TEEN COURT TRIAL MODELS and SCHOOL REFERRALS
MIKE MULLEN COLLEGE STATION TEEN COURT [email protected]
SUSAN WOLF FORT WORTH TEEN COURT [email protected] 817-392-8681
WHAT IS TEEN COURT?
A legally binding alternative disposition Offers juvenile offenders an opportunity to make restitution for their offense(s) in a constructive manner. Every Teen Court program is different Sentences issued by a Teen Court can include community service, jury terms, educational classes, essays, impact panels, and other requirements.
WHAT IS TEEN COURT
Traditionally, a juvenile case is argued by a teen prosecuting and teen defense attorney.
A jury of the defendant’s peers deliberates and decides on a binding punishment for the defendant.
If the defendant successfully completes the sentence within the 90 days FROM the Teen Court date the case is dismissed and does not show up on their record.
Teen Courts can be managed by non-profit boards, cities, counties, or non-profit agencies.
1 TEEN COURT LEADERSHIP
Dedicated staff from the City, County, or agency
Teen volunteers from public, private and home based schools
Adult volunteers from universities, colleges, law schools, Young Lawyers Associations, Bar Associations, Junior Leagues and the community
THE JURY PANEL
The jury panel can consist of: Past defendants Teen Attorneys Volunteer teens Or all of the above
JURY ASSIGNMENTS-
There are several ways to seat a jury panel 1. Random Assignments Before each trial, judge may replace jurors that attend the same school or have an association with defendant (if possible)
Before trial begins-Defendant is asked by Judge- ”Do you know, recognize, or have any issue with any of the panel members?” If yes, replace juror or jury
2 JURY ASSIGNMENTS
2. Teen Attorneys look at jury list and make “strikes” Many prosecutors do not want immediate past defendants on their jury panels
3. Voir Dire--Defendant and attorneys question jury panel and determine panel members (time consuming process)
TRIAL MODELS
No one trial model is the “correct” way of processing cases. Each court will need to determine the model or models that best suits their needs
All but one of these models have youth volunteers determining the community service hours
TYPES OF TRIALS
Adult Judge Court
Teen/Peer Judge Court
Master Jury
Tribunal/Peer Jury
Advocate Court
Plea in Bar
Court Supervised
3 JURY TRIAL-ADULT JUDGE
Adult judge/attorney/volunteer on the bench
Volunteer teen prosecuting attorneys representing the State/City/County
Volunteer teen defense attorneys representing the defendant
Six teen jurors listen to the case, deliberate and determine community service hours
TRIAL COURT ADULT JUDGE
TEEN/PEER JUDGE TRIAL
Teen/Peer on the bench as the judge
Volunteer teen prosecuting attorneys representing the State and the City/County
Volunteer teen defense attorneys representing the defendant
Six teen jurors listen to the case, deliberate and determine community service hours
Adult facilitator
4 MASTER JURY
Adult/Teen Attorney facilitator
Six member teen jury
The defendant pleads their case in front of a six member teen jury panel
The jury panel questions the defendant
Panel decides on community service hours
5 TRIBUNAL PANEL/JURY
Adult/Teen Attorney facilitator
Three member teen jury panel
The defendant pleads their case in front of the three member teen panel
The panel questions the defendant
Panel decides on community service hours
TRIBUNAL COURT
TRIBUNAL COURT
6 ATTORNEY PLEA
One teen prosecuting attorney One teen defense attorney Adult facilitator The defense and prosecuting attorneys meet privately with the defendant and parent to discuss the case and agree on appropriate community service hours for the defendant.
ATTORNEY PLEA
ADVOCATE COURT
Advocate court allows a teen defense attorney and teen prosecuting attorney plead the defendant’s case before a judge or a 3 to 6 member panel. The Judge or panel question the defendant and attorney before deciding on community service hours.
7 COURT SUPERVISED/ALTERNATIVE PROGRAMS 10-12 year old or special needs defendants • Challenge finding community service agencies • Option of participating in any of several classes offered by various agencies in the area or online classes • No/or low cost programs are six-eight hours and could include counseling
Check your area for alternative programs and classes suitable for your younger teens
TEEN ATTORNEY TRAINING
All of our attorneys go through a training program Each teen attorney learns at their own pace. Some understand and are ready to try cases within a couple of sessions Others need more training and time Training can be all day or a couple of hours for 2 or 3 days
TEEN ATTORNEY TRAINING All teen courts have their own style of teen attorney training-One example—
1. Part One-Initial training- procedures understanding offense reports opening and closing statements 2. Parts Two and Three- In depth training to further enhance skills- analyzing offense reports interviewing skills objections presenting evidence questioning techniques body language mock trials 3. Placed on a tribunal and trial jury panel
8 TEEN ATTORNEY TRAINING
4. Partner them with an existing attorney 5. Try their own case alone or with partner 6. Ongoing training throughout the year
Teen Attorney Training
FORT WORTH TEEN COURT DISPOSITION/COMMUNITY SERVICE GRID
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FORT WORTH TEEN COURT DISPOSITION/COMMUNITY SERVICE GRID
CLASS III--Community Service: 24-38 Hours Jury Terms: 2
No Operator’s license/No Insurance Child Safety Seat, Curfew/Park Curfew Speeding 16-24 MPH over speed limit Speeding-SZ/Const-1-15 MPH over limit Attempted Criminal Trespass, Disorderly Conduct-Language
CLASS IV--Community Service: 38-50 Hours Jury Terms: 2
Speeding 25+ MPH over + Speeding-SZ/Const-16+ MPH over Passing school bus/emergency vehicle + DSC Cell phone use in school zone, Accident violations Most non-traffic violations such as: Theft, Criminal Mischief, Truancy, Public Intoxication, Assault, Disorderly Conduct, MIP, MIC, Fireworks, Disruption of Trans, Discharge Air Gun, Possession Drug Paraphernalia, Disruption of Class
THANKING OUR WONDERFUL VOLUNTEERS
DON’T PANIC!!!
