TEEN COURT TRIAL MODELS and SCHOOL REFERRALS

Transcription

1 TEEN COURT TRIAL MODELS and SCHOOL REFERRALS SUSAN MARTIN WOLF COORDINATOR FORT WORTH TEEN COURT 3741 SW Loop 820 Fort Worth, Texas WHAT IS TEEN COURT Legally binding alternative disposition Teen Court sentences can include: community service, jury terms, educational classes, essays, impact panels, and other requirements. Restitution for the offense(s) Teen Court programs are slightly different PROCESS Defendants case 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. 90 days to complete the requirements Successful completion results in dismissal of the case (s)

2 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 Management by Cities, Counties, non-profit organizations 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 the following 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 Attorney Plea Court Supervised

3 JURY TRIAL-ADULT JUDGE * Adult judge on the bench * 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. TRIAL COURT ADULT JUDGE TRIAL COURT

4 TEEN/PEER JUDGE TRIAL * Teen/Peer judge on the bench * 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 MASTER JURY * Adult/Teen Attorney facilitator * Six member teen jury * The defendant pleads his/her case in front of a six member teen jury panel * The jury panel questions the defendant before deciding on community service hours.

5 TRIBUNAL PANEL/JURY * Adult/Teen Attorney facilitator * Three member teen jury panel * The defendant pleads his/her case in front of the three member teen panel * The panel questions the defendant * Panel decides on community service hours

6 TRIBUNAL 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

7 ADVOCATE COURT * A teen defense attorney pleads defendant s case * A judge or facilitator and a 3 or 6 member panel * The panel question the defendant and attorney * Panel decides on community service hours. TEEN ATTORNEY TRAINING Mandatory training program Each teen attorney learns at their own pace Some understand and are ready to try cases within a couple of weeks Others need more training and time Training can be several days/weeks for 2-3 hours Or..Training can be an all day event TEEN ATTORNEY TRAINING Part I 1. Initial trainingprocedures analyzing offense reports opening and closing statements 2. Placed on a tribunal and trial jury panel

8 TEEN ATTORNEY TRAINING Part 2-1. Continued training to further enhance skills: analyzing offense reports interviewing skills objections presenting evidence questioning techniques mock trials TEEN ATTORNEY TRAINING Part 3-1. Partner them with an existing attorney 2. Try their own case alone or with a partner 3. Ongoing training throughout the year ALTERTERNATIVE PROGRAMS FOR YEAR OLD DEFENDANTS year old defendants have a challenge finding community service agencies that will allow them to do community service They are given the option of participating in a first offenders or anger management program with ACH Child and Family Services These no cost programs are six week group classes plus one individual counseling session The Judge or the teen and parent choose which program best suits their needs

9 THEFT PREVENTION At the request of several Metroplex Teen Courts-ACH Child and Family Services created a theft prevention class. These classes are mandatory for Teen Court theft cases. Many courts give hours for completing the class or consider the class their Teen Court requirements. FORT WORTH TEEN COURT DISPOSITION/COMMUNITY SERVICE GRID CLASS I--Community Service: 8-16 Hours Jury Terms: 2 Defective lights, Equipment violations (regist/insp, plate) No helmet (bicycle/motorcycle) Anti-noise violations (music too loud) Following too closely (City Ordinance) CLASS II--Community Service: Hours Jury Terms: 2 One-way street/ Wrong side of street/improper turn Impeding traffic/unsafe lane change Red light/stop sign, No turn signal Speeding 1-15 MPH over speed limit Disobey traffic control device/no Seat Belt Unlawful Riding/Child in pick-up Jaywalking/Skateboarding, Littering/Loitering FORT WORTH TEEN COURT DISPOSITION/COMMUNITY SERVICE GRID CLASS III--Community Service: Hours Jury Terms: 2 Driver's license restrictions/no Child Safety Seat Speeding MPH over speed limit Speeding-SZ/Const-1-15 MPH over limit Curfew/Park Curfew, Attempted Criminal Trespass Disorderly Conduct-Language CLASS IV--Community Service: Hours Jury Terms: 2 No Operator s license/no Insurance 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

