Including amendments promulgated July 11, 2005,
and effective September 1, 2005.
Provided by the Supreme Court Commissioner’s
Office.
1.01 Scope
and Application
1.02 General Purpose
Rule 2.
Attendance at Hearings and Privacy
2.01 Right
to Attend Hearing
2.02 Exclusion
of Persons Who Have a Right to Attend Hearings
2.03 Presence Required
2.04 Right
to Participate
2.05 Ex-Parte
Communications
Rule 3.
Right to Counsel
3.01 Generally
3.02 Appointment
of Counsel
3.03 Dual Representation
3.04 Waiver
of Right to Counsel
3.05 Renewal
of Advisory
3.06 Eligibility
for Court Appointed Counsel at Public Expense
3.07 Right
of Parent(s), Legal Guardian(s), Legal Custodian(s) and Guardian Ad Litem to
Counsel
Rule 4.
Warrants
4.01 Search
Warrants Upon Oral Testimony
4.02 Search
Warrants Upon Written Application
4.03 Warrants
for Immediate Custody
Rule 5.
Detention
5.01 Scope
and General Principles
5.02 Definitions
5.03 Detention
Decision
5.04 Release
or Continued Detention
5.05 Detention
Reports
5.06 Identification
Procedures
5.07 Detention
Hearing
5.08 Detention Review
Rule 6.
Charging Document
6.01 Generally
6.02 Tab
Charge or Citation
6.03 Petition
6.04 Amendment
6.05 Probable
Cause
6.06 Procedure
on Filing a Charging Document with the Court
Rule 7.
Arraignment
7.01 Application
7.02 Generally
7.03 Timing
7.04 Hearing
Procedure
Rule 8. Pleas
8.01 Application
8.02 Generally
8.03 Plea
of Not Guilty Without Appearance
8.04 Plea of Guilty
Rule 9.
Settlement Discussions and Plea Agreements
9.01 Generally
9.02 Relationship
Between the Child and the Child's Counsel
9.03 Disclosure
of Settlement Agreement
9.04 Settlement Discussions and Agreements Not
Admissible
Rule 10.
Discovery
10.01 Scope
and Application
10.02 Evidence
and Identification Disclosure
10.03 Notice
of Additional Offenses
10.04 Disclosure
by Prosecuting Attorney
10.05 Disclosure
by Child
10.06 Regulation
of Discovery
10.07 Taking
Depositions
Rule 11. Pretrial Conference
11.01 Timing
11.02 Evidentiary
and Other Issues
Rule 12. Omnibus Hearing
12.01 Scheduling
of Omnibus Hearing
12.02 Scheduling
of Trial
Rule 13.
Trials
13.01 Purpose
and Application
13.02 Commencement
of Trial
13.03 Trial
13.04 Evidence
13.05 Use
of Depositions at Trial
13.06 Standard
of Proof
13.07 Joint
Trials
13.08 Joinder
and Severance of Offenses
13.09 Findings
13.10 Further
Proceedings
Rule 14.
Continuance for Dismissal
14.01 Agreements Permitted
14.02 Court
Approval; Filing of Agreement; Release
14.03 Modification of Agreement
14.04 Termination
of Agreement; Resumption of Proceedings
14.05 Emergency
Order
14.06 Release
Status Upon Resumption of Delinquency, Juvenile Petty or Juvenile Traffic
Proceedings
14.07 Termination of Agreement; Dismissal
14.08 Termination
and Dismissal Upon Showing of Rehabilitation
14.09 Modification
or Termination and Dismissal Upon Child's Motion
14.10 Court
Authority to Dismiss
Rule 15.
Delinquency Disposition
15.01 Generally
15.02 Timing
15.03 Predisposition
Reports
15.04 Hearing
15.05 Dispositional
Order
15.06 Informal
Review
15.07 Probation
Violation
15.08 Other
Modifications
Rule 16.
Post-trial Motions
16.01 Post-Trial
Motions
16.02 Motion
to Vacate the Finding that the Allegations of the Petition or Charging Document
are Proved
16.03 Joinder
of Motions
16.04 New
Trial on Court's Own Motion
Rule 17.
Juvenile Petty Offender and Juvenile Traffic Offender
17.01 Scope,
Application and General Purpose
17.02 Right to Counsel
17.03
Warrants
17.04
The Charging Document and Notice of
Arraignment
17.05 Arraignment
17.06 Pleas
17.07 Discovery
17.08
Pretrial and Omnibus Hearing
17.09
Adjudication and Disposition
17.10 Transfer to Adult Court of Juvenile Traffic Matter
17.11 Child Incompetent to Proceed
Rule 18.
Certification of Delinquency Matters
18.01 Application
18.02 Initiation of Certification Proceedings of Delinquency Matters
18.03 Notice of Certification
18.04 Certification Study
18.05 Hearing
18.06 Certification Determination
18.07 Order
18.08 Termination of Jurisdiction Upon
Certification
18.09 Withdrawal of Waiver of Certification Hearing
Rule 19.
