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General Information
The Informal Juvenile and Traffic Court has as its purpose and goal early intervention and prevention of delinquent and criminal acts. Most of the cases (79%) are not related to traffic. They are the misdemeanor and infraction violations which if not corrected early on are likely to lead to delinquent behavior. The court hears close to 200,000 cases each year at 14 locations throughout the county. Police officers make a direct filing in court by using a judicial council notice to appear (ticket) which the minor signs promising to appear on a certain court date and location. The minor must be accompanied by a parent in court.
Judicial Officers Are Referees
The cases in Informal Juvenile and Traffic Court are heard by Superior Court Referees. A referee is a judicial officer who is appointed by the Presiding Judge of the Juvenile Court. A referee hears such cases as are assigned to him or her with the same powers as a judge of the juvenile court (section 248, Welfare and Institutions Code, hereafter WIC).
What To Do If You Have Received A Citation
When you receive a citation from a law enforcement officer, you will be required to sign the citation giving your written promise to appear on a certain date at a certain place. Failure to appear is a misdemeanor and a warrant can be issued for your arrest.
Extensions and continuances cannot legally be given over the telephone. All requests must be made in person. This is because juvenile matters are confidential and to give out information or to even verify that a case exists is a misdemeanor.
On your court date you must appear with a parent or legal guardian. A legal guardian is a person who has been appointed by the court for minors whose parents have lost custody of the minor or who are no longer living. A friend or relative is not a legal guardian unless appointed by the court.
If you do not appear on your court date, the court may do one of several things. The court may issue a warrant and notify DMV to suspend your driving privileges. The court may charge only a failure to appear and notify DMV to suspend your driving privilege. If the charge is a Vehicle Code infraction, the court will conduct a trial in absentia and, if you are convicted, notify DMV that you have a failure to pay which will cause your driving privilege to be suspended.
When you appear with your parent, you will have the charges explained to you by a judicial officer and you will be asked if the charges are true or false. If you deny the charges the case will be set for a trial on a future date and you will be ordered to return to court on that date. If you admit the charges then the case will proceed to disposition immediately.
Cases Which Can Be Heard In Informal Juvenile And Traffic Court
When hearing cases where the pleading is a citation, referees, judges and commissioners sit as Juvenile Hearing Officers. Section 256 WIC provides that a Juvenile Hearing Officer (JHO) can hear and dispose of certain enumerated violations. Those violations enumerated are all infractions, every state law related to loitering, traffic or curfew, every local ordinance relating to loitering, curfew or traffic, certain violations of the Fish and Game Code, the Harbors and Navigation Code, Streets and Highway Code, Public Utilities Code, Health and Safety Code, and Public Resources Code, Business and Professions Code dealing with possession or consumption of alcohol, Health and Safety Code violation of possession of marijuana, Penal Code graffiti violations and all vehicle code violations that are not felonies, In addition a probation officer can cite almost any misdemeanor violation into the court. Ninety-seven per cent of all misdemeanors that are charged against juveniles are filed in the Informal Juvenile and Traffic Court.
The authority to "hear and dispose" of the enumerated cases means that there is no necessity that the hearing officer hear the cases by stipulation.
The most common non-traffic cases cited by probation or law enforcement are: alcohol and drug violations, thefts, battery, trespassing, disturbing the peace, curfew, daytime loitering (usually called "Truancy"), the various state laws relating to loitering, graffiti, and disturbances or fare evasion on public transportation.
Authority For Citation As A Pleading
Section 257 WIC gives the authority to a judicial officer to hear those cases enumerated in section 256 using the Notice to Appear (citation) as the pleading in lieu of a petition. There is no authority to have the case removed from the forum.
What Happens If A Minor Demands A Petition?
When a minor demands that a petition be filed the case will be transmitted to the District Attorney. In most cases the D.A. will file the petition in Informal Juvenile and Traffic Court on a special petition form authorized by section 853.6a of the Penal Code. That section allows the District Attorney to file a petition before a Judge of the Juvenile Court, a referee, or a JHO for any offense listed in 256 WIC. In some cases the D.A. may decide to file a more serious charge and will file the case in the delinquency court.
