An Overview of Juvenile Procedure in Arizona
Significance of rules and procedures are important to all areas of law. A procedure is designed to ensure that the process of the legal system functions with clarity and fairness. Special procedures have been established for juvenile courts to recognize the unique nature of these cases and to extend protections to the minor children involved. The juvenile procedure goes through the same basic progression as most civil or criminal law procedures. The specific procedures and rules of juvenile court are established in Arizona under Arizona Revised Statutes Title 8. The specific juvenile procedure rules address things like commencement of action, appointment of counsel, pre-trial procedures, trial procedures, remedies and appeals. Additional procedural rules are established by the Supreme Court of Arizona. These judicial rule are used to further standardize juvenile procedure across the state. Each trial court may also establish rules, so in some cases local courts have additional specialized rules for juvenile procedure.
Arizona’s rules of procedure are extensive and encompass everything from how a juvenile case proceeds through the court system to what rights minors have in the proceedings, how long a trial may last, how to file specific motions, how a defendant may withdraw a plea, what constitutes contempt, and the right to be present during proceedings . The ARS Title 8 rules regarding juvenile proceedings are distinct from many of the civil or criminal procedure rules. Juvenile courts are established to handle cases involving family issues, guardianships or foster care obligations. The goal of juvenile law is not punishing a juvenile for illegal acts, but to explore alternatives and try to determine the best solutions to help reduce the minor’s chances of getting into trouble again in the future. This is an entirely different approach than most adult court procedures, which focus on punishing people who break the law.
There are a number of areas where juvenile procedures differ from other court proceedings. Juveniles have the right to counsel, but no right to a jury trial. If a juvenile seeks to represent themselves (pro per), the minor must be 18 years of age. The prosecutor and the clerk of the court must explain the proceedings to the juvenile before court hearings begin. Juveniles must be present at their trial (with some exceptions), while most civil cases allow one or more of the parties to be absent and let their attorneys handle the proceedings. In Phoenix juvenile court there are specially trained deputy probation officers who usually handle these cases. However, in the rest of Maricopa County juvenile cases are heard by a family commissioner or another judge. Trials are in front of a judge without a jury and the trial may not be open to the public.
Basic Tenets of Arizona’s Juvenile Procedure
Arizona’s juvenile procedure is based on several key principles that guide the legal process for minors. Among these principles is the aim of rehabilitation through the court system whenever possible. The court seeks to rehabilitate the minor and return them to a position of status in society.
A basic tenet of the juvenile statute is: if a crime is committed by a minor, the minor will be given the chance to rehabilitate their behavior before facing legal penalties. Every juvenile justice matter is taken on a "case by case" basis. The situation is evaluated based on the facts of the case and the specific situation of the minor involved. The court keeps in mind that behind every situation is a child who merits being saved and rehabilitated.
A second key principle of Arizona’s juvenile procedure is the right of the minor to avoid all legal processes available to an adult person facing criminal charges. Alleged juvenile offenders are not treated as adults; any legal penalties suffered do not include incarceration in the jail, for example. Instead, the goal is rehabilitation. The juvenile is returned to his or her parent or guardian for rehabilitation.
The juvenile approach with regard to juvenile offenders entails manners of dealing with the situation of the criminal matter other than through incarceration or with traditional "legal sanctions". This can include counseling, rehabilitation, detention, community service, probation, and/or restitution fees for any victims involved. Incarceration is used as a last resort.
Arizona’s Juvenile Court Process Overview
From the moment law enforcement picks up a kid for an alleged incident and begins to investigate the alleged crime, the intervening time is a judicially controlled process-1. Arrest. This is where the law enforcement officer makes contact with the minor and begins the investigation. The officer will fill out a police report, take an action, i.e. release the minor (for certain offenses), issue a citation (i.e. ticket), or arrest them. Depending on the nature of the offense, the police will then move forward with the investigation. If it is a serious felony, the officer may grant a juvenile diversion program or take the minor to Juvenile Court for an interview.
- Initial Appearance. After the juvenile is arrested, he or she will be taken to court for an initial appearance if the crime is considered More Serious than a Status Offense. At this hearing, the juvenile is formally advised of the charges; rights are provided, i.e. right to an attorney, and if eligible at the time of arrest, a public defender will be appointed.
- Detention Hearing. If the juvenile was arrested and detained at the time of the arrest, he/she will be taken to court for a detention hearing. During this hearing, the Judge will advise the family of the charges and advise them of their rights. The Judge will assess the family and circumstances at home to determine if the child should continue to be in custody or released. Often, the Judge orders the juvenile to home detention, i.e. electronic monitor, but there are other forms of detention. It is important to be aware that an attorney should be present or requested prior to the detention hearing. A detention order is an order that should be discussed with an attorney prior to the detention hearing. The attorney can request the JPO Officer submit a recommendation to the court detailing the legal reasons why the offender should or should not be detained. Otherwise, the Judge may make the decision based upon the advisory written by the JPO officer without additional argument of counsel.