Extended Jurisdiction Juvenile Proceedings and Prosecution
19.01 Initiation
of Extended Jurisdiction Juvenile Proceedings and Prosecution
19.02 Notice
of the Extended Jurisdiction Juvenile Proceeding
19.03 Extended
Jurisdiction Juvenile Study
19.04 Hearings
on Extended Jurisdiction Juvenile Proceedings
19.05 Public
Safety Determination
19.06
Extended Jurisdiction Juvenile Prosecution Determination
19.07
Order
19.08 Withdrawal of Waiver of Extended Jurisdiction Juvenile Hearing
19.09 Extended Jurisdiction Juvenile Prosecution
19.10
Disposition
19.11
Revocation
Rule 20.
Child Incompetent to Proceed and Defense of Mental Illness or Mental
Deficiency
20.01 Proceeding
When Child is Believed to be Incompetent
20.02 Defense of Mental Illness or Mental
Deficiency at the Time of the Offense
Rule 21.
Appeals
21.01 Generally
21.02 Proceedings
in Forma Pauperis
21.03 Appeal
by Child
21.04 Appeal
by Prosecuting Attorney
21.05 Appeal
by Parent(s), Legal Guardian or Legal Custodian of the Child
21.06 Certified
Questions to the Court of Appeals
21.07 Time for Issuance of Decision
Rule 22. Substitution of Judge
22.01 Before
or During Trial
22.02 After
Verdict or Finding of Guilt
22.03 Notice
to Remove
22.04 Assignment
of New Judge
Rule 23.
Referee
23.01 Authorization
to Hear Cases
23.02 Objection
to Assignment of Referee
23.03 Notice
to Remove a Particular Referee
23.04 Transmittal
of Findings
23.05 Review
23.06 Order
of the Court
Rule 24. Guardian ad Litem
24.01 Appointment
24.02 Guardian
ad Litem Not Counsel for Child
Rule 25.
Notice
25.01 Summons,
Notice in Lieu of Summons, Oral Notice on the Record, Service by FAX and Notice
by Telephone
25.02 Content
25.03 Procedure
for Notification
25.04 Waiver
Rule 26. Subpoenas
26.01 Motion
or Request for Subpoenas
26.02 Expense
Rule 27.
Motions
27.01 Motions to be Signed
27.02 Service
of Motions
Rule 28.
Copies of Orders
Rule 29.
Recording
29.01 Procedure
29.02 Availability
of Transcripts
29.03 Expense
Rule 30.
Records
30.01 Generally
30.02 Availability
of Juvenile Court Records
1. By Statute or Rule
2. No Order Required
3. Court Order Required
Rule 31.
Timing
31.01 Computation
31.02 Additional
Time After Service by Mail
Delinquency, Juvenile Petty Offenses, and Juvenile
Traffic Offenses
Rule
1. Scope, Application and General
Purpose
Rule 1.01
Scope and Application
Rules 1 through 31 govern the procedure in the
juvenile courts of Minnesota for all delinquency matters as defined by
Minnesota Statutes, section 260B.007, subdivision 6, juvenile petty matters as
defined by Minnesota Statutes, section 260B.007, subdivision 16 and juvenile
traffic matters as defined by Minnesota Statutes, section 260B.225. Procedures for juvenile traffic and petty
matters are governed by Rule 17.
Where these
rules require giving notice to a child, notice shall also be given to the
child's counsel if the child is represented.
Reference in these rules to “child's counsel” includes the child who is
proceeding pro se. Reference in these
rules to “counsel for the parent(s), legal guardian, or legal custodian”
includes the parent, legal guardian, or legal custodian who is proceeding pro
se.
Where any
rule obligates the court to inform a child or other person of certain
information, the information shall be provided in commonly understood, everyday
language.
In cases
involving an Indian child, which may be governed by the Indian Child Welfare
Act, 25 U.S.C.A. Chapter 21, sections 1901-1963, these rules shall be construed
to be consistent with that Act. Where
the Minnesota Indian Family Preservation Act, Minnesota Statutes, sections
260.751 through 260.835 applies, these rules shall be construed to be
consistent with that Act.
The purpose
of the juvenile rules is to establish uniform practice and procedures for the
juvenile courts of the State of
(Amended
effective September 1, 2005.)
Minn. R. Juv. Del. P. 1.02
is based upon Minnesota Statutes, section 260B.001, subd. 2 (2002).
The Indian
Child Welfare Act does not apply to placements of Indian children that are
based upon an act that, if committed by an adult, would be deemed a crime. 25 U.S.C. section 1903(1) (1988). However,
Rule 2.01
Right to Attend Hearing
Juvenile court proceedings are closed to the
public except as provided by law. Only
the following may attend hearings:
(A) the
child, guardian ad litem and counsel for the child;
(B) the
parent(s), legal guardian, or legal custodian of the child and their counsel;
(C) the
spouse of the child;
(D) the
prosecuting attorney;
(E) other
persons requested by the parties listed in (A) through (D) and approved by the
court;
(F) persons
authorized by the court under such conditions as the court may approve;
(G) persons
authorized by statute, under such conditions as the court may approve; and
(H) any
person who is entitled to receive a summons or notice under these rules.
Rule 2.02
Exclusion of Persons Who Have A Right To Attend Hearings
The court may
temporarily exclude any person, except counsel and the guardian ad litem, when
it is in the best interests of the child to do so. The court shall note on the record the
reasons a person is excluded. Counsel
for the person excluded has the right to remain and participate if the person
excluded had the right to participate in the proceeding. An unrepresented child can not be excluded on
the grounds that it is in the best interests of the child to do so.
