TEEN COURT TRIAL MODELS and SCHOOL REFERRALS

TEEN COURTTRIAL MODELS

andSCHOOL REFERRALS

SUSAN MARTIN WOLFCOORDINATOR

FORT WORTH TEEN [email protected]

3741 SW Loop 820Fort Worth, Texas 76133

817-392-8681

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)

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

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 COURTADULT JUDGE

TRIAL COURT

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.

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

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

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


Part I–

1. Initial training-proceduresanalyzing offense reportsopening and closing statements

2. Placed on a tribunal and trial jury panel


Part 2-1. Continued training to further enhance

skills:analyzing offense reportsinterviewing skillsobjectionspresenting evidencequestioning techniquesmock trials


Part 3-1. Partner them with an existing

attorney2. Try their own case alone or with a

partner 3. Ongoing training throughout the year

ALTERTERNATIVE PROGRAMS FOR 10-13 YEAR OLD DEFENDANTS

10-13 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

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 COURTDISPOSITION/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: 16-32 Hours Jury Terms: 2 One-way street/ Wrong side of street/Improper turnImpeding traffic/Unsafe lane changeRed light/Stop sign, No turn signalSpeeding 1-15 MPH over speed limitDisobey traffic control device/No Seat BeltUnlawful Riding/Child in pick-upJaywalking/Skateboarding, Littering/Loitering

FORT WORTH TEEN COURTDISPOSITION/COMMUNITY SERVICE GRID

CLASS III--Community Service: 32-48 Hours Jury Terms: 2 Driver's license restrictions/No Child Safety SeatSpeeding 16-24 MPH over speed limitSpeeding-SZ/Const-1-15 MPH over limitCurfew/Park Curfew, Attempted Criminal TrespassDisorderly Conduct-Language

CLASS IV--Community Service: 48-64 Hours Jury Terms: 2No Operator’s license/No InsuranceSpeeding 25+ MPH over + Speeding-SZ/Const-16+ MPH over Passing school bus/emergency vehicle + DSCCell phone use in school zone, Accident violationsMost non-traffic violations such as:

Theft, Criminal Mischief, Truancy, Public Intoxication,Assault, Disorderly Conduct, MIP, MIC, Fireworks, Disruption of Trans, Discharge, Air Gun, Possession DrugParaphernalia, Disruption of Class

THANKING OUR WONDERFUL VOLUNTEERS

SCHOOL INFRACTION REFERRALS

Article 45.052 CCP (a) (3) …or is recommended to attend the program by a school employee under Section 37.146 Education Code

Section 37.146 (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

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 forreferrals 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

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 PREVENTION25.0915 (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…

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

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

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 1987.

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??

TEEN COURT2016

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.

JUVENILE EXPUNCTION

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

NOTICE OF EXPUNCTION RIGHTSArticle 45.021 (e) CCP

Applicant convicted of not more than one offense

On or after the applicant’s 17th 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

EXPUNCTION OF CERTAIN CONVICTION RECORDS OF CHILDREN

Art. 45.0216

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 45.051 (DSC) or 45.052 (Teen Court) may be expunged under this article

Art. 45.0216. EXPUNCTION OF CERTAIN CONVICTION RECORDS OF CHILDREN

Alcohol Convictions

Alcohol and Beverage Code 106.12

Tobacco ConvictionsHealth and Safety Code 161.255, 161.253

Failure to Attend SchoolCode of Criminal Procedure 45.0541

OTHER EXPUNCTIONS

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.

ALCOHOL ABC 106.12

Expunction available-Must apply for expunctionMust complete an e-cigarette and tobacco awareness

program Pay a $30.00 processing fee for each applicationNo requirement to wait until 18th birthdayMultiple expunctions possibleCourt has no duty to inform minors charged with

tobacco violations of their right to seek an expunction

TOBACCO HEALTH AND SAFETY CODE 161.255

Effective September 1, 2015-Child entitled to expungementNo request neededThe 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

FAILURE TO ATTEND SCHOOLCCP 45.0541

APPLICATION FOR EXPUNCTION: PENAL OFFENSES (Art. 45.0216, C.C.P.)

IN THE MATTER OF § IN THE MUNICIPAL COURT§ CITY OF __________________

_____________________ § ___________COUNTY, TEXASDEFENDANT’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 45.0216, 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___.

APPLICATION FOR EXPUNCTION

ORDER FOR EXPUNCTION OF RECORDS: PENAL OFFENSES (Art. 45.0216, 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 45.0216, 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:


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 ifremoval 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 45.0216, 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 EXPUNCTION OF RECORDS: PENAL OFFENSES (Art. 45.0216, 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) Texas Department of Public SafetyAttn: Expunction Unit, TxDPS Crime RecordsP.O. Box 4143 Mail Stop (MSC-0234)

Austin, TX 78765-4143

(c) Sheriff's DepartmentAddress: ________________________________________________

(d) Police DepartmentAddress: _________________________________________________


(e) City Attorney's Office

Address: ________________________________________________________________

(f) Community Service ProviderAddress: ________________________________________________________________

(g) 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


TMCEC FORMS BOOKXV. JuvenilesPage 207-210

RESOURCES

RESOURCESTeen Court Association of Texas

www.txteencourt.com

Texas Municipal Courts Education Centerwww.TMCEC.com

National Youth Court Associationwww.youthcourt.net

TxDothttp://www.txdot.gov/

TEEN COURT MOCK TRIAL COMPETITION

TEEN COURT TRIAL MODELS and SCHOOL REFERRALS

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