10 HELP IS CLOSE BY
Teen Court Association of Texas has a “How to Start a Teen Court” training manual
Most of the training (teen and adult) manuals and enrollment information is available from other Teen Courts happy to share their information
All you need to do is modify the information to fit the needs of your court
PLUS
Teen Court staff are always willing to answer your questions.
A Teen Court list is available on the Teen Court Association of Texas website Txteencourt.com
YOU CAN DO IT!
11 SCHOOL REFERRALS TO TEEN COURT
SCHOOL REFERRALS
• Teen Court Article 45.052 CCP (a) (3) …or is recommended to attend the program by a school employee under Section 37.146 Education Code • Education Code 37.146 2(c) (c) A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program
WHY SCHOOL REFERRALS
Provides schools with opportunities to hold students accountable for their actions.
Offender is given the message that other students in the school are committed to helping them succeed.
May be used as a “first level” punishment in lieu of an alternative school
School Infractions and/or truant behavior can be referred to Teen Court
12 BENEFITS
Accountability Positive peer influence Skill development Develop decision making skills Youth empowerment School/Community involvement Develop work and social skills Gain knowledge of the courts system Work in cooperation with adults and youth.
PROCESS FOR SCHOOL REFERRALS
Meet with school discipline staff for referrals of school infractions
Determine the types of school infractions that are suitable for Teen Court (Dress Code, Tardiness, Dis of Class, Theft)
Create a referral form
SCHOOL REFERRALS
Determine who on the school staff will make the referral
Determine sentencing grid
Determine length of time to complete the community service (remember- schools only have a limited timeframe)
13 SAMPLE PROCEDURE
1. Student presented to school discipline staff
2. Defendant admits to the offense and requests or agrees to the Teen Court program
3. Defendant is brought before the Teen Court panel 4. Panel determines appropriate punishment
SAMPLE PROCEDURE
5. Defendant given a specific date to complete the requirements
6. When the requirements are completed the Teen Court coordinator notifies the school
7. The infraction is dismissed
8. If defendant does not complete the community service the case is referred back to the school referral personnel for further discipline
TRUANCY
14 TRUANCY
Truancy 25.0915 Education Code
The school district shall adopt truancy prevention measures designed to… (2)…refer the student to counseling, mediation, mentoring, a teen court program…
TRUANCY REFERRALS
• Work with the school attendance and/or truancy officers to determine the types of cases to be referred to Teen Court
• Determine the community service grid (may or may not be the same as your court community service grid)
• Determine the types of community service allowed. Tutoring, at the home school only, essays, etc.
TRUANCY
• Determine the amount of time allowed to complete the community service (remember-schools have a limited timeframe)
• Create a referral form
• Create a truancy specific timesheet
15 PUNISHMENT
Appropriate punishment could be a combination of the following: Community service at the school or neighborhood Tutoring Essay Book report Term paper Letter(s) of apology
Sample Procedures-Truancy
1. School or Judge offers Teen Court to the student
2. Student agrees to attend Teen Court for truancy case
3. Defendant is brought before the Teen Court panel
4. Panel determines appropriate punishment
5. Defendant given a specific date to complete the requirements
Sample Procedures-Truancy
6. When the requirements are completed the Teen Court coordinator notifies the school attendance officer or Judge of compliance
7. The attendance case is not filed at the court or if the Judge orders Teen Court the Judge will dismiss the case
8. If defendant does not complete the community service the case is referred back to the school or court for further discipline
16 HELP IS ALWAYS AVAILABLE
Texas Teen Court Coordinators
2018-2019 TEEN COURT ASOCIATION OF TEXAS, INC. BOARD OF DIRECTORS Dana Faulk-Metroport Teen Court Rebecca Grisham-Odessa Teen Court Rachel Castro-Irving Teen Court Mike Mullen-College Station Teen Court Norma Herrera-New Braunfels Teen Court Tina Heine-Georgetown Teen Court
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TEEN COURT RESOURCES Jennifer Bozorgnia [email protected] Coordinator- Irving Teen Court Past TCAT Board Member
Tina Heine [email protected] Coordinator-Georgetown Teen Court 2018-2019 Vice President of TCAT
Norma Herrera [email protected] Coordinator-New Braunfels Teen Court 2018-2019 President of TCAT
Mike Mullen [email protected] Coordinator-College Station Teen Court 2018-2019 Past President of TCAT
Susan Wolf [email protected] Coordinator-Fort Worth Teen Court, Inc. Past TCAT Board Member
AGENCY RESOURCES
Teen Court Association of Texas www.txteencourt.com
Texas Municipal Courts Education Center www.TMCEC.com
TxDot http://www.txdot.gov/
National Youth Court Association www.youthcourt.net
TEEN COURT COMPETITION APRIL 13, 2019
18 Past Competitions
2016-GEORGETOWN
19 2018 FORT WORTH AND METROPORT
2108 METROPORT AND FORT WORTH
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JUVENILE EXPUNCTION AND SHOW CAUSE
TEEN COURT 2019
EXPUNCTION
Expunge: “to eliminate completely; annihilate.”