Subdivision 1. Child.
The child shall have the
right to be present at all hearings. The
child is deemed to waive the right to be present if the child voluntarily and
without justification is absent after the hearing has commenced or if the child
disrupts the proceedings. Disruption of
the proceedings occurs if the child, after warning by the court, engages in
conduct which interrupts the orderly procedure and decorum of the court. The court may use all methods of restraint
necessary to conduct the proceedings in an orderly manner. If the child is restrained or removed from
the courtroom, the court shall state the reasons for the restraint or removal
on the record. Except at trials and
dispositional hearings, the child's appearance may be waived if the child is
hospitalized in a psychiatric ward and the treating physician states in writing
the reasons why not appearing would serve the child's best interests.
Subd. 2.
Counsel.
(A)
Counsel for the child shall be present at all hearings.
(B) The
prosecuting attorney shall be present or available for all hearings unless
excused by the court in its discretion.
Subd. 3.
Parent, Legal Guardian or Legal Custodian. The parent,
legal guardian or legal custodian of a child who is the subject of a
delinquency or extended jurisdiction juvenile proceeding shall accompany the
child to all hearings unless excused by the court for good cause shown. If such person fails to attend a hearing with
the child without excuse, the court may issue an arrest warrant and/or hold the
person in contempt. The court may
proceed if it is in the best interests of the child to do so even if the
parent, legal guardian, or legal custodian fails to appear.
Rule 2.04
Right to Participate
Subdivision 1. Child and Prosecuting Attorney. The child and prosecuting
attorney have the right to participate in all hearings.
Subd. 2.
Guardian ad Litem. The guardian ad litem has a right to
participate and advocate for the best interests of the child at all hearings.
Subd.
3. Parent(s),
Legal Guardian, or Legal Custodian.
Except in their role as guardian ad litem for the child, the parent(s),
legal guardian, or legal custodian may not participate separately at hearings
until the dispositional stage of the proceedings and the court shall advise
them of this right. A parent, legal
guardian, or legal custodian shall not participate as counsel for the child
unless licensed to practice law.
Subd. 4. Generally. Persons
represented by counsel, who have a right to participate, shall participate
through their counsel. Unrepresented
persons may participate on their own behalf.
Rule 2.05
Ex-parte Communications
The court shall not receive or consider any ex-parte communication from anyone concerning a proceeding, including conditions of release, detention, evidence, adjudication, disposition, or any other matter. The court shall fully disclose to all counsel on the record any attempted ex-parte communication.
Minn. R. Juv. Del. P. 2.01 allows persons authorized by statute to
attend juvenile court proceedings. They
include the public, in cases where a juvenile over age 16 is alleged to have
committed a felony, and victims. The public is also entitled to be present during
a juvenile certification hearing where a juvenile over age 16 is alleged to
have committed a felony, except that the court may exclude the public from
portions of a certification hearing to discuss psychological material or other
evidence that would not be accessible to the public in an adult proceeding.
Minnesota Statutes, section 260B.163, subd. 1(c) (2002). The statute does not
currently permit exclusion when similar material is being presented in an
extended jurisdiction juvenile proceeding.
This may simply be an oversight. See
also
Minn. R. Juv. Del. P. 2.02 permits exclusion of persons from hearings,
even when they have a right to participate, to serve the child's best
interests. For example, sometimes expert
opinions are offered to the court regarding a child's psychological profile or
amenability to probation supervision.
Counsel are usually aware of such opinions and if it serves no useful
purpose or may even be detrimental to a child's best interests to hear these
opinions, it may be appropriate to temporarily exclude the child from the
hearing. Obviously, this should be
brought to the court's attention either before the hearing or at a bench
conference. Because a child charged with
a juvenile petty or juvenile traffic offense does not have a right to
appointment of counsel at public expense, that child cannot be excluded unless
the child is represented by counsel.
Minn. R. Juv. Del. P. 2.03, subd. 2 provides that the prosecuting
attorney shall be present or available for all hearings unless excused by the
court in its discretion. On occasion,
because of time constraints and distance, it may be impossible for the
prosecuting attorney to be present in person at a particular hearing. So long as the prosecuting attorney is
available by telephone conference, the hearing could proceed without the
prosecutor actually being present.
Minn. R. Juv. Del. P. 2.05 requires full disclosure by the court to
all counsel on the record of any attempted ex-parte communication. Juvenile court has historically been less
formal and more casual than other court proceedings. As a result, lawyers, probation and court
services personnel, law enforcement, victims, and relatives of the child have
sometimes attempted and succeeded in having ex-parte contact with the juvenile
court judge. As the sanctions for
delinquency become more severe, due process safeguards become more imperative.
The child has
the right to be represented by an attorney.
This right attaches no later than when the child first appears in
court. The attorney shall initially
consult with the child privately, outside of the presence of the child's
parent(s), legal guardian or legal custodian.
The attorney shall act solely as the counsel for the child.
