re Welfare of G.M., 533
N.W.2d 883, C9-95-812 (Minn. Ct. App. July 3, 1995).
A copy of the order adjudicating a child delinquent for committing felony-level criminal sexual conduct should be forwarded to the Bureau of Criminal Apprehension by the court in accordance with Minnesota Statutes, section 260B.171, subd. 2(a) (2002).
Minnesota Statutes, section 260B.198,
subd. 1 (2002) requires written findings on disposition in every case. Although this statute seemingly invades the
province of the judiciary to govern its own procedures. Minn. R. Juv. Del. P.
15.05,
subd. 2(A) reiterates the statutory principle.
Minn. R. Juv. Del. P. 15.05, subd. 2(B) recites some of the general
principles relating to dispositions that have developed under
a. The content of Minn. R. Juv. Del. P.
15.05,
subd. 2(B) is largely derived from Minnesota Statutes, section 260B.001, subd.
2 (2002);
b.
The overriding purpose in every juvenile delinquency disposition,
declared by statute, is to "promote the public safety and reduce juvenile
delinquency by maintaining the integrity of the substantive law prohibiting
certain behavior and by developing individual responsibility for lawful
behavior." Minnesota Statutes,
section 260B.001, subd. 2 (2002). This
statute and another declare the means to be employed by the juvenile court to
serve its public safety purpose. First,
the purpose of the court "should be pursued through means that are fair
and just, that recognize the unique characteristics and needs of children, and
that give children access to opportunities for personal and social
growth."
Where appropriate, the court should make
every effort to use any available culturally-specific programs when making a
disposition for a juvenile. The court
should also be aware of racial disparities in dispositions among similarly
situated juveniles, particularly for those offenses which have historically
resulted in more severe sanctions for minorities. See
Minn. R. Juv. Del. P.
15.05,
subd. 3 provides that a dispositional order that transfers legal custody of the
child under
The duration of a disposition that
transfers custody of the child to the Commissioner of Corrections pursuant to
"Withholding of adjudication"
was redesignated as "continuance without adjudication" to conform
with the statutory language of
Continuance without adjudication (or
withholding of adjudication) has a material effect on a child's juvenile
record. Prior to 1983, the
A continuance without adjudication or
continuance for dismissal under Minn. R. Juv. Del. P. 14 are not the only options available for
dealing with an alleged juvenile offender without formal process. Every county attorney should have a pretrial
diversion program established for certain juveniles subject to juvenile court
jurisdiction, as an alternative to formal adjudication. See
Much of Minn. R. Juv. Del. P. 15.07 was taken from
Unless all the parties agree to a proposed
modification, the court may not order modification of the disposition after an
informal review without commencing a modification proceeding pursuant to Minn. R. Juv. Del. P. 15.08 in order to give the parties an opportunity
to contest the proposed modification before it is imposed.
Under Minn. R. Juv. Del. P. 15.08, subd. 2, the
court is not required to hold a hearing to examine a modification agreement on
the record in every case. But agreements
to make upward modifications to a disposition will normally require a court
appearance and approval on the record in order to ensure that the proposed
modification complies with the law, and that the child appreciates the
significance of the modification and voluntarily consents to the
modification. The discretion to approve
a modification without an appearance is intended to be reserved for relatively
minor, usually downward, modifications.
Rule 15.08 does not
apply to probation revocations, the procedure for which is governed by Rule 15.07.
Minnesota Statutes, section 260B.154
(2002) addresses the court's authority to issue a warrant for immediate custody
for the child. Minnesota Statutes,
section 260B.175, subd. 1(c) addresses the authority of a peace officer or
probation officer to take a child into custody for allegedly violating the
terms of probationary supervision.
Counsel for the child has the right and
duty to appear at and participate in all probation revocation and modification
proceedings and hearings. See Minn. R. Juv. Del. P. 3.02, subd. 4.
References in this rule “counsel for the
parent(s), legal guardian, or legal custodian include the parent, legal
guardian, or legal custodian who is proceeding pro se. Minn. R. Juv. Del. P. 1.01.
Subdivision 1. Grounds. The court, on written motion of
the child's counsel, may grant a new trial on any of the following grounds:
(A) if
required in the interests of justice;
(B)
irregularity in the proceedings of the court or in any court order or abuse of
discretion by the court, if the child was deprived of a fair trial;
(C)
misconduct of the prosecuting attorney;
(D) accident
or surprise which could not have been prevented by ordinary prudence;
(E) material
evidence, newly discovered, which with reasonable diligence could not have been
found and produced at the trial;
(F) errors of
law occurring at the trial and objected to at the time or, if no objection is
required, assigned in the motion; or
(G) the
finding that the allegations of the charging document are proved is not
justified by the evidence or is contrary to law.
Subd. 2.
Basis of Motion. A motion for a new trial shall be made and heard
on the files, exhibits and minutes of the court. Pertinent facts that would not be a part of
the minutes may be shown by affidavit except as otherwise provided by these
rules. A full or partial transcript of
the court reporter's notes of the testimony taken at the trial or other
verbatim recording thereof may be used on the hearing of the motion.
Subd. 3.
Time for Motion.
(A) Generally. Notice of a motion for a new trial shall be
served within fifteen (15) days after the finding that the allegations of the
charging document are proved. The motion
shall be heard within thirty (30) days after the finding that the allegations of the charging
document are proved unless the time for the hearing is extended by the court
for good cause shown within the thirty (30) day period.
(B) New Evidence. Notice of a motion for a new trial based on
new evidence shall be served and filed within fifteen (15) days of the filing
of the court's order for adjudication and disposition. The motion shall be heard within fifteen (15)
days of the filing of the notice of motion for new trial. Upon a showing that new evidence exists, the
court shall order that a new trial be held within thirty (30) days, unless the
court extends this time period for good cause shown within the thirty (30)
days.
Subd. 4.
Time for Serving Affidavits. When a motion for new trial is based on
affidavits, they shall be served with the notice of motion. The prosecuting attorney shall have ten (10)
days after such service in which to serve responsive affidavits. The period may be extended by the court upon
an order extending the time for hearing under this rule. The court may permit reply affidavits.
Rule 16.02 Motion to Vacate the Finding that the
Allegations of the Charging Document are Proved
The court, on
motion of the child's counsel, shall vacate the finding that the allegations of
the charging document are proved and dismiss the charging document if it fails
to charge an offense or if the court was without jurisdiction of the offense
charged. The motion shall be made within
fifteen (15) days of the finding that
the allegations of the charging document are proved or within such time
as the court may fix during the fifteen (15) day period. If the motion is granted, the court shall
make written findings specifying its reasons for vacating the finding that the
allegations of the charging document are proved and dismissing the charging
document.
Any motion to
vacate the finding that the allegations of the charging document are proved
shall be joined with a motion for a new trial.
Rule 16.04 New Trial on Court’s own Motion
The court, on
its own motion, may order a new trial upon any of the grounds specified in Rule 16.01, subdivision 1 within fifteen
(15) days after the finding that the allegations of the charging document are
proved and with the consent of the child.