Dispositions Of Citation Cases Are Limited
When a case is heard on a citation, the disposition is limited by section 258 WIC. This limitation applies only to cases heard on a citation and does not address the disposition of a petitioned case. The disposition, regardless of the level of bench officer, precludes incarceration and limits fines to the amount an adult would pay for the same offense unless the offense is defined by age, such as curfew or possession of alcohol. Except in limited cases community service cannot be ordered unless it is approved by a Juvenile Court Judge. Therefore, when the disposition includes community service it is done on a voluntary basis. In other words the minor is given a fine and then volunteers to clear the fine with community service. The only order is for payment of the fine. An exception is violation of 594.1 P.C. (Possession of Aerosol paint) which provides by its terms that the court can order up to 100 hours of community service.
What Happens When A Minor Fails To Appear?
When a minor fails to appear in court, the citation is checked to assure that it is signed by the minor and that the correct appearance location is marked on the citation. There is a grace period of 24 hours before a failure to appear is charged.
If the charge is a vehicle code infraction a trial in absentia under section 40903 of the Vehicle Code is conducted. Section 40903 provides that when a person fails to appear consent has been given to have the case tried using the citation as evidence notwithstanding Division 10 of the Evidence Code.
Every failure to appear in Informal Juvenile and Traffic Court is reported to the DMV as authorized by section 40509 of the Vehicle Code. If the minor lives outside of Los Angeles County the citation may be transferred to his county of residence for adjudication if the minor requests transfer prior to the court date. If there is no appearance in the county of residence then the failure to appear is added when the citation is returned to Los Angeles.
For every charge filed in the Informal Juvenile and Traffic Court a failure to appear is reported to DMV under the provisions of section 40509 of the Vehicle Code. The minor's driver's license or his right to a driver's license is suspended. In addition a charge of failure to appear (§40508(a) Vehicle Code) is added.
On more serious charges, or when it is apparent that the minor must be in court, a warrant will be issued for the minor's arrest. Section 256.5 WIC gives authority to a Juvenile Court Referee to issue a warrant for failure to appear. The Supervising Referee will issue the warrant. Informal Juvenile and Traffic Court is tied in directly by computer to the County Wide Warrant System and can issue and recall warrants directly from the office of the Supervising Referee.
It is the policy of the court to limit the dissemination of the warrant information to the Los Angeles County system so that minors do not get arrested on a no-bail warrant for instance while on vacation with the family in northern California. The court tires to keep the warrants out of the statewide system.
What Happens If The Minor Feels That The Hearing Was Unjust?
Section 262 WIC provides that a minor or the minor's parent may petition the presiding judge of the juvenile court to modify, set aside, or order a rehearing of any case heard under section 257 WIC. The statement of rights which is read and signed by each minor explains the right to a rehearing. In addition the minor is given a form which explains the procedure. The minor must file a written request to the presiding judge within ten calendar days of the hearing. The written request is filed with the supervising referee who reviews the findings and the law involved, and will make a recommendation to the presiding judge. The minor is notified in writing that the case has been forwarded to the presiding judge and when the ruling of the presiding judge is received the minor is notified of the ruling. When requests for rehearing are filed after the ten-day period they are not forwarded and the minor is notified that the request for rehearing was not filed on time.
There is no right to appeal from the denial by the presiding judge of a rehearing. The 1990 amendment to section 800 WIC deleted references to appeals after a denial of a motion made pursuant to section 262 WIC. In 1990 Rule 39 of the California Rules of Court, paragraph (c)(5) which dealt with records on appeal upon a denial of a rehearing was deleted. Section 800 WIC now allows an appeal only from a judgment in a proceeding under section 601 or 602 WIC.
How Does The Informal Juvenile And Traffic Court Operate?
The court process is described in three stages: (1) The Pre-Adjudication; (2) Adjudication; and (3) Disposition. The court process may consist of three different hearings:
- An arraignment (and disposition if minor admits the charge)
- An adjudication hearing (and disposition if charges are found to be true)
- A disposition hearing. (If minor was assigned community service or diversion)
Generally, the referee does all the findings and paper work without courtroom support staff.