Subdivision 1. Felonies and Gross Misdemeanors. In any
proceeding in which the child is charged with a felony or gross misdemeanor,
the court shall appoint counsel at public expense to represent the child, if
the child can not afford counsel and private counsel has not been retained to
represent the child. If the child waives
the right to counsel, the court shall appoint standby counsel to be available
to assist and consult with the child at all stages of the proceedings.
Subd. 2.
Misdemeanors. In any proceeding in which the child is
charged with a misdemeanor, the court shall appoint counsel at public expense
to represent the child if the child can not afford counsel and private counsel
has not been retained to represent the child, and the child has not waived the
right to counsel. If the child waives
the right to counsel, the court may appoint stand‑by counsel to be
available to assist and consult with the child at all stages of the
proceedings.
Subd. 3.
Out‑of‑Home Placement. In any proceeding in which out‑of‑home
placement is proposed, the court shall appoint counsel at public expense to
represent the child, if the child cannot afford counsel and private counsel has
not been retained to represent the child.
If the child waives the right to counsel, the court shall appoint stand‑by
counsel to be available to assist and consult with the child. No out‑of‑home placement may be
made in disposition proceedings, in violation proceedings, or in subsequent
contempt proceedings, if the child was not initially represented by counsel or
standby counsel, except as provided herein.
If out‑of‑home placement is based on a plea or adjudication
obtained without assistance of counsel, the child has an absolute right to
withdraw that plea or obtain a new trial.
Subd. 4.
Probation Violation and Modification of Disposition for Delinquent
Child. In any proceeding in which a delinquent child
is alleged to have violated the terms of probation, or where a modification of
disposition is proposed, the child has the right to appointment of counsel at
public expense. If the child waives the
right to counsel, the court shall appoint standby counsel.
Subd. 5.
Juvenile Petty Offense or Juvenile Traffic Offense.
(A) In any proceeding in which the child is charged
as a juvenile petty offender or juvenile traffic offender, the child or the
child's parent may retain private counsel, but the child does not have a right
to appointment of a public defender or other
counsel at public expense, except:
(1) when the child may be subject to out-of-home
placement as provided in Minnesota Statutes, section 260B.235, subdivision 6;
or
(2) as
otherwise provided pursuant to Rule 3.02, subdivisions 3, 6 and 7.
(B) Except in
the discretion of the Office of the State Public Defender, a child is not
entitled to appointment of an attorney at public expense in an appeal from
adjudication and disposition in a juvenile petty offender or juvenile traffic
offender matter.
Subd. 6.
Detention. Every child has the right to be represented by
an attorney at a detention hearing. An
attorney shall be appointed for any child appearing at a detention hearing who
cannot afford to hire an attorney. If
the child waives representation, standby counsel shall be appointed.
Subd. 7.
Child Incompetent to Proceed. Every child shall be represented by an
attorney in any proceeding to determine whether the child is competent to
proceed. An attorney shall be appointed
for any child in such proceeding who cannot afford to hire an attorney.
Subd.
8. Appearance before a Grand Jury. A child appearing
before a grand jury as a witness in a matter which is under the jurisdiction of
the Juvenile Court shall be represented by an attorney at public expense if the
child cannot afford to retain private counsel.
If the child has effectively waived immunity from self-incrimination or
has been granted use immunity, the attorney for the child shall be present
while the witness is testifying. The
attorney shall not be permitted to participate in the grand jury proceedings
except to advise and consult with the child witness while the child is
testifying.
A child is
entitled to the effective representation of counsel. When two or more children are jointly charged
or will be tried jointly pursuant to Rule 13.07, and two or more of them are represented by
the same counsel, the following procedure shall be followed:
(A) The court
shall address each child individually on the record. The court shall advise the child of the
potential danger of dual representation and give the child the opportunity to
ask the court questions about the nature and consequences of dual
representation. The child shall be given
the opportunity to consult with outside counsel.
(B) On the
record, the court shall ask each child whether the child
(1) understands the
right to be effectively represented by a lawyer;
(2) understands the
details of the lawyer's possible conflict of interest;
(3) understands the
possible dangers in being represented by a lawyer with these possible conflicts;
(4) discussed the
issue of dual representation with a separate lawyer; and
(5) wants a separate
lawyer or waives their Sixth Amendment protections.
Rule 3.04 Waiver of
Right to Counsel
Subdivision
1. Conditions of Waiver. The following
provision does not apply to Juvenile Petty Offenses, which are governed by Rule 17. Any
waiver of counsel must be made knowingly, intelligently, and voluntarily. Any waiver shall be in writing or on the
record. The child must be fully and
effectively informed of the child's right to counsel and the disadvantages of
self-representation by an in-person consultation with an attorney, and counsel
shall appear with the child in court and inform the court that such
consultation has occurred. In
determining whether a child has knowingly, voluntarily, and intelligently
waived the right to counsel, the court shall look to the totality of the
circumstances including, but not limited to: the child's age, maturity,
intelligence, education, experience, ability to comprehend, and the presence of
the child's parents, legal guardian, legal custodian or guardian ad litem. The court shall inquire to determine if the
child has met privately with the attorney, and if the child understands the
charges and proceedings, including the possible disposition, any collateral
consequences, and any additional facts essential to a broad understanding of
the case.
Subd. 2.
Competency Proceedings. Any child subject to
competency proceedings pursuant to Rule 20 shall not be permitted to waive
counsel.