- Pretextual Contact. Once the minor and/or family meets with the probation officer for the initial intake, the probation officer will determine if the case should be handled informally or formally in juvenile court. If the minor is to be handled informally, the probation officer will then sign a diversion agreement and give the minor and family a copy. The officer may also sign the minor up for several diversion programs. If the minor is to be formally filed with the court; the officer will take the case to the attorney general’s office to file a formal delinquent petition with the court. If the juvenile is determined to not be in need of detention or supervision, the officer will refer the matter back to the investigation unit for an informal diversion.
- Informal Probation Determination. The informal probation will last only as long as the probation officer determines necessary. You may be required to report back to the officer every so often, attend counseling, or other rehabilitation programs. Your probation officer will keep record of compliance with the agreement and the matter will be brought before a judge if the juvenile fails to comply with all terms of the agreement.
- Formal Probation Determination. If the matter is filed officially with the court, a delinquent petition will be filed in the Juvenile Court alleging delinquent acts (i.e. violations of law). A court date will be provided to the family via mail. If the minor is going to be charged with committing a delinquent act, the attorney general will file formal charges and the court will set a date for the matter to be formally litigated. The parties will be notified of the charge and the date of the hearing. The juvenile will be required to appear at all hearings unless excused by the court. The prosecution may file a motion or request that the minor be detained or put on intensive probation. At the hearing, the court will hear the evidence and determine if the minor committed the alleged offenses. If the juvenile pleads or is found guilty, the judge will determine what sentence to impose. The options include: a. Probation; b. Commitment to the Department of Juvenile Corrections; c. Fines; d. Community service; e. Restitution; and f. Counseling.
Representation of Minors
Under Arizona law, a minor may be represented by an attorney in any matter. In practice, however, this does not normally occur because juvenile-related legal matters are frequently heard by referees and commissioners rather than judges, and the appointment of counsel for minors in juvenile matters is not required. As compared to family law or probate matters, the procedural rules in juvenile matters are somewhat informal and while appointment of counsel may be requested so that a minor may be represented by an attorney of his or her own choosing, in practice if a Court appoints counsel for a minor the court generally advises counsel that the role is not one of representation, but of being a "friend of the court." The role of the attorney assigned by the Court is therefore entirely discretionary and it is possible that the minor may be interviewed by the Court alone or may have a different attorney advocate for them.
While the interpretation of the law may seem somewhat disjointed when applied outside of the context of the rules of family law where most minors are represented by the same counsel as their parents, the role of legal counsel for a minor is vital to ensure that the minor’s constitutional rights are addressed. The right to counsel is a component of the due process rights guaranteed by the 14th Amendment to the United States Constitution. The state has a duty to protect the welfare of a minor, and where a minor’s interests may conflict with those of their parents, the state will strive to protect those interests. In addition to the welfare considerations of the juvenile, there are certain rights guaranteed to the parent that are also at issue when a petition is filed alleging dependency or permissive intervention.
The major role served by the attorney representing the minor is to protect the minor’s interests while at the same time respecting the parent’s constitutional rights. The attorney must work to advocate on behalf of the child where the child’s best interests are not aligned with the parents and act as the intermediary between the State and parent. The role requires careful consideration of the relationship and the most effective means of communication with the minor to address the minor’s best interests.
The juvenile court exercises its authority by relying on the Federal and State constitutions to define juvenile rights and procedures. The court is governed by the statutory framework established by the AZ Legislature as well as the Rules of Procedure for the Juvenile Court. To the extent the statute and Rules of Procedure are silent, the Court has the discretion to interpret and implement the law within the bounds of the Federal and State Constitution. Case law addressing juvenile proceedings is sparse, however the federal courts and the Arizona Supreme Court has made a number of broad pronouncements that serve to define the rights of a minor in any proceeding; these include the rights to:
By way of example, in Felder v. Johnson the US Supreme Court held that clear due process protections are required for any adjudication of abuse and neglect and establish certain fundamental rights, including the right to counsel, the right to meaningful assistance of counsel, the right to confront and cross-examine witnesses, the right to remain silent, the right to testify on one’s own behalf, the right to present evidence on one’s own behalf, and the right to a fair and impartial hearing.