10 THANKING OUR WONDERFUL VOLUNTEERS SCHOOL INFRACTION REFERRALS Article CCP (a) (3) or is recommended to attend the program by a school employee under Section Education Code Section (2) (c) Education Code (c) A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program SCHOOL REFERRALS School referrals to Teen Court provide schools with opportunities to hold students accountable for their actions. The student offender is given the message that other students in the school are committed to helping them succeed. Teen Court 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

11 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. PUNISHMENT Appropriate punishment could be a combination of the following: Community service around the school or neighborhood. Essay Book report Term paper Letter(s) of apology PROCESS 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

12 SAMPLE PROCEDURE 1. Student misbehaves, receives formal infraction notice (not an official citation) from school personnel or school resource officer 2. Defendant admits to the offense and requests Teen Court or referred to Teen Court by the school administration 3. Defendant is brought before the Teen Court panel SAMPLE PROCEDURE 4. Panel determines appropriate punishment 5. Defendant given a specific amount of time to complete the requirements 6. When the requirements are completed the infraction goes away 7. If defendant does not complete the community service the case is referred back to the school referral personnel for further action TRUANCY PREVENTION (2) Education Code The school district shall adopt truancy prevention measures designed to (2) refer the student to counseling, mediation, mentoring, a teen court program

13 PUNISHMENT Appropriate punishment could be a combination of the following: Community service around the school or neighborhood. Essay Stay in School classes PROCESS Meet with school truancy staff to determine who will refer the teen to Teen Court Create referral form Determine sentencing grid Determine length of time to complete the community service (remember schools only have a limited timeframe) PROCESS 1. Defendant is brought before the Teen Court panel 2. Panel determines appropriate punishment 3. Defendant given a specific amount of time to complete the requirements 4. When the requirements are completed the truancy infraction goes away 5. If defendant does not complete the community service- the case is referred back to the school truancy officer for further action

14 DO NOT PANIC!!! 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

15 FORT WORTH TEEN COURT, INC. Fort Worth Teen Court program was established through a cooperative agreement with the City of Fort Worth and the Fort Worth Teen Court, Inc. Board of Directors in October Fort Worth Teen Court is now 90% funded by the City of Fort Worth with the Board of Directors supplying funds for the teen attorney program, a part time staff, and full time staff training. YOU CAN DO IT! QUESTIONS??

16 TEEN COURT 2016 JUVENILE 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 (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

17 EXPUNCTION OF CERTAIN CONVICTION RECORDS OF CHILDREN Art Applicant convicted of not more than one offense On or after the applicant s 17 th birthday Must apply in writing to the Court to have the conviction expunged Request must be under oath The request must contain the applicant s statement that the applicant was not convicted of any other offense Pay a $30.00 processing fee Art 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 an applicant under 17 years of age relating to a complaint dismissed as provided by Article (DSC) or (Teen Court) may be expunged under this article OTHER EXPUNCTIONS Alcohol Convictions Alcohol and Beverage Code Tobacco Convictions Health and Safety Code , Failure to Attend School Code of Criminal Procedure

18 ALCOHOL ABC Expunction available for convictions- Applicant must apply for an expunction Applicant must be 21 years old or older Must contain a sworn statement by applicant that this was the only alcohol conviction the applicant had Pay a $30.00 processing fee. Court has no duty to inform minors charged with alcohol violations of their right to seek an expunction. TOBACCO HEALTH AND SAFETY CODE Expunction available- Must apply for expunction Must complete an e-cigarette and tobacco awareness program 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 Effective September 1, 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