Subd. 3.
Court Approval/Disapproval. If the court accepts the child's waiver, it
shall state on the record the findings and conclusions that form the basis for
its decision and shall appoint standby counsel as required by Rule 3.02.
After a child
waives the right to counsel, the child shall be advised of the right to counsel
by the court on the record at the beginning of each hearing at which the child
is not represented by counsel.
Rule 3.06 Eligibility for Court Appointed
Counsel at Public Expense
Subdivision 1. When Parent or Child Cannot
Afford to Retain Counsel. A child and his parent(s) are financially
unable to obtain counsel if the child is unable to obtain adequate
representation without substantial hardship for the child or the child's
family. The court shall inquire to
determine the financial eligibility of a child for the appointment of counsel.
The ability to pay part of the cost of adequate representation shall not
preclude the appointment of counsel for the child.
Subd. 2. When Parent Can Afford to Retain
Counsel. If the parent(s) of a child can afford to
retain counsel in whole or in part and have not retained counsel for the child,
and the child cannot afford to retain counsel, the child is entitled to
representation by counsel appointed by the court at public expense. After giving the parent(s) a reasonable
opportunity to be heard, the court may order that service of counsel shall be
at the parent(s)'s expense in whole or in part depending upon their ability to
pay.
Rule 3.07 Right of Parent(s), Legal
Guardian(s), Legal Custodian(s) and Guardian ad Litem to Counsel
Subdivision 1. Right of Parent(s), Legal Guardian(s) or
Legal Custodian(s). The parent(s), legal guardian(s) or legal
custodian(s) of a child who is the subject of a delinquency proceeding have the
right to assistance of counsel after the court has found that the allegations
of the charging document have been proved.
The court has discretion to appoint an attorney to represent the
parent(s), legal guardian(s) or legal custodian(s) at public expense if they
are financially unable to obtain counsel in any other case in which the court
finds such appointment is desirable.
Subd. 2.
Right of Guardian Ad Litem to Counsel. In the event of a conflict
between the child and the guardian ad litem, the court may appoint separate
counsel to represent the guardian ad litem.
(Amended
effective September 1, 2005.)
Rule 3.08 Certificates of Representation
A lawyer representing a client in juvenile
court, other than a public defender, shall file with the court administrator on
the first appearance a certificate of representation.
Once a lawyer has filed a certificate of
representation, that lawyer cannot withdraw from the case until all proceedings
have been completed, except upon written order of the court pursuant to a
written motion, or upon written substitution of counsel approved by the court
ex parte.
A lawyer who wishes to withdraw from a
case must file a written motion and serve it by mail or personal service upon
the client and upon the prosecuting attorney; and the lawyer shall have the
matter heard by the court. No motion of
withdrawal will be heard within 10 days of a date certain for hearing or trial.
If the court approves the withdrawal, it
shall be effective when the order has been served on the client and the
prosecuting attorney by mail or personal service and due proof of such service
has been filed with the court administrator.
Minn. R. Juv. Del. P. 3 prescribes the general requirements for
appointment of counsel for a juvenile. In
re Gault, 387
Minn. R. Juv. Del. P. 3.01 provides that the right to counsel
attaches no later than the child's first appearance in juvenile court. See
Minn. R. Juv. Del. P. 3.02 provides for the appointment of
counsel for juveniles in delinquency proceedings. A parent may not represent a child unless he
or she is an attorney. In Gideon v.
Wainwright, 372
If a child in a felony or gross
misdemeanor case exercises the right to proceed without counsel, Faretta v.
California, 422 U.S. 806 (1975), State v. Richards, 456 N.W.2d 260
(Minn. 1990), then Minn. R.
Juv. Del. P. 3.02, subd. 1 requires the court to appoint standby
counsel to assist and consult with the child at all stages of the
proceedings. See, e.g., McKaskle
v. Wiggins, 465
In McKaskle v. Wiggins, the Supreme
Court concluded that appointment of standby counsel was consistent with a
defendant's Faretta right to proceed pro se, so long as standby counsel
did not stifle the defendant's ability to preserve actual control over the case
and to maintain the appearance of pro se representation. The child must have an opportunity to consult
with standby counsel during every stage of the proceedings. State v. Richards, 495 N.W.2d 187 (
Minn. R. Juv. Del. P. 3.02, subd. 2
requires a court to appoint counsel for a child charged with a misdemeanor
unless that child affirmatively waives counsel as provided in Minn. R. Juv. Del. P. 3.04. Minn. R. Juv. Del. P. 3.02, subd. 3
requires the appointment of counsel or standby counsel in any proceeding in
which out‑of‑home placement is proposed, and further limits those
cases in which a child may waive the assistance of counsel without the
appointment of standby counsel. In Argersinger
v. Hamlin, 407
In State v. Borst, 278 Minn. 388,
154 N.W.2d 888 (1967), the Minnesota Supreme Court, using its inherent
supervisory powers, anticipated the United States Supreme Court's Argersinger
and Scott decisions, and shortly after Gideon required the appointment
of counsel even in misdemeanor cases "which may lead to incarceration in a
penal institution."
At the very least, Minn.