Comment--Rule 16
References to "child's counsel"
includes the child who is proceeding pro se.
Minn. R. Juv. Del. P. 1.01.
Minn. R. Juv. Del. P. 16.01, subd. 3 provides that notice of a
motion for a new trial shall be served within fifteen (15) days after the
finding that the allegations of the charging document are proved, except for a
motion for new trial based on the grounds of new evidence. Minnesota Statutes,
section 260B.411 (2002) provides for a different time for filing a motion for
new trial which is premised on the discovery of new evidence. There, a child must bring a motion for new
trial based on new evidence within fifteen (15) days of the filing of the
court's order for adjudication and disposition.
In re Welfare of D.N. held that a
juvenile must move for a new trial to raise an appealable issue on evidentiary
rulings. In re Welfare of D.N.,
523 N.W.2d 11, 13 (Minn. Ct. App. 1994), review denied (Minn. Nov. 29,
1994). It should be noted that D.N. was
a child in need of protection or services and not a delinquent. The procedures for delinquent children are
more closely aligned with the rules of adult criminal court.
RULE
17. JUVENILE PETTY OFFENDER AND JUVENILE
TRAFFIC OFFENDER
Rule 17.01 Scope, Application and General Purpose
Rule 17 applies to children alleged to be juvenile petty
offenders as defined by Minnesota Statutes, section 260B.007, subdivision 16 or
juvenile traffic offenders as defined by Minnesota Statutes, section
260B.225. The purpose of Rule 17 is to provide a uniform and streamlined
procedure for juvenile petty and juvenile traffic offenders which is sensitive
to the fact that neither has the right to counsel at public expense, except as
provided in Rule 3.02, subd. 5. Except as provided in this rule, the general
rules of juvenile delinquency procedure apply to juvenile petty and juvenile
traffic matters.
Subdivision 1. Juvenile Petty Offender. A juvenile petty
offender is a child who has committed a juvenile petty offense as defined by
Minnesota Statutes, section 260B.007, subdivision 16.
The
prosecuting attorney may designate a child a juvenile petty offender despite
the child’s history of misdemeanor-level offenses.
Subd. 2.
Juvenile Traffic Offender. A juvenile traffic offender is any child
alleged to have committed a traffic offense except those children under the
jurisdiction of adult court as provided in Minnesota Statutes, section 260B.225.
A traffic
offense is any violation of a state or local traffic law, ordinance, or
regulation, or a federal, state or local water traffic law.
Subdivision 1. Generally. In any proceeding in which a
child is charged as a juvenile petty offender or a juvenile traffic offender,
the child or the child’s parent may retain private counsel, but the child does
not have a right to counsel at public expense, except:
(A) when the
child may be subject to out-of-home placement as provided in Minnesota
Statutes, section 260B.235, subdivision 6; or
(B) as
otherwise provided pursuant to Rule 3.02, subdivisions 3, 6
and 7.
Subd.
2. Waiver. Any
waiver of counsel must be knowing, intelligent, and voluntary. A waiver of counsel shall be in writing or
made orally on the record.
Subd. 3.
For Appeal. A child adjudicated a juvenile petty offender
or juvenile traffic offender does not have the right to counsel at public
expense for the purposes of appeal except at the discretion of the Office of
the State Public Defender as set out in Rule 21.02 , subdivision 2.
Subd. 4.
Parent, Legal Guardian or Legal Custodian as Counsel. A parent, legal
guardian or legal custodian may not represent the child unless licensed as an
attorney.
The issuance
of warrants under this Rule is governed by Rule 4.
Rule
17.04 The Charging Document and Notice
of Arraignment
A child shall
be charged as a juvenile petty offender or juvenile traffic offender pursuant
to Rule 6 with proper notice given pursuant
to Rule 25.
The time for an arraignment shall be the same as that for a delinquency
proceeding.
Subdivision 1. Generally. An arraignment is a hearing in
which a child shall enter a plea of guilty or not guilty in the manner provided
in Rule 17.06.
Subd. 2.
Timing. Upon the filing of a charging document, the
court administrator shall promptly fix a time for arraignment and send notices
pursuant to Rule 25. The
time for an arraignment shall be the same as that for a delinquency proceeding,
that is:
(A) Child in Custody. The child in custody
may be arraigned at a detention hearing and shall be arraigned no later than
five (5) days after the detention hearing.
The child has the right to have a copy of the charging document for
three (3) days before being arraigned.
(B) Child Not in Custody. The child not in
custody shall be arraigned no later than thirty (30) days after the filing of
the charging document. The child has the
right to have a copy of the charging document for three (3) days before being
arraigned.
Subd. 3.
Hearing Procedure. Children alleged to be juvenile petty offenders or
juvenile traffic offenders may be arraigned as a group and shall be arraigned
individually and confidentially upon request.
At the start of the arraignment, the court shall inform the child(ren)
of the following rights and possible dispositions:
(A) the right
to remain silent;
(B) the right
to counsel at any point throughout the proceedings, including the limited right
to appointment of counsel at public expense;
(C) the right
to plead not guilty and have a trial in which the child is presumed innocent
unless and until the prosecuting attorney proves the allegations beyond a
reasonable doubt;
(D) the right
of the child to testify on the child's own behalf;
(E) the right
to call witnesses using the court's subpoena powers;
(F) For a Juvenile Petty Offender.
(1) the dispositions that may be imposed pursuant to Minnesota Statutes, section 260B.235, subdivisions 4, 5 and 6 if the child pleads guilty or, after a trial, the court finds that the allegations of the charging document have been proven beyond a reasonable doubt; and
(2) if the offense is a second misdemeanor-level petty offense, the possibility that any same or similar offense will be charged as a misdemeanor in a delinquency petition;
(G) For a Juvenile Traffic Offender. The dispositions that may be imposed pursuant
to Minnesota Statutes, section 260B.225, subdivision 9 if the child pleads
guilty or, after a trial, the court finds that the allegations of the charging
document have been proven beyond a reasonable doubt.
Subd. 4.
Reading of Allegations of Charging Document. The court shall
read the allegations of the charging document to the child and determine that
the child understands them, and, if not, provide an explanation.
Subd. 5.
Motions. The court shall hear and make findings on any
motions regarding the sufficiency of the charging document, including its
adequacy in stating probable cause of the charges made and the jurisdiction of
the court, without requiring the child to plead guilty or not guilty to the
charges in the charging document. A
challenge of probable cause shall not delay the setting of trial proceedings in
cases where the child has demanded a speedy trial.
Subd. 6.
Response to Charging Document. After considering the wishes of the parties
to proceed later or at once, the court may continue the arraignment without
requiring the child to plead guilty or not guilty to the charges stated in the
charging document.