Except for statutorily mandated juvenile procedures, the court follows procedures that are similar to the adult misdemeanor or infraction hearings. The statutes require that the court fine no more than an adult would receive for the same violation, and a minor cannot be incarcerated, except on a warrant, in the Informal Juvenile and Traffic Court.
The Juvenile Rules of Court do not apply in Informal Juvenile and Traffic Court (Rule 1400).
The court operates with a disposition guide that provides the proper disposition for almost every violation that can be cited into the court. Each referee has a printed copy of the guide.
Staffing
Except for the Central Branch at 1945 S. Hill Street, a single referee, helped by a clerk, operates each branch. Unlike the court rooms that hear delinquency petitions, there is no courtroom support staff, i.e., no clerk in the courtroom, no probation officer, no Deputy District Attorney, no Deputy Public Defender, and no court reporter. The referee does all findings and courtroom paperwork. The clerk stays at a payment counter and takes payments and sends cases to the referee. When calendars are large (more than 60) an as-needed referee helps.
How Cases Are Filed
Cases are filed by a law enforcement agency or the probation department issuing a notice to appear (citation) in lieu of a petition. When the peace officer issues the citation the case has been filed. There is no review by the District Attorney or the Probation Officer. The minor must appear in court with a parent or face the possibility of an arrest warrant being issued and the loss of his or her privilege to drive for failure to appear.
When a juvenile who is cited for any offense listed in section 256 WIC fails to appear in court, after giving a written promise to appear, the failure to appear is reported to DMV. The driver's license of the minor is suspended until the citation is adjudicated. If the minor does not yet have a driver's license, the right to a license is suspended. This procedure is not authorized in petition cases, nor does it apply in adult court. It is unique to cases cited under 256 WIC to Informal juvenile and Traffic Court (section 40509 Vehicle Code).
In some cases the District Attorney may file a petition before a Juvenile Referee for any offense enumerated in section 256 WIC, including curfew.
There is a statutory requirement that, in all cases where a petition is filed, the District Attorney must appear (681 WIC), but there is no statutory requirement that the District Attorney must attend. Upon the filing of a petition in the Informal Juvenile and Traffic Court the Deputy District Attorney has appeared. Therefore, it is a simple matter for the District Attorney to fulfil his statutory duty without the obligation of attending the hearing.
Therefore, there are two ways to get the minor before the Informal Juvenile and Traffic Court: 1. With a written notice to appear which must be on a form approved by the Judicial Council. 2. By way of petition filed by the Deputy District Attorney.
When a case is heard on a written notice to appear in lieu of a petition, the disposition by the court is limited by statute as enumerated in section 258 WIC. The court, inter alia, can impose a limited fine, can put the minor on probation, can order traffic school, can order community service that must be approved by a judge, can impose voluntary community service in lieu of a fine, can order teen age drunk driving school, or impose voluntary diversion programs. The court cannot place the minor in custody (except on a warrant).
Parents Must Attend
When the juvenile appears, he or she must be accompanied by a parent or legal guardian, or an attorney. Otherwise, the minor is ordered to return. If a minor fails to return with a parent it is considered a failure to appear and is reported as such to Department of Motor Vehicles.
The question often arises, "Why does the parent have to appear?" The answer is that often the minor is trying to hide aberrant behavior from the parent. Minors must appear with a parent or legal guardian to insure that the parent knows that the minor has had an encounter with law enforcement. The parent, even on very minor charges, is often surprised about whom the minor was with, where the minor was, what time it was, what kind of area it was. Parents who thought their child was at a slumber party have been shocked to find that the minor was in fact in Hollywood late at night. Many violations, which are innocuous on their face, are very revealing to the parent at the time of the hearing.
Failure of a parent to appear on a case where the minor is a licensed driver gives rise to the presumption that the parent is no longer willing to be the guarantor of the juvenile's provisional driver's license. Consequently, the license is suspended by DMV.
Unlike delinquency court, where the minor and parent are physically separated, the minor and parent are seated together and a dialogue between the minor, the court, and the parent takes place. At this time the parent becomes aware of where the minor was, who the minor was with, the time of day, and other factors bearing on the citation that the parent may not know about. Often minors hide the facts from the parent before they appear in court. The talk is especially useful in helping to spot pre-delinquent behavior.