R. Juv. Del. P. 3.02, subd. 3 places the prosecution and court
on notice that out‑of‑home placement may not occur unless counsel
or standby counsel is appointed. For
example, a child appearing on a third alcohol offense faces a dispositional
possibility of out-of-home placement, but cannot be placed out of the home if
the child is not represented by counsel unless the child is given the
opportunity to withdraw the plea or obtain a new trial. See
Minnesota Statutes, section 260B.007,
subd. 16 defines "juvenile petty offenses," and converts most
offenses that would be misdemeanors if committed by an adult into petty
offenses. Minn. R. Juv. Del. P. 3.02, subd. 5 and 17.02 explain when a juvenile
petty offender is entitled to court-appointed counsel. If a child is charged as a juvenile petty
offender, the child or the child's parents may retain and be represented by
private counsel, but the child does not have a right to the appointment of a
public defender or other counsel at public expense. The denial of access to court-appointed
counsel is based on the limited dispositions that the juvenile court may impose
on juvenile petty offenders. Minnesota
Statutes, section 260B.235, subd. 4 (2002).
However, children who are charged with a third or subsequent juvenile
alcohol or controlled substance offense are subject to out-of-home placement
and therefore have a right to court-appointed counsel, despite their status as
juvenile petty offenders. If the court
is authorized to impose a disposition that includes out-of-home placement, then
the provisions of Minn. R.
Juv. Del. P. 3.02, subd. 5 and 17.02 are applicable and provide the
child a right to counsel at public expense.
Minn. R. Juv. Del. P. 3.02, subd. 6 is an exception to the prohibition
of appointment of counsel at public expense for a juvenile traffic or juvenile
petty offender. If such a child is
detained, at any hearing to determine if continued detention is necessary, the
child is entitled to court-appointed counsel if unrepresented because
substantial liberty rights are at issue.
Minn. R. Juv. Del. P. 3.02, subd. 7 is an exception to the prohibition
of appointment of counsel at public expense for a juvenile traffic or juvenile
petty offender. As soon as any child is
alleged to be incompetent to proceed, that child has a right to be represented
by an attorney at public expense for the proceeding to determine whether the
child is competent to proceed.
Substantial liberty rights are at issue in a competency proceeding. A finding of incompetency is a basis for a
Child in Need of Protection or Services adjudication and possible out-of-home
placement. Minnesota Statutes, sections
260C.007, subd. 6(15) and 260C.201 (2002).
See also
Minn. R. Juv. Del. P. 3.03 regarding advising children of the perils
of dual representation is patterned after Minn. R. Crim. P. 17.03, subd. 5.
Minn. R. Juv. Del. P. 3.04 prescribes the circumstances under
which a child charged with an offense may waive counsel. The validity of relinquishing a
constitutional right is determined by assessing whether there was a
"knowing, intelligent, and voluntary waiver" under the "totality
of the circumstances." See, e.g.,
Fare v. Michael C., 442
While recognizing a right to waive counsel
and proceed pro se, Minn. R.
Juv. Del. P. 3.02 requires juvenile courts to appoint standby
counsel to assist a child charged with a felony or gross misdemeanor, or where
out‑of‑home placement is proposed, and to provide temporary counsel
to consult with a child prior to any waiver in other types of cases. See, e.g., State v. Rubin, 409
N.W.2d 504, 506 (Minn. 1987) ("[A] trial court may not accept a guilty plea to a felony or gross misdemeanor
charge made by an unrepresented defendant if the defendant has not consulted
with counsel about waiving counsel and pleading guilty"); Jones,
266 N.W.2d 706 (standby counsel available to and did consult with defendant
throughout proceedings and participated occasionally on defendant's behalf); Burt,
256 N.W.2d at 635 ("One way for a trial court to help ensure that a
defendant's waiver of counsel is knowing and intelligent would be to provide a
lawyer to consult with the defendant concerning his proposed waiver").
In State v. Rubin, the court
described the type of "penetrating and comprehensive examination"
that must precede a "knowing and intelligent" waiver and strongly
recommended the appointment of counsel "to advise and consult with the
defendant as to the waiver." See
also
To determine whether a child
"knowingly, intelligently, and voluntarily" waived the right to
counsel, Minn. R. Juv. Del. P.
3.04, subd. 1 requires the court to look at the
"totality of the circumstances," which includes but is not limited to
the child's age, maturity, intelligence, education, experience, and ability to
comprehend and the presence and competence of the child's parent(s), legal
guardian or legal custodian. In
addition, the court shall decide whether the child understands the nature of
the charges and the proceedings, the potential disposition that may be imposed,
and that admissions or findings of delinquency may be valid even without the
presence of counsel and may result in more severe sentences if the child
re-offends and appears again in juvenile court or in criminal court. United States v. Nichols, 511
Even though a child initially may waive
counsel, the child continues to have the right to counsel at all further stages
of the proceeding. Minn. R. Juv. Del. P. 3.05 requires that
at each subsequent court appearance at which a child appears without counsel,
the court shall again determine on the record whether or not the child desires
to exercise the right to counsel.
Minn. R. Juv. Del. P. 3.06 prescribes the standard to be applied by
the court in determining whether a child or the child's family is sufficiently
indigent to require appointment of counsel.