Subdivision 1. Plea of Guilty. Before the court
accepts a plea of guilty, the court shall determine under the totality of the
circumstances whether the child understands all applicable rights. The court shall on the record, or by written
plea petition if the child is represented by counsel, determine
(A) whether
the child understands
(1) the
nature of the offense alleged;
(2) the
right to the appointment of counsel if the child is subject to out-of-home
placement as provided in Minnesota Statutes, section 260B.235, subdivision 6;
(3) the right to trial;
(4) the presumption of innocence
until the prosecuting attorney proves the charges beyond a reasonable doubt;
(5) the right to remain silent;
(6) the right to testify on the
child's own behalf;
(7) the right to confront witnesses
against oneself;
(8) the right to subpoena witnesses;
(9) that the child's conduct
constitutes the offense to which the child pled guilty;
(B) whether
the child makes any claim of innocence; and
(C) whether
the plea is made freely, under no threats or promises other than those the
parties have disclosed to the court.
Subd. 2.
Plea of Not Guilty. Upon a plea of not guilty, the matter shall
be set for trial and the court shall advise the child of the discovery
procedures as set forth in Rule 17.07.
Subd. 3.
Withdrawal of Plea. The child may, on the record or by written
motion filed with the court, request to withdraw a plea of guilty. The court may allow the child to withdraw a
guilty plea:
(A) before
disposition, for any just reason;
(B) at any
time, if out-of-home placement is proposed based upon a plea or adjudication
without the assistance of counsel; or
(C) after
disposition, upon showing that withdrawal is necessary to correct a manifest
injustice.
Subd. 4.
Plea to a Lesser Offense or a Different Offense. With the consent
of the prosecuting attorney and approval of the court, the child shall be
permitted to enter:
(A) a plea of
guilty to a lesser included offense or to an offense of a lesser degree; or
(B) a plea of
guilty to a different offense than that alleged in the charging document.
A plea of
guilty to a lesser included offense or to an offense of a lesser degree may be
entered without an amendment of the charging document. If a plea to different offense is accepted,
the charging document must be amended on the record or a new charging document
muse be filed with the court.
Subd. 5.
Acceptance or Nonacceptance of Plea of Guilty and Future Proceedings. The court shall make a finding within fifteen
(15) days of the plea of guilty:
(A) that the
plea has been accepted and the allegations in the charging document have been
proved; or
(B) that the
plea has not been accepted.
If the court
accepts a plea of guilty and makes a finding that the allegations in the
charging document have been proved, the court shall schedule further
proceedings pursuant to Rule 17.09.
At the
court's discretion, discovery may be conducted in the manner provided for
delinquency proceedings pursuant to Rule 10.
Otherwise discovery shall proceed as follows: The prosecuting attorney shall, as soon as
possible, provide the child with copies of statements and police reports. At least ten (10) days before trial, the
parties shall exchange the names of witnesses they intend to have testify at
trial as well as exhibit lists.
Rule 17.08 Pretrial and Omnibus Hearing
Upon request
of either party, the court shall hold a pretrial and/or an omnibus hearing in
the manner provided for delinquency proceedings pursuant to Rules 11 and 12.
Rule
17.09 Adjudication and Disposition
Subdivision 1. Predisposition Reports. Before finding
that the allegations of the charging document have been proved, the court may
order an investigation of the personal and family history and environment of
the child and outpatient psychological or chemical dependency evaluations of
the child. The information and recommendations contained in the predisposition
report(s) shall be made known to the child, child's parent(s), legal guardian
or legal custodian before the disposition hearing.
Subd. 2.
Adjudication and Disposition. Within forty-five (45) days from the finding that the
allegations of the charging document are proved, the court shall:
(A) For a
Juvenile Petty Offender. Adjudicate
the child a juvenile petty offender and order a disposition pursuant to
Minnesota Statutes, section 260B.235, subdvisisions 4, 5 and 6.
(B) For a Juvenile
Traffic Offender. Adjudicate the
child a juvenile traffic offender and order a disposition pursuant to Minnesota
Statutes, section 260B.225, subdivision 9.
The order may
be in writing or on the record. If the
order is on the record, the child may request written findings, and the court
shall make and file written findings within seven (7) days of the request.
Subd. 3.
Probation Revocation. Probation revocation proceedings shall be
conducted in the same manner as delinquency probation violation proceedings
pursuant to Rule 15.07 except for the following:
(A) Warrant.
The court may only issue a warrant for immediate custody of a juvenile
petty or juvenile traffic offender if the court finds that there is probable
cause to believe that: the child failed to appear after having been personally
served with a summons or subpoena, reasonable efforts to personally serve the
child have failed, or there is a substantial likelihood that the child will
fail to respond to a summons.
(B) Advisory. Prior to the child admitting or denying the
allegations in the probation violation report, the court shall advise the child
of the following:
(1)
that, at all stages of the proceedings, the child has the right to be
represented by counsel but does not have the right to counsel at public
expense, unless the child is subject to out-of-home placement;
(2)
that, unless waived, a revocation hearing will be commenced to determine
whether there is clear and convincing evidence that the child violated a
dispositional order of the court and whether the court should change the
existing dispositional order because of the violation;
(3)
that before the revocation hearing, all evidence to be used against the child
shall be disclosed to the child and the child shall be provided access to all
official records pertinent to the proceedings;
(4)
that at the hearing, both the prosecuting attorney and the child shall have the
right to offer evidence, present arguments, subpoena witnesses, and call and
cross-examine witnesses, provided, however, that the child may be denied
confrontation by the court when good cause is shown that a substantial risk of
serious harm to others would exist if it were allowed. Additionally, the child shall have the right
at the hearing to present mitigating circumstances or other reasons why the
violation, if proved, should not result in revocation;
(5) that
the child has the right of appeal from the determination of the court following
the revocation hearing.
(C) Violation Proved. If the court finds by clear and convincing
evidence, or the child admits violating the terms of the dispositional order,
the court may order a disposition pursuant to Minnesota Statutes, section
260B.235, subdivisions 4, 5 and 6 for a juvenile petty offender or a
disposition pursuant to Minnesota Statutes, section 260B.225, subdivision 9 for
a juvenile traffic offender.
Subd. 4.
Other Modifications. Other modification proceedings shall be
conducted in the same manner as delinquency modification proceedings pursuant
to Rule 15.08 except that the court may not order a
delinquency disposition. For a juvenile
petty offender, the court may order a disposition pursuant to Minnesota
Statutes, section 260B.235, subdivisions 4, 5 and 6 and for a juvenile traffic
offender, the court may order a disposition pursuant to Minnesota Statutes,
section 260B.225, subdivision 9. The
modification order may be in writing or on the record. If the order is on the record, the child may
request written findings, and the court shall make and file written findings
within seven (7) days of the request.
Rule
17.10 Transfer to Adult Court of
Juvenile Traffic Matter
Subdivision 1. On Motion of Court or Prosecuting Attorney. The court, after
a hearing and on its own motion or on motion of the prosecuting attorney, may
transfer a juvenile traffic offender case to adult court if makes a written
order to transfer which finds that the welfare of the child or public safety
would be better served under the laws relating to adult traffic matters.
Subd. 2.
Method of Transfer. The court shall transfer the case by
forwarding all documents in the court file to adult court together with the
order to transfer.
Subd. 3.
Effect of Transfer. Upon transfer, jurisdiction of the juvenile
court is deemed not to have attached and the adult shall proceed with the case
as if it had never been in juvenile court.