19 APPLICATION FOR EXPUNCTION APPLICATION FOR EXPUNCTION: PENAL OFFENSES (Art , C.C.P.) IN THE MATTER OF IN THE MUNICIPAL COURT CITY OF COUNTY, TEXAS DEFENDANT S APPLICATION FOR EXPUNCTION Now, comes convicted of the offense of on the day of, 20 in the Municipal Court in Cause Number. Petitioner is now at least 17 years of age. Petitioner, being duly sworn, states under oath that he/she has not been convicted of any other misdemeanor punishable by fine only or violation of a penal ordinance of a political subdivision. Petitioner requests that all records of said conviction be expunged pursuant to Article , Code of Criminal Procedure, and the Court order expungement of all documents, records, and references thereof and release from all disabilities resulting from said conviction. Petitioner further requests that said conviction may not be shown or made known in any manner for any purpose. Attached to this petition is a list of agencies, officials, and others who may have records or files regarding this conviction. Defendant-Petitioner Sworn and subscribed before me by, a credible applicant, on this day of, 20. ORDER FOR EXPUNGEMENT ORDER FOR EXPUNCTION OF RECORDS: PENAL OFFENSES (Art , C.C.P.) (Page 1 of 2) CAUSE NUMBER: STATE OF TEXAS IN THE MUNICIPAL COURT CITY OF COUNTY, TEXAS ORDER OF EXPUNGEMENT On this date came to be heard the application and motion for expunction filed in the above - captioned cause. Having considered the pleadings and other documents on file herein, the Court finds that it has jurisdiction over the cause and the parties; and that all procedural and substantive requirements for expunction of the specified criminal records have been met pursuant to Article , Code of Criminal Procedure. ORDER FOR EXPUNGEMENT Therefore, it is hereby Ordered, Adjudged, and Decreed that: Municipality Where Arrested: Arresting Agency: Case Number: Court: Cause Number: Date of Conviction: (1) the application and motion for expunction filed in the above-captioned cause is GRANTED, and all records of the petitioner's arrest and conviction, including the records in the Municipal Court of the City of, Texas, are to be expunged; The following information is provided to identify the Defendant: Name: Sex: Race: Date of Birth: Driver s License Number: Identification Card Number: Social Security Number:

20 ORDER FOR EXPUNGEMENT The following information is provided to identify the records pertaining to this cause: Offense: Date of Offense: Date of Arrest: County Where Arrested: (2) the respondents listed herein shall return all records and files concerning the above specified arrest to this Court, or if removal is impracticable, obliterate all portions of the record or file that identify the petitioner, including all computer entries, and notify this Court of its action not later than, 20 ; (3) the respondents shall delete from their records all index references to the records and files that are subject to this expunction order; (4) the respondent, the Municipal Court of the City of, Texas, shall not permit inspection of the Court records concerning this expunction proceeding by any person other than the petitioner or petitioner's attorney herein, and shall obliterate all public references to this proceeding; (5) pursuant to Article , Code of Criminal Procedure, after entry of this Order, the applicant shall be released from all disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose; further, the petitioner may deny the occurrence of the expunged arrest, prosecution, conviction, and this expunction order; (6) the Department of Public Safety shall send a copy of this Order by certified mail, return receipt requested, to any central federal depository of criminal records that there is reason to believe has any of the records subject to this Order, together with an explanation to the effect of the order and a request that the records in possession of the depository, including any information with respect to this proceeding, be destroyed, deleted, or returned to the Court on or before, 20 ; ORDER FOR EXPUNGEMENT ORDER FOR EXPUNCTION OF RECORDS: PENAL OFFENSES (Art , P.C.) (Page 2 of 2) (7) the Clerk of the Municipal Court of the City of, Texas, shall cause a copy of this Order to be delivered, by certified mail, return receipt requested, to the following respondents subject to this Order (include any of the following, and any not listed, that are applicable): (a) Juvenile Court of County, Texas Address: (b) (c) (d) Texas Department of Public Safety Attn: Expunction Unit, TxDPS Crime Records P.O. Box 4143 Mail Stop (MSC-0234) Austin, TX Sheriff's Department Address: Police Department Address: ORDER FOR EXPUNGEMENT (e) City Attorney's Office Address: (f) (g) Community Service Provider Address: Pretrial Services and/or Juvenile Case Manager Address: (h) Other: Signed this day of, 20. (municipal court seal) Judge, Municipal Court City of County, Texas

21 RESOURCES TMCEC FORMS BOOK XV. Juveniles Page RESOURCES Teen Court Association of Texas Texas Municipal Courts Education Center National Youth Court Association TxDot TEEN COURT MOCK TRIAL COMPETITION

22