Detention and Diversions
Arizona’s Rules of Juvenile Procedure place several restrictions and requirements on the detention of juveniles prior to their hearing on charges that have been filed against them. Juveniles need to be brought before a judicial officer within 24 hours of their arrest and, absent grounds for extended detention, the juvenile must be released. Additionally, juveniles cannot be held in detention without probable cause. Arizona has established the analysis or assessment of the juvenile and their background (in addition to the nature of the alleged offense) as the primary method for determining a disposition for that juvenile . In this manner, Arizona’s juvenile laws are focused on providing rehabilitation and treatment to the juvenile so that he or she can avoid recidivism once they have been released from custody. The options that are available to law enforcement officers and the Court when it comes to disposition of a juvenile who has been charged with a crime are detention, diversion, probation, and commitment. Diversion and probation are handled through the court system while detention and commitment are generally utilized by law enforcement and the juvenile justice system. In addition to those options, Arizona recognizes programs such as drug courts, youth courts, and family counseling programs that can be an alternative to "traditional" juvenile justice dispositions.
Care of the Child during Interrogation
As a part of the "Notice to Juveniles" provided in Rule 16 of the Arizona Rules of Juvenile Procedure, police officers must inform a juvenile of three specific protections:
- The right of the juvenile to have a parent or responsible adult (who is not a victim or witness to the alleged offense) present during any interrogation;
- The protection of the juvenile from corporal punishment or physical violence by the police; and
- The right of the juvenile to an attorney prior to any questioning by the police (which right requires an initial determination that the juvenile is competent to waive the right to counsel).
As a substantive component of this rule, Rule 17 provides the specific conditions under which police may interrogate a juvenile in Arizona. Rule 17(a) requires the officer to inform the parent, guardian or custodian of the juvenile (who is presumed to be present and available) of his/her right to have the child brought before the court within 24 hours after arrest. Rule 17(b) requires the officer to inform the juvenile as soon as reasonably possible of the right to have an attorney present. Rule 17(c) provides that the juvenile must be given Miranda warnings in fact, as opposed to in substance or form.
It is important to note that, unlike many other aspects of the Rules of Juvenile Procedure (discussed elsewhere in this article), the parent is included in proceedings where the "Notice to Juveniles" was not properly provided.
Arizona’s Juvenile Law Recent Changes and Updates
In 2018, the Arizona Supreme Court approved the creation of several new forms and revisions to existing ones for the AOC’s Juvenile Court Programs page.
Most of the changes were implemented to bring the process in line with the recent changes to the Juvenile Court Rules, effective January 1, 2018. Those revisions include:
— Preamble, Rule 1, 18A A.R.S.
— Rule 20, 19A A.R.S.
— Rule 21, 20A A.R.S.
— Rule 22, 21A A.R.S.
— Rule 23, 22A A.R.S.
— Rule 24, 23A A.R.S.
— Rule 26, 25A A.R.S.
— Rule 36, 32A A.R.S.
— Rule 49, 39A A.R.S.
— Rule 54, 52A A.R.S.
— Rule 58, 55A A.R.S.
— Rule 63, 55A A.R.S.
Section B1, "Pre-Disposition Reports" includes a new "Department of Child Safety Abuse and Neglect Report" form (F087-3) that will be used in delinquency and dependency proceedings. This form will allow the DCS to provide information relating to child abuse and neglect in juvenile court hearings.
Section D, "Petitions and Related Matters" now includes a new "Arrest Report – Update" form (F087-5) that is to be used in traffic cases where a person has been cited but not arrested. In these cases, the police will use the new arrest report update form in lieu of the existing arrest report used when a person has been arrested on a warrant or on an offense.
The new Juvenile Courts programs forms are available on the AOC’s Data and Forms webpage under "Juvenile Court Programs".
Arizona’s Juvenile Procedure Misconceptions
There are a number common misunderstandings about the rules of juvenile procedure in Arizona. The juvenile system is traditionally thought of as very informal with a high degree of leeway for judges and those involved in the case to exercise their own judgment. In fact, while the CDAC (court designated agency) and other probation employees have latitude in how each case is handled, there are in fact many very strict procedures in place which must be followed and which are typically established by statute or the Arizona juvenile rules. One of the most common misunderstandings I see in juvenile cases is that there can only be a finding of Delinquent Conduct (akin to Guilty) entered in the case where there is a conviction for a felony offense. In fact, as defined by Arizona law, Delinquent Conduct also includes conduct which itself is not a criminal offense , but involves a finding that is equivalent to a judgment of guilt such as involved in a First Offense DUI conviction where the juvenile enters a treatment program in order to avoid conviction. Of course, conduct which is a matter of a simple misdemeanor (such as a battery charge) typically results in a conviction on the subject offense. Again, a finding of Delinquent Conduct may be entered in that case as well. The important thing to remember however, is that even though some things may seem like they require a great deal of legal formality (many times with a good amount of discretion by the officers and probationary personnel), the fact of a finding of delinquent conduct generally requires a greater degree of specific reporting and procedures for further hearings than many people might realize. It is therefore very important for any juvenile charged with an offense in Arizona to consult a qualified juvenile defense attorney to ensure that this important aspect of the law is complied with.
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