Rule 17.11 Child Incompetent to Proceed
If a child is
believed to be incompetent to proceed, the court may proceed according to Rule 20, direct that civil commitment
proceedings be initiated, direct that Child in Need of Protection or Services
(CHIPS) proceedings be initiated or dismiss the case.
Comment--Rule 17
In 1995, the legislature expanded the
definition of "juvenile petty offense." Pursuant to
(a) a juvenile alcohol offense;
(b) a juvenile controlled substance
offense;
(c) a violation of section 609.685;
(d) a violation of a local ordinance,
which by its terms prohibits conduct by a child under the age of 18 years which
would be lawful conduct if committed by an adult;
(e) an offense, other than a violation of
section 609.224, 609.324, 609.563, 609.576, or 617.23, that would be a
misdemeanor if committed by an adult if:
(1) the child has not been found to
be a juvenile petty offender on more than two prior occasions for a
misdemeanor-level offense;
(2) the child has not previously
been found to be delinquent for a misdemeanor, gross misdemeanor, or felony
offense; or
(3) the county attorney designates
the child on the petition as a juvenile petty offender, notwithstanding the
child's prior record of misdemeanor-level juvenile petty offenses. Minnesota Statutes, section 260.015, subd. 21
(Supp. 1995).
This definition of juvenile petty offense
applied to crimes committed on or after July 1, 1995. 1995
In 1996, the legislature again revised the
definition of "juvenile petty offense." Pursuant to 1996
(a) a juvenile alcohol offense;
(b) a juvenile controlled substance
offense;
(c) a violation of section 609.685;
(d) a violation of local ordinance, which
by its terms prohibits conduct by a child under the age of 18 years which would
be lawful conduct if committed by an adult; and
(e) an offense that would be a misdemeanor
if committed by an adult, except:
(1) a misdemeanor-level violation of
section 588.20, 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or
617.23;
(2) a major traffic offense or an
adult court traffic offense, as described in section 260.193;
(3) a misdemeanor-level offense
committed by a child whom the juvenile court previously has found to have
committed a misdemeanor, gross misdemeanor, or felony offense; or
(4) a misdemeanor-level offense
committed by a child whom the juvenile court has found to have committed a
misdemeanor-level juvenile petty offense on two or more prior occasions, unless
the county attorney designates the child on the petition as a juvenile petty
offender notwithstanding this prior record.
As used in this clause, "misdemeanor-level juvenile petty
offense" included a misdemeanor-level offense that would have been a
juvenile petty offense if it had been committed on or after July 1, 1995. 1996
This definition of juvenile petty offense
applied to crimes committed on or after August 1, 1996. 1996
The legislatures reorganized the law
relating to juvenile delinquency and child protection in 1999. 1999
Minnesota Statutes, section 260B.225,
subd. 2 (2002) provides that the prosecutor may allege the child is delinquent
based upon a traffic offense but the court must find as a further fact that the
child is delinquent within the meaning and purpose of the laws relating to
juvenile court. Such matter shall be
initiated and shall proceed in the same manner as any other delinquency.
At the arraignment, the court may inform
each child of his or her rights and the possible consequences by reading and
having each child sign a sheet outlining those rights. A suggested form for this rights sheet is
included in the appendix of forms, following
these rules.
Minn. R. Juv. Del. P.
17.10 is based on Minnesota Statutes, section 260B.225, subd. 7 (2002),
which provides that the juvenile court may transfer a juvenile traffic offender
case to adult court after a hearing if the juvenile court finds that the
welfare of the child or public safety would be better served under the laws
relating to adult traffic matters.
The right to appeal is set forth in
Rule
18. Certification of Delinquency Matters
Subdivision
1. Generally. This rule is applicable when the prosecutor moves for certification and a
child is alleged to have committed, after becoming fourteen (14) years of age,
an offense that would be a felony if committed by an adult.
Subd. 2.
First Degree Murder Acquisition. The district court has original
and exclusive jurisdiction in criminal proceedings concerning a child alleged
to have committed murder in the first degree after becoming sixteen (16) years
of age. Upon the filing of a complaint
or indictment charging a sixteen (16) or seventeen (17) year old child in adult
proceedings with the offense of first degree murder, juvenile court
jurisdiction terminates for all proceedings arising out of the same behavioral
incident.
Rule 18.02 Initiation of Certification Proceedings of
Delinquency Matters
Subdivision
1. Generally. Proceedings to certify delinquency
matters pursuant to Minnesota Statutes, section 260B.125 may be initiated upon
motion of the prosecuting attorney after a delinquency petition has been
filed. The motion may be made at the
first appearance of the child pursuant to Rules 5 or 7,
or within ten (10) days of the first appearance or before jeopardy attaches,
whichever of the latter two occurs first.
The motion shall be in writing and comply with the provisions of Rule 27, and shall include a statement of
grounds supporting the certification.
Subd.
2. First Degree Murder Accusation. When the delinquency petition that is the
basis for the motion for certification alleges that a child under age sixteen
(16) committed the offense of murder in the first degree, the prosecuting
attorney shall present the case to the grand jury for consideration of an
indictment under Minnesota Statutes, chapter 628 within fourteen (14) days
after the petition is filed.
Rule 18.03 Notice of Certification
Notice of the
initial appearance under Rule 18.05, subdivision 2 together with a copy of the motion
for certification and a copy of the delinquency petition shall be served
pursuant to Rule 25.
Rule 18.04 Certification Study
Subdivision 1. Order.
The court on its own motion or on the motion of the child's counsel or
the prosecuting attorney, may order social, psychiatric, or psychological
studies concerning the child who is the subject of the certification
proceeding.
Subd. 2.
Content of Reports. If the person preparing the report includes a
recommendation on the court's actions: (a) the report shall address each of the
public safety considerations of Rule 18.06,
subdivision 3; and (b) the report shall address all options of the trial court
under Rule 18.07, namely: (i) certification; (ii)
retention of jurisdiction for extended jurisdiction juvenile proceedings; and
(iii) retention of juvenile court jurisdiction in non-presumptive certification
cases.
Subd. 3.
Costs. Preparation costs and
court appearance expenses for person(s) appointed by the court to conduct
studies shall be paid at public expense.
Subd. 4.
Filing and Access to Reports. The person(s) making a study shall file a
written report with the court and provide copies to the prosecuting attorney
and the child's counsel four (4) days, excluding Saturdays, Sundays, and legal
holidays, prior to the time scheduled for the hearing. The court administrator shall not otherwise
disclose the report except by court order.
Subd. 5.
Admissibility. Any matters disclosed by the child to the
examiner during the course of the study may not be used as evidence or the
source of evidence against the child in any subsequent trial.
Subdivision 1. In General.
(A) Limited Public Access. The
court shall exclude the general public from certification hearings and shall
admit only those persons who, in the discretion of the court, have a direct
interest in the case or the work of the court, including victims. The court shall open the hearings to the
public in certification proceedings where the child is alleged to have
committed an offense or has been proven to have committed an offense that would
be a felony if committed by an adult and the child was at least sixteen (16)
years of age at the time of the offense, except that the court may exclude the
public from portions of a certification hearing to consider psychological
material or other evidence that would not be accessible to the public in an
adult proceeding.