• For certain offenses, a child has the right to obtain an expunction of a conviction through the municipal court.
• For some of these offenses, the court has an affirmative duty to notify the child of their rights.
NOTICE OF EXPUNCTION RIGHTS Article 45.0216 (e) CCP
Upon conviction for a misdemeanor punishable by fine only or violation of a penal ordinance
Court must inform the child and the child’s parent at the beginning of the proceedings
In open court
Provide the child and the child’s parent with a written copy of Article 45.0216
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EXPUNCTION OF CERTAIN CONVICTION RECORDS OF CHILDREN Art. 45.0216
Not more than one offense On or after 17th birthday Must apply in writing to the Court requesting expunction Request must be under oath The request must contain the applicant’s statement that the applicant has no other convictions Applicant was not engaged in conduct indicating a need for supervision Pay a $30.00 processing fee
Art. 45.0216. EXPUNCTION OF CERTAIN CONVICTION RECORDS OF CHILDREN
If qualified, the Court shall order the conviction, including all complaints, verdicts, sentences, and prosecutorial and law enforcement records, and any other documents relating to the offense, expunged
The conviction may not be shown or made known for any purpose
Records of a applicant under 17 years of age relating to a complaint dismissed as provided by Article 45.051 (deferred disposition) or 45.052 (Teen Court) may be expunged under this article
CHAPTER 55 CCP
Art. 55.01. RIGHT TO EXPUNCTION. A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if: a. Tried for the offense and acquitted b. Convicted and pardoned or granted relief c. Charge did not result in a final conviction d. Released and the charge was not resulted in final conviction and no court ordered community supervision
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HB 557 amends Chapter 55
Municipal courts of record and justice courts now have concurrent jurisdiction with district courts to expunge fine only cases A person may file in a municipal court or justice court in the county where: The petitioner was arrested; or Where the offense is alleged to have occurred
OTHER EXPUNCTIONS
Alcohol Convictions ◦ ABC 106.12 Tobacco Convictions ◦ Health and Safety 161.255, 161.253 Failure to Attend School ◦ Code of Criminal Procedure 45.0541
ALCOHOL ABC 106.12
Expunction available- Applicant must apply Applicant is 21 years old or older Only ONE conviction Only ONE custodial or noncustodial arrest if not convicted. (Expunction of arrest records) Must contain a sworn statement by applicant that this was the only alcohol conviction $30.00 processing fee Court has no duty to inform minors charged with alcohol violations of their right to seek an expunction
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TOBACCO HEALTH AND SAFETY CODE 161.255
Expunction available- Must apply for expunction Must complete (after Oct, 1, 2015) e-cigarette and tobacco awareness program OR tobacco related community service Pay a $30.00 processing fee for each application No requirement to wait until 18th birthday Multiple expunctions possible Court has no duty to inform minors charged with tobacco violations of their right to seek an expunction
FAILURE TO ATTEND SCHOOL CCP 45.0541
Effective September 1, 2015- Child entitled to expungement No request needed The Court shall order the conviction, including all complaints, verdicts, sentences, and prosecutorial and law enforcement records, and any other documents relating to the offense, expunged The conviction may not be shown or made known for any purpose
CCP CHAPTER 55
EXPUNCTION OF CRIMINAL RECORDS
Art. 55.02. PROCEDURE FOR EXPUNCTION Art. 55.03. EFFECT OF EXPUNCTION Art. 55.04. VIOLATION OF EXPUNCTION ORDER Art. 55.05. NOTICE OF RIGHT TO EXPUNCTION
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RESOURCES TMCEC Expunctions_Juveniles_and_Minors_2015.pdf Chart showing expunction requirements TMCEC FORMS BOOK Section XV. Juveniles - Page 207-210 Application for expungement Order For Expungement
SHOW CAUSE Art. 45.050. FAILURE TO PAY FINE; CONTEMPT: JUVENILES.
(b) A justice or municipal court may not order the confinement of a child for: (1) the failure to pay all or any part of a fine or costs imposed for the conviction of an offense punishable by fine only; or (2) contempt of another order of a justice or municipal court. (c) If a child fails to obey an order of a justice or municipal court under circumstances that would constitute contempt of court, the justice or municipal court, after providing notice and an opportunity to be heard, may Refer Hold child in contempt ($ and license suspension)
QUESTIONS?
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