Legal Rights
The court carefully explains all legal rights to the minor and the parent. The court makes a finding that the minor understands his or her rights. If the charge is a misdemeanor, the minor is advised of the right to have a court-appointed attorney at no expense to the minor. If there are any serious consequences to the admission of the charges (such as loss of driving privileges) those consequences are carefully explained to the minor before accepting an admission of guilt. The court is especially mindful and watchful for constitutional issues to fourth and eighth amendment rights. No admission of guilt is accepted unless the court makes a finding that there is a factual basis for the admission. This is done to prevent the minor from admitting a charge to which he is technically not guilty.
The Public Defender has been invited to staff the court but has declined to provide deputy public defenders.
Although every opportunity is afforded for the minor to deny the charge and have a contested hearing, nevertheless, 97% of all minors admit the charges. The court has found that the minors admit the charges for two reasons: 1. they actually committed the act, 2. they expect and want to be held accountable for their actions.
It has been the general belief that minors have the right to reject the Informal Juvenile Forum but there is no statutory basis for that. The minor has a right to petition the presiding judge of the Juvenile Court for a new hearing or modification of the order. The Judge has discretion to grant a rehearing, to deny a rehearing, or to dismiss (§262 WIC). The confusion arises over the wording in §257 WIC which states that a minor cannot be heard on a "notice to appear" over his objection. When section §257 is read together with §256 it is clear that §257 is simply a mandate that the minor has the right to have the charges spelled out in a formal pleading (petition), but §256 confers jurisdiction for the Referee to hear and dispose of all cases listed in §256 whether cited or petitioned. If the case is heard by petition instead of citation then the disposition guidelines of section §258 do not apply because §258, by its own terms, applies only to cited cases.
Graffiti
Presently, Section 256 of the Welfare and Institutions Code allows peace officers to cite certain misdemeanor vandalism and graffiti violations into Juvenile Court. Specifically, section 594(a)(1) of the Penal Code (Vandalism with paint or liquid), section 640.5 of the Penal Code (Graffiti on public vehicle, $250 or less), section 640.6 of the Penal Code (Graffiti to private property, $250 or less), any ordinance of a City, County or Local Agency that is an infraction.
Section 13202.6 of the Vehicle Code provides that when any person more than 13 years of age is convicted of violation of section 594 of the Penal Code the court shall suspend that minor's driver's license for one year, or, if the minor does not yet possess a driver's license order DMV to delay issuance for one year.
The standard disposition of the court is to impose a fine on the first offense and to suspend or delay issuance of the driver's license for one year. On the second offense the fine will be increased depending on the facts of the case and the license will be suspended for an additional year. Fines include penalty assessments provided by law.
Truancy And Curfew
Truancy and Curfew are each status offenses that in the nature of things invariably lead to delinquent behavior. In addition, the minor who is out after curfew is also likely to be the truant the next day because of lack of sleep.
Statistics of the Juvenile Court show that when curfew citations increase vandalism citations decrease as does the incidence of vandalism. The inference is that minors who are in violation of curfew are likely to commit acts of vandalism.
Law enforcement officials and city and county government officials have informed the court that they believe that day time burglaries and petty crimes are committed most often by minors who are truant from school. They also suggest that truancy violations and curfew violations are precursors to gang activity.
Most cities have enacted ordinances that prohibit minors who are subject to state mandated compulsory education from loitering in public during the hours of school. The minors are cited into court under §256 (under the loitering provision) and their cases are adjudicated. Officials of those cities have said that the ability to cite minors into court is tremendously useful because the case is adjudicated swiftly. Since the minors are already required by law to be somewhere else (in school) there is no impairment of the minor's freedom by enforcement of the ordinance.
The nature of curfew and truancy violations makes the minor and parent good subjects for diversion programs that involve counseling and parenting classes.
Some diversion programs are funded by federal grants, some are funded by the local school district, some are funded by local police. When a minor is assigned to a diversion program, the case is continued for 60 days for verification of completion. Upon completion the diversion program staff presents the minor with a diploma that is brought back to court. Then the fine is excused.
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