(B) Timing.
The certification hearing shall be held within thirty (30) days of the
filing of the certification motion. Only
if good cause is shown by the prosecuting attorney or the child may the court
extend the time for a hearing for another sixty (60) days. Unless the child waives the right to the
scheduling of the hearing within specified time limits, if the hearing is not
commenced within thirty (30) days, or within the extended period ordered
pursuant to this subdivision, the child, except in extraordinary circumstances,
shall be released from custody subject to such nonmonetary release conditions
as may be required by the court under Rule 5.
(C) Waiver. The child may waive the right to a
certification hearing provided that the child does so knowingly, voluntarily,
and intelligently on the record after being fully and effectively informed of
the right to a certification hearing by counsel. In determining whether the child has
knowingly, voluntarily, and intelligently waived this right the court
shall look at the totality of the
circumstances. These circumstances
include but are not limited to: the
presence of the child's parent(s), legal guardian, legal custodian or guardian
ad litem; and the child's age, maturity,
intelligence, education, experience, and ability to comprehend the proceedings
and consequences.
(D) Discovery. The child and prosecuting attorney are
entitled to discovery pursuant to Rule 10.
Subd. 2.
Initial Appearance in Certification Proceeding. At the initial
appearance following the motion for certification the court shall:
(A) verify
the name, age and residence of the child who is the subject of the matter;
(B) determine
whether all necessary persons are present and identify those present for the
record;
(C) appoint
counsel, if not previously appointed;
(D) determine
whether notice requirements have been met and if not whether the affected
persons waive notice;
(E) schedule
further hearings including: a probable
cause hearing, unless waived; the
certification hearing under Rule 18.05, subdivision
4; and a pre‑hearing conference if
requested; and
(F) order
studies pursuant to Rule 18.04, if appropriate.
Subd. 3.
Probable Cause Determination. (A) Timing. Unless waived by the child or based upon an
indictment, a hearing and court determination on the issue of probable cause
shall be completed within fourteen (14) days of filing the certification
motion. The court may, on the record,
extend this time for good cause.
(B) Standard. A showing of probable cause to believe the
child committed the offense alleged by the delinquency petition shall be made
pursuant to Minnesota Rules of Criminal Procedure 11.
(C) Presumption. Upon a finding of probable cause, the court
shall determine whether the presumption for certification under Rule
18.06, subdivision 1 applies.
(D) Waiver.
The child may waive a probable cause hearing and permit a finding of
probable cause without a hearing, provided that the child does so knowingly,
voluntarily, and intelligently on the record after being fully and effectively
informed of the right to a probable cause hearing by counsel.
Subd. 4. Conduct and Procedure for
Certification Hearing. (A) Hearing
Rights. The child's counsel and the
prosecuting attorney shall have the right to:
(1)
present evidence;
(2)
present witnesses;
(3)
cross‑examine witnesses; and
(4)
present arguments for or against certification.
(B) Evidence. All evidence considered by the court on the
certification question shall be made a part of the court record. The court may receive any information, except
privileged communication, that is relevant to the certification issue,
including reliable hearsay and opinions.
(C) Order of Hearing; Presumptive Certification.
(1) The
child's counsel may make an opening statement, confining the statement to the
facts that the child expects to prove.
(2) The
prosecuting attorney may make an opening statement, or may make it immediately
before offering evidence. The statement
shall be confined to the facts expected to be proved.
(3) The child's counsel shall offer
evidence against certification.
(4) The
prosecuting attorney may offer evidence in support of the motion for
certification.
(5) The
child's counsel may offer evidence in rebuttal of the evidence for
certification, and the prosecuting attorney may then offer evidence in rebuttal
of the child's rebuttal evidence. In the
interests of justice, the court may permit either party to offer additional
evidence.
(6) At
the conclusion of the evidence, the prosecuting attorney may make a closing
argument.
(7) The child's counsel may make a
closing argument.
(D) Order of Hearing; Non‑presumptive Certification.
(1) The
prosecuting attorney may make an opening statement, confining the statement to
the facts that the prosecutor expects to prove.
(2) The
child's counsel may make an opening statement, or may make it immediately
before offering evidence. The statement
shall be confined to a statement of the defense and the facts expected to be
proved.
(3) The
prosecuting attorney shall offer evidence in support of certification, or
alternatively, designation as an extended jurisdiction juvenile proceeding.
(4) The
child's counsel may offer evidence in defense of the child.
(5) The
prosecuting attorney may offer evidence in rebuttal of the defense evidence,
and the child's counsel may then offer evidence in rebuttal of the prosecuting
attorney's rebuttal evidence. In the
interests of justice the court may permit either party to offer additional
evidence.
(6) At
the conclusion of the evidence, the prosecuting attorney may make a closing
argument.
(7) The
child's counsel may make a closing argument.
(E) Burdens of Proof. In a presumptive certification hearing under Rule 18.06, subdivision 1, the child shall have the burden to
prove by clear and convincing evidence that retaining the proceeding in
juvenile court serves public safety. In
non‑presumptive certification hearings under Rule 18.06,
subdivision 2, the prosecuting attorney shall have the burden to prove by clear
and convincing evidence that retaining the proceeding in juvenile court does
not serve public safety.
Rule 18.06 Certification Determination
Subdivision 1. Presumption of Certification. Pursuant to
Minnesota Statutes, section 260B.125, subdivision 3, it is presumed that a
child will be certified for action under the laws and court procedures
controlling adult criminal violations if:
(A) the child
was sixteen (16) or seventeen (17) years old at the time of the offense;
(B) the
delinquency petition alleges that the child committed an offense that would
result in a presumptive commitment to prison under the sentencing guidelines
and applicable statutes, or a felony offense in which the child allegedly used
a firearm; and
(C) probable
cause has been determined pursuant to Rule 18.05,
subdivision 3.
The
presumption of certification is overcome if the child demonstrates by clear and
convincing evidence that retaining the proceedings in juvenile court serves
public safety.
Subd. 2.
Non‑presumptive Certification. If there is no presumption of
certification as defined by subdivision 1, the court may order certification
only if the prosecuting attorney has demonstrated by clear and convincing
evidence that retaining the proceeding in juvenile court does not serve public
safety.
Subd. 3. Public Safety. In
determining whether the public safety is served by certifying the matter, or in
designating the proceeding an extended jurisdiction juvenile proceeding, the
court shall consider the following factors:
(A) the
seriousness of the alleged offense in terms of community protection, including
the existence of any aggravating factors recognized by the Minnesota Sentencing
Guidelines, the use of a firearm, and the impact on any victim;
(B) the
culpability of the child in committing the alleged offense, including the level
of the child's participation in planning and carrying out the offense and the
existence of any mitigating factors recognized by the Minnesota Sentencing
Guidelines;
(C) the
child's prior record of delinquency;
(D) the
child's programming history, including the child's past willingness to
participate meaningfully in available programming;
(E) the
adequacy of the punishment or programming available in the juvenile justice
system;
(F) the
dispositional options available for the child.