The standards and methods for determining eligibility are the same as
those used in the
Minn. R. Juv. Del. P. 3.06, subd. 2 provides that if the
parent(s) of a child can afford to retain counsel but have not done so and the
child cannot otherwise afford to retain counsel, then the court shall appoint
counsel for the child. When parents can
afford to retain counsel but do not do so and counsel is appointed for the
child at public expense, in the exercise of its sound discretion, the court may
order reimbursement for the expenses and attorney's fees expended on behalf of
the child. Minnesota Statutes, section
260B.331, subd. 5 (2002) ("[T]he court may inquire into the ability of the
parents to pay for such counsel's services and, after giving the parents a
reasonable opportunity to be heard, may order the parents to pay attorneys
fees"). See, e.g., In re
M.S.M., 387 N.W.2d 194, 200 (Minn. Ct. App. 1986).
Minn. R. Juv. Del. P. 3.07 implements the rights of a child's
parent(s), legal guardian or legal custodian to participate in hearings
affecting the child. After a child has
been found to be delinquent and state intervention potentially may intrude upon
the parent's custodial interests in the child, the parent(s) have an
independent right to the assistance of counsel appointed at public expense if
they are eligible for such services.
Rule 4.01
Search Warrants Upon Oral Testimony
Issuance of search warrants based on oral testimony
is governed by Minnesota Rules of Criminal Procedure 33.06 and 36, except as
modified by this Rule. If the focus of
the warrant pertains to a juvenile, the court may designate on the face of the
warrant that it shall be filed in the juvenile court. When so designated, the original warrant, the
duplicate original warrant, the certified transcript of the oral application
for the warrant, any longhand verbatim record, and any related documents shall
be deemed to be a juvenile court record under Rule 30.
Issuance
of search warrants based upon written application is governed by Minnesota
Statutes, sections 626.04 through 626.18 and Minnesota Rules of Criminal
Procedure 33.04, except as modified by this Rule. If the focus of the warrant pertains to a
juvenile, the court may designate on the face of the warrant that it shall be
filed in the juvenile court. When so
designated, the search warrant, warrant application, affidavit(s) and
inventories, including statements of unsuccessful execution and documents
required to be served shall be deemed to be a juvenile court record under Rule 30.
Rule 4.03 Warrants for Immediate Custody
Subdivision
1. Probable Cause Required.
Probable cause may be established by facts set forth in writing attached
to the charging document, by facts set forth in the charging document, by
affidavit(s) attached to the charging document, or by sworn testimony presented
to the court on the record.
Subd.
2. Warrant. The court may issue a warrant for immediate
custody of a delinquent child or a child alleged to be delinquent if the court
finds that there is probable cause to believe that the child has committed a
delinquent act as defined by Minnesota Statutes, section 260B.007, subdivision
6, and:
(A) the child failed to appear after
having been personally served with a summons or subpoena, or reasonable efforts
to personally serve the child have failed, or there is a substantial likelihood
that the child will fail to respond to a summons; or
(B) the child or others are in danger of
imminent harm; or
(C) the child has left the custody of the
detaining authority without permission of the court; or
(D) the child has violated a court order;
or
(E) the child has violated the terms of
probation.
Subd.
3. Warrant for Juvenile Petty or Traffic Offenses. The court may only issue a warrant for
immediate custody of a juvenile petty or juvenile traffic offender or a child
alleged to be a juvenile petty or juvenile traffic offender if the court finds
that there is probable cause to believe that:
(A) the child has committed a juvenile
petty offense as defined by Minnesota Statutes, section 260B.007, subdivision
16 or a juvenile traffic offense as defined by Minnesota Statutes, section
260B.225; and
(B) the child failed to appear after
having been personally served with a summons or subpoena, reasonable efforts to
personally serve the child have failed, or there is a substantial likelihood
that the child will fail to respond to a summons.
Subd.
4. Contents of Warrant for Immediate Custody. A warrant for immediate custody shall be signed by a judge and shall:
(A) order the child to be brought immediately
before the court or the child to be taken to a detention facility designated by
the court to be detained pending a detention hearing or the child to be
transferred to an individual or agency, including but not limited to any
welfare agency or hospital as the welfare of the child might require;
(B) state the name and address of the child, or
if unknown, designate the child by any name or description by which the child
can be identified with reasonable certainty;
(C) state the age and sex of the child, or, if
the age of the child is unknown, that the child is believed to be of an age
subject to the jurisdiction of the court;
(D) state the reasons why the child is being
taken into custody;
(E) where applicable, state the reasons for a
limitation on the time or location of the execution of the warrant; and
(F)
state the date when issued, and the county and court where issued.
Subd. 5. Who May Execute. The warrant for
immediate custody may only be executed by a peace officer authorized by law to
execute a warrant.
Subd. 6.
How Executed. The warrant for immediate custody shall be
executed by taking the child into custody.
Subd. 7.
Where Executed. The warrant for immediate custody may be
executed at any place in the state except where prohibited by law, unless the
judge who issues the warrant limits in writing on the warrant the location
where the warrant may be executed.
Subd. 8.
When Executed. A warrant may be executed at any time unless
the judge who issues the warrant limits in writing on the warrant the time
during which the warrant may be executed.
