Miscellaneous

All Grown Up or Still a Juvenile? Ohio Case Decides Issue

By Anne Skove, Esq.

Putting aside, for the moment, the relative maturity of average 18-, 19-, and 20-year-olds, when does a juvenile stop being a juvenile?

Here's the timeline:

• Age 15: adjudicated as a delinquent; put on parole.


• Age 17: violated parole.


• Age 18: parole violation hearing finally takes place. The delinquent participates without a parent, guardian, custodian, or counsel present.

At the parole violation hearing, is the kid a kid?

Yes, says the Supreme Court of Ohio. Thus, he may not waive his right to counsel without consultation with a parent, etc., or attorney. Even though the waiver may have been knowing, voluntary, and intelligent, he was not 21 "and the court was exercising jurisdiction on a matter related to his prior adjudication as a delinquent child."

The dissent (J. O'Connor, joined by CJ. Moyer and J. Cupp) found that the majority's reasoning conflicted with existing statutes and juvenile court rules.

What does it all mean for Ohio courts? We've seen some messy, messy juvenile case files. Clean them up! Pay attention to the status of offenders, timelines, etc. Pay attention to basic plea requirements -- knowing, voluntary, and intelligent. Ask questions, look behind the nodding head to find out what's really going on. Finally, courts must ensure that the right to counsel is honored.

The case is 2007-0728, In re Andrew, Slip Op. No. 2008-Ohio-4791. See also the opinion summary.

Full post as published by court-o-rama.org on September 30, 2008 (boomark / email).