In
considering these factors, the court shall give greater weight to the
seriousness of the alleged offense and the child's prior record of delinquency
than to the other factors listed in this subdivision.
Subd. 4.
Prior Certification. The court shall order certification in any
felony case if the prosecutor shows that the child was previously prosecuted
and convicted in adult proceedings that were certified pursuant to Minnesota
Statutes, section 260B.125, subdivision 5.
Subd. 5.
Extended Juvenile Court Jurisdiction. (A) Presumptive Certification. If the juvenile court does not order certification
in a presumptive certification case, the court shall designate the proceeding
an extended jurisdiction juvenile prosecution.
(B) Non‑presumptive Certification. If the court does not order certification in
a non-presumptive certification case, the court may consider designating the
proceeding an extended jurisdiction juvenile prosecution. Designation as an extended jurisdiction
juvenile prosecution may only occur if the prosecuting attorney has shown by clear
and convincing evidence that the designation would serve public safety, taking
into account the factors specified in Rule 18.06, subdivision
3. Absent this showing the case shall
proceed as a delinquency proceeding in juvenile court.
(Amended
effective September 1, 2005.)
Subdivision 1. Decision, Timing, and Content of Order
Following Waiver of Certification Hearing and Stipulation to Certification
Order. When a child waives the right to a
certification hearing and stipulates to entry of a certification order, the
court shall, within five (5) days of that hearing, enter an order with written
findings of fact and conclusions of law that state:
(A) that adult court
prosecution is to occur on the alleged offense(s) specified in the certification
order;
(B)
a finding of probable cause in
accordance with Rule 18.05, subdivision 3, unless the
accused was presented by means of an indictment;
(C) findings of fact as
to:
(1) the child’s date of birth; and
(2) the date of the alleged offense; and
(D) if the child is
currently being detained, that:
(1) the child be detained in an adult detention
facility; and
(2) the child be brought before the appropriate court (as determined pursuant to Rule 18.08) without unnecessary delay, and in any event, not more than thirty-six (36) hours after issuance of the certification order, exclusive of the day of issuance, Sundays, or legal holidays, or as soon thereafter as a judge is available.
Subd. 2. Decision, Timing, and Content of Order
Following Contested Hearing. Within
fifteen (15) days of the certification hearing the court shall enter an order
with written findings of fact and conclusions of law as set forth in this
subdivision.
(A) Certification of the Alleged Offense for
Prosecution under the Criminal Laws.
If the court orders a certification for adult prosecution, the order
shall state:
(1)
that adult court prosecution is to occur on the alleged offense(s) specified in
the certification order;
(2) a
finding of probable cause in accordance with Rule 18.05,
subdivision 3 unless the accusation was presented by means of an indictment;
(3) findings of fact as to:
(a)
the child's date of birth;
(b)
the date of the alleged offense;
(c)
why the court upheld the presumption of certification under Rule
18.06, subdivision 1 or, if the presumption of certification does not apply
but the court orders certification, why public safety, as defined in Rule 18.06, subdivision 3, is not served by retaining the
proceeding in juvenile court; and
(4)
if the child is currently being detained, that (a) the child be detained in an
adult detention facility, and (b) the child be brought before the appropriate
court (as determined pursuant to Rule 18.08) without
unnecessary delay, and in any event, not more than thirty-six (36) hours after
issuance of the certification order, exclusive of the day of issuance, Sundays or legal holidays or as
soon thereafter as a judge is available.
(B) Retention of Jurisdiction by Juvenile Court
as an Extended Jurisdiction Juvenile.
(1) If the court does not order certification in a presumptive certification case, the court shall designate the proceeding an extended jurisdiction juvenile prosecution. The order shall state why certification is not ordered with specific reference as to why designation as an extended jurisdiction juvenile prosecution serves public safety under the factors listed in Rule 18.06, subdivision 3.
(2) If the court does not order certification in a non-presumptive certification case, the court may designate the proceeding an extended jurisdiction juvenile prosecution pursuant to Rule 18.06, subdivision 5(B). The order shall state why certification was not ordered and why the proceeding was designated as an extended jurisdiction juvenile prosecution.
If the court
designates the case as an extended jurisdiction juvenile prosecution, the case
shall proceed pursuant to Rule 19.09.
(C) Retention of Jurisdiction by Juvenile Court. If the court does not order certification or
extended jurisdiction juvenile prosecution in a non-presumptive certification
case, the order shall state why certification or extended jurisdiction juvenile
prosecution was not ordered with specific reference to why retention of the
matter in juvenile court serves public safety, considering the factors listed
in Rule 18.06, subdivision 3. Further proceedings shall be held pursuant to
Rule 7.
Subd. 3.
Delay. For good cause, the court may extend the time
period to file its order for an additional fifteen (15) days. If the order is not entered within fifteen
(15) days, or within the extended period ordered by the court pursuant to this
subdivision, the child, except in extraordinary circumstances, shall be
released from custody subject to such nonmonetary release conditions as may be
required by the court under Rule 5.
Subd. 4.
Final Order. Any order issued pursuant to this rule is a
final order.
Subd. 5.
Appeal. An appeal of the
final order pursuant to this rule shall follow the procedure set forth in Rule 21.
(Amended
effective September 1, 2005.)
Rule 18.08 Termination of Jurisdiction upon
Certification
Subdivision 1. Child Not in Detention. Once the court
enters an order certifying a proceeding, the jurisdiction of the juvenile court
terminates immediately over a child who is not then detained in custody. All
subsequent steps in the case are governed by the Minnesota Rules of Criminal
Procedure.
Subd. 2.
Child in Detention. If the child is detained at the time certification
is ordered:
(A) If the
alleged offense was committed in the same county where certification is
ordered, juvenile court jurisdiction terminates immediately and the prosecuting
attorney shall file an appropriate adult criminal complaint at or before the
time of the next appearance of the child that is stated in the certification
order pursuant to Rule 18.07, subdivision 2(A)(4).
(B) If the
alleged offense was committed in a county other than where certification is ordered,
juvenile court jurisdiction terminates in five (5) days or before if the
prosecuting attorney files a complaint as provided under Minnesota Rules of
Criminal Procedure 2. If juvenile court
jurisdiction has terminated under this subsection before an appearance of a
detained child following issuance of an order certifying the case, the
appearance shall constitute a first appearance in criminal proceedings as
provided in the Minnesota Rules of Criminal Procedure. If juvenile court jurisdiction has not terminated by the time a detained juvenile
first appears following issuance of an order certifying, the juvenile court
shall determine conditions of release in accordance with the provisions of
Minnesota Rules of Criminal Procedure 5.05 and 6; for these purposes, the juvenile court
petition shall serve in lieu of a criminal complaint as the charging
instrument.
Subd. 3.
Stay. Notwithstanding the preceding provisions of
subdivision 1 and 2, certification and the termination of juvenile court
jurisdiction may be stayed as provided in Rule 21.03, subdivision 3.