If the offense is a misdemeanor, petty offense or juvenile traffic
offense, the child may not be taken into custody on Sunday or between the hours
of 10:00 p.m. and 8:00 a.m. on any other day except by direction of the judge.
Subd. 9.
Possession of Warrant. A warrant for immediate custody need not be
in the peace officer's possession at the time the child is taken into custody.
Subd. 10.
Advisory. When a warrant is executed, the child and the
child's parent(s), legal guardian or legal custodian, if present, shall
immediately be informed of the existence of the warrant for immediate custody
and as soon as possible of the reasons why the child is being taken into
custody.
If the child fails to appear in response
to a summons without reasonable cause, then the court may issue a warrant to
take the child into immediate custody pursuant to Minn. R. Juv.
Del. P. 4.03, subd. 2. See
Minnesota Statutes, section 260B.154 (2002).
Probable cause is required for every warrant issued. Before the court may issue a warrant, it
shall make a finding of probable cause based on the contents of the charging
document, any supporting affidavits or sworn supplemental testimony to believe that the child committed an act
governed by Minnesota Statutes, section 260B.007, subds. 6 or 16, or
Minn. R. Juv. Del. P. 4.03,
subd. 4 prescribes the contents of the warrant.
When a child is taken into custody, a detention hearing shall commence
pursuant to
Minn. R. Juv. Del. P. 5.07 within thirty-six (36) hours, excluding Saturdays, Sundays, and
holidays, or within twenty-four hours, excluding Saturdays, Sundays, and
holidays, if the child is detained in an adult jail or municipal lockup.
Under Minn. R. Juv. Del.
P. 4.03, subd. 5, a warrant may be executed
only by a peace officer. Limitations on the manner of execution are the same as
those set out in
Rule 5.01
Scope and General Principles
Rule 5 governs all
physical liberty restrictions placed upon a child before trial, disposition, or
pending a probation violation hearing.
For purposes of this Rule, the day of the act or event from which the
designated period of time begins to run shall be included.
Subdivision 1. Detention. Detention includes all liberty
restrictions that substantially affect a child's physical freedom or living
arrangements before trial, disposition or pending a probation violation
hearing. A child's physical liberty is
restricted when
(A) the child
is taken into custody;
(B) the court
orders detention of the child;
(C) the court
orders out-of-home placement; or
(D) the court
orders electronic home monitoring or house arrest with substantial liberty
restrictions.
Subd. 2.
Detaining Authority. The detaining officer, the detaining
officer's supervisor, the person in charge of the detention facility, the
prosecuting attorney or the court is a detaining authority for the purposes of
this rule.
Subd. 3.
Place of Detention. A place of detention can be any one of the
following places:
(A) the child's home subject to electronic home
monitoring or house arrest with substantial liberty restrictions;
(B) a foster care or shelter care facility;
(C) a secure detention facility;
(D) a detoxification, chemical dependency, or
psychiatric facility;
(E) an adult jail; or
(F) any other place of detention.
Subdivision 1. Presumption for Unconditional Release. The child shall
be released unless:
(A) the child
would endanger self or others;
(B) the child
would not appear for a court hearing;
(C) the child
would not remain in the care or control of the person into whose lawful custody
the child is released; or
(D) the
child's health or welfare would be immediately endangered.
There is a
presumption that a child will not appear for a court hearing when the person to
whom the child is to be released refuses to sign a written promise to bring the
child to court.
Subd. 2.
Detention Factors. The following
non-exclusive factors may justify a decision to detain a child:
(A) the child
is charged with the misdemeanor, gross misdemeanor or felony offense of arson, assault, prostitution or a criminal
sexual offense;
(B) the child
was taken into custody for an offense which would be a presumptive commitment to
prison offense if committed by an adult, or a felony involving the use of a
firearm;
(C) the child was taken into custody for
additional felony charges while other delinquency charges are pending;
(D) the child was taken into custody for a felony
and, as a result of prior delinquency adjudication(s), has received an
out-of-home placement;
(E) the child was an escapee from an institution
or other placement facility to which the court ordered the child;
(F) the child has a demonstrable recent record of
willful failure to appear at juvenile proceedings;
(G) the child is a fugitive from another
jurisdiction; or
(H) the above factors are not met but the
detaining authority documents in writing, objective and articulable reasons why
the child's welfare or public safety would be immediately endangered if the
child were released.
Subd. 3.
Discretion to Release Even if One or More Factors are Met. Even if a child
meets one or more of the factors in Rule 5.03, subdivisions 1 and 2, the detaining authority
has broad discretion to release that child before the detention hearing if
other less restrictive measures would be adequate.
Subd. 4.
Factors Which Can Not Support Detention Decision. In deciding
whether detention is justified, the detaining authority shall not consider the
child or the child's family's race, color, gender, sexual orientation,
religion, national origin, economic or public assistance status, family
structure or residential mobility.
Rule 5.04
Release or Continued Detention
Subdivision 1. For Child Taken Into Custody Pursuant to
Court Order or Warrant.
(A) Detention Required. Unless the court orders an earlier release,
the child may be detained for thirty-six (36) hours after being taken into
custody, excluding Saturdays, Sundays and holidays.
(B) When Release is Mandatory. Unless the time for the detention hearing is
extended by twenty-four (24) hours pursuant to Rule 5.07, subdivision 7, the