Subdivision
1. General Procedure. A child may
bring a motion to withdraw the waiver of certification hearing and stipulation
to certification order:
(A) within fifteen (15) days of the filing of the order for certification,
upon showing that it is fair and just to do so; or
(B) at any time prior to trial, upon showing that withdrawal is necessary to
correct a manifest injustice.
The
motion shall be made in the juvenile court that entered the certification
order. A motion shall also be filed for
a stay of proceedings in the adult court to which the case was certified.
Subd. 2.
Basis for Motion. The motion shall state with particularity one of the
following bases for granting withdrawal of waiver:
(A) the waiver was not knowingly, voluntarily, and intelligently made;
(B) the child alleges ineffective assistance of counsel; or
(C) withdrawal of waiver is appropriate in the interests of justice.
Subd. 3.
Timing and Effect of Hearing. A hearing shall be held within
fifteen (15) days of the filing of the motion.
Following the hearing, if the court grants the motion to withdraw the
waiver of certification hearing: 1) the court shall vacate the order for
certification, and proceedings will resume in juvenile court pursuant to Rule 18;
and 2) the court shall review the order for custody or conditions of
release. If the court denies the motion
to withdraw the waiver for certification hearing, the certification order shall
remain in effect, and proceedings will resume in adult court.
Pursuant to
(1) the adult was alleged to have
committed an offense before his or her 18th birthday; and
(2) a petition was timely filed under
Much of the text of Minn. R. Juv. Del. P.
18.05, subd. 1(A) is taken from
Minnesota Statutes, section 260B.163 (2002).
The sanction for delay in Minn.
R. Juv. Del. P. 18.05, subd. 1(B) and 18.07, subd. 3
is modeled after
On continuation questions under Minn. R. Juv. Del. P. 18.05, subd. 1(B), the victim should
have input but does not have the right of a party to appear and object.
Most of the waiver language in Minn. R. Juv. Del. P. 18.05, subd. 1(C) is taken from the
1983 version of
Minn. R. Juv. Del. P.
18.05, subd. 2(B) requires a determination on appearances of necessary persons. Under
Much of the content of Minn.
R. Juv. Del. P. 18.05, subd. 3 is modeled after
Minn. R. Juv. Del. P.
18.05, subd. 3 and 18.07, subd. 2(A)(2) eliminate the
need for a probable cause finding when a delinquency accusation is presented by
an indictment. Accusation by indictment
is uncommon, but might occur more often as the result of grand jury proceedings
conducted after 1994 statutory amendments on the question of whether a juvenile
is to be accused of first degree murder in adult proceedings. See
When a child waives probable cause solely
for the purpose of certification, that waiver does not preclude the child from
litigating probable cause in a subsequent prosecution on the underlying
offense.
Following presentation of evidence by the
party with the burden of proof under Minn. R. Juv. Del. P. 18.05,
subd. 4(C) or (D), the adverse party may move the court for directed relief on
the grounds that the burden of proof has not been met by the evidence
presented.
The determination under Minn.
R. Juv. Del. P. 18.06, subd. 1 whether an offense would result in a
presumptive commitment to prison under the
Under
Under
Minn. R. Juv. Del. P.
18.02, subd. 2 repeats the procedural requirement stated in
Rule 18 previously contained a provision
that allowed jail credit for time spent in custody in connection with the
offense or behavioral incident on which further proceedings are to occur. See
References in this rule to “child’s
counsel” include the child who is proceeding pro se. Minn. R. Juv. Del. P. 1.01.
Rule
19. Extended Jurisdiction Juvenile Proceedings and Prosecution
Rule 19.01 Initiation of Extended Jurisdiction Juvenile
Proceedings
and Prosecution
Subdivision 1. Authority. Extended jurisdiction juvenile
prosecutions are initiated pursuant to Minnesota Statutes, sections 260B.125
and 260B.130, Rule 18.06, subdivisions 5(A) and (B), and Rule 19.
Subd. 2.
Definitions.
(A)
"Extended jurisdiction juvenile" is a child who has been given a
stayed adult criminal sentence, a disposition under Minnesota Statutes, section
260B.198 and for whom jurisdiction of the juvenile court may continue until the
child's twenty-first (21st) birthday.
(B)
"Extended jurisdiction juvenile proceeding" includes the process to
determine whether a child should be prosecuted as an extended jurisdiction
juvenile. Extended jurisdiction juvenile
proceedings may be initiated pursuant to Rule 19.01, subdivisions 3 and 4.
(C)
"Extended jurisdiction juvenile prosecution" includes the trial,
disposition, and subsequent proceedings after the determination that a child
should be prosecuted as an extended jurisdiction juvenile. Extended jurisdiction juvenile prosecutions
may be initiated pursuant to Rule 19.06.
Subd. 3.
Designation by Prosecuting Attorney. The court shall commence an
extended jurisdiction juvenile proceeding when a delinquency petition filed
pursuant to Rule 6:
(A) alleges a
felony offense committed after the child's sixteenth (16th) birthday and would,
if committed by an adult, be a presumptive commitment to prison under the
sentencing guidelines and applicable statutes, or a felony offense in which the
child allegedly used a firearm; and
(B) the
prosecuting attorney designates on the petition that the case should be an
extended jurisdiction juvenile prosecution.
This
designation may be made at the time the petition is filed, and may be withdrawn
by the prosecuting attorney any time before jeopardy attaches.
Subd. 4.
Motion by Prosecuting Attorney. The prosecuting attorney may make a written
motion pursuant to this Rule to have the court commence an extended
jurisdiction juvenile proceeding when a delinquency petition has been filed
pursuant to Rule 6 alleging a felony offense
committed after the child's fourteenth (14th) birthday. The motion may be made at the first
appearance on the delinquency petition, or within ten (10) days after the first
appearance pursuant to Rules 5 and 7 or before jeopardy attaches, whichever
of the later two occurs first.
Rule 19.02 Notice of the Extended Jurisdiction Juvenile
Proceeding
A notice of
the initial appearance under Rule 19.04, subdivision 2, together with
a copy of the petition and designation, or a copy of the motion and petition,
shall be served pursuant to Rule 25.
Rule 19.03 Extended Jurisdiction Juvenile Study
Subdivision 1. Order. The court on its own motion or on the motion
of the child's counsel or the prosecuting attorney, may order social,
psychiatric, or psychological studies concerning the child who is the subject
of the extended jurisdiction juvenile
proceeding.
Subd. 2.
Content of Reports. If study reports include a recommendation on
the court's actions, the report shall address each of the public safety
considerations of Rule 19.05.
Subd. 3.
Costs. Preparation costs and court appearance
expenses for the person(s) appointed by the court to conduct studies shall be
paid at public expense.
Subd. 4.
Filing and Access to Reports. The person(s) making a study shall file a
written report with the court and provide copies to the prosecuting attorney
and the child's counsel four (4) days, excluding Saturdays, Sundays, and legal
holidays, days prior to the time scheduled for the hearing. The court administrator shall not otherwise
disclose the report except by court order.
Subd. 5.
Admissibility of Study. Any matters disclosed by the child to the
examiner during the course of the study may not be used as evidence or the
source of evidence against the child in any subsequent trial.
(Amended
effective September 1, 2005.)
Rule 19.04 Hearings on Extended Jurisdiction Juvenile
Proceedings
Subdivision 1. In General.
(A)
Limited Public Access. The court shall exclude the general public
from extended jurisdiction juvenile proceedings and shall admit only those
persons who, in the discretion of the court, have a direct interest in the case
or the work of the court including victims.
The court shall open the hearings to the public in extended jurisdiction
juvenile proceedings where the child is alleged to have committed an offense or
has been proven to have committed an offense that would be a felony if
committed by an adult and the child was at least sixteen (16) years of age at
the time of the offense, except that the court may exclude the public from
portions of a extended jurisdiction juvenile proceedings hearing to consider
psychological material or other evidence that would not be accessible to the public
in an adult proceeding.
(B) Timing. The contested hearing to determine whether the matter will be an extended jurisdiction juvenile prosecution shall be held within thirty (30) days of the filing of the extended jurisdiction juvenile proceeding motion.
Only if good cause is shown by the
prosecuting attorney or the child may the court extend the time for the
contested hearing for up to an additional sixty (60) days.
(C) Waiver.
The child may waive the right to an extended jurisdiction juvenile proceeding
hearing provided that the child does so knowingly, voluntarily, and
intelligently on the record after being fully and effectively informed of all
rights by counsel. In determining
whether the child has knowingly, voluntarily, and intelligently waived this
right the court shall look at the totality of the circumstances. These circumstances include but are not
limited to: the presence of the child's
parent(s), legal guardian, legal custodian or guardian ad litem, the child's
age, maturity, intelligence, education, experience, and ability to comprehend
the proceedings and consequences.
(D) Discovery. The child and prosecuting attorney are
entitled to discovery pursuant to Rule 10.
Subd.
2. Initial Appearance and Probable Cause
Determination.
(A)
Timing. Unless waived by the child, or based upon an
indictment, an initial appearance and court determination on the issue of
probable cause shall be completed within fourteen (14) days of the filing of
the petition designating an extended jurisdictional juvenile proceeding or the
filing of the extended jurisdictional juvenile proceedings motion. The court may, on the record, extend this
time for good cause.
(B)
At the initial appearance hearing, the court shall:
(1)
verify the name, age, race, and residence of the child who is the
subject of the matter;
(2) determine whether all necessary
persons are present, and identify those persons for the record;
(3) appoint counsel if not
previously appointed;
(4) determine whether notice
requirements have been met and if not whether the affected persons waive
notice;
(5) schedule further hearings
including: a probable cause hearing, unless waived; the contested hearing
required by Rule
19.04, subdivision 3; and a pre-hearing conference if requested; and
(6) order studies pursuant to Rule
19.03, if appropriate.
(C)
Offense Probable Cause. A showing of probable cause to believe that
the child committed the offense alleged by the delinquency petition shall be
made pursuant to Minnesota Rules of Criminal Procedure 11.
(D) Designation Probable Cause. If the prosecuting attorney has designated
the proceeding an extended jurisdiction juvenile proceeding pursuant to Rule 19.01, subdivision 3 and the court finds that:
(1) probable cause exists for an
offense that, if committed by an adult, would be a presumptive commitment to
prison under the Sentencing Guidelines and applicable statutes or alleges a
felony offense in which the child allegedly used a firearm; and
(2) the child was at least sixteen
(16) years old at the time of the offense, the court shall order that the
matter proceed as an extended jurisdiction juvenile prosecution pursuant to Rule 19.09.
(E)
Waiver. The child may waive a probable cause hearing
and permit a finding of probable cause without a hearing, provided that the
child does so knowingly, voluntarily, and intelligently on the record after
being fully and effectively informed of the right to a probable cause hearing
by counsel.
Subd. 3.
Conduct and Procedure for Extended Jurisdiction Juvenile Proceeding Contested
Hearing.
(A) Hearing Rights. The child's counsel and the prosecuting
attorney shall have the right to:
(1) present evidence;
(2) present witnesses;
(3) cross‑examine witnesses;
and
(4) present arguments for or against
extended jurisdiction juvenile prosecution.
(B) Evidence. All evidence considered by the court on the
extended juvenile jurisdiction question shall be made a part of the court
record. The court may receive any
information, except privileged communication, that is relevant to the issue of
extended jurisdiction juvenile prosecution, including reliable hearsay and
opinions.
(C) Order of Hearing.
(1) The prosecuting attorney may make an opening statement, confining the statement to the facts expected to be proved.
(2) The
child's counsel may make an opening statement, or may make it immediately
before offering evidence. The statement
shall be confined to a statement of the defense and the facts expected to be
proved.
(3) The
prosecuting attorney shall offer evidence in support of extended jurisdiction
juvenile prosecution.
(4) The child's counsel may offer
evidence on behalf of the child.
(5) The
prosecuting attorney may offer evidence in rebuttal of the defense evidence,
and the child's counsel may then offer evidence in response to the prosecuting
attorney's rebuttal evidence. In the
interests of justice the court may permit either party to offer additional
evidence.
(6) At
the conclusion of the evidence, the prosecuting attorney may make a closing
argument.
(7) The child's counsel may make a
closing argument.
(D) Burdens of Proof. The prosecuting attorney shall prove by clear
and convincing evidence that the case meets the criteria for extended
jurisdiction juvenile prosecution, pursuant to Rule 19.05.
Rule 19.05 Public Safety Determination
In
determining whether public safety would be served, the court shall take into
account the following factors:
(A) the
seriousness of the alleged offense in terms of community protection, including
the existence of any aggravating factors recognized by the Minnesota Sentencing
Guidelines, the use of a firearm, and the impact on the victim;
(B) the
culpability of the child in committing the alleged offense, including the level
of the child's participation in planning and carrying out the offense and the
existence of any mitigating factors recognized by the Minnesota Sentencing Guidelines;
(C) the
child's prior record of delinquency;
(D) the
child's programming history, including the child's past willingness to
participate meaningfully in available programming;
(E) the
adequacy of the punishment or programming available in the juvenile justice
system; and
(F) the
dispositional options available for the child.
In
considering these factors, the court shall give greater weight to the
seriousness of the alleged offense and the child's prior record of delinquency
than to the other factors listed in this subdivision.
Rule 19.06 Extended Jurisdiction Juvenile Prosecution
Determination
Subdivision
1. Extended Jurisdiction Juvenile
Prosecution Required. The court shall designate the proceeding an
extended jurisdiction juvenile prosecution:
(A) following a motion for certification in a
presumptive certification case pursuant to Minnesota Statutes, section
260B.125, subdivision 3:
(1) when the court finds, after a contested
hearing pursuant to Rule 18.05, that the child has shown
by clear and convincing evidence that retaining the proceeding in juvenile
court serves public safety pursuant to Rule 18.06,
subdivision 3; or
(2) when the parties agree that extended
jurisdiction juvenile prosecution is appropriate; or
(B) following designation by the prosecuting
attorney and findings by the court pursuant to Rule 19.04,
subdivision 2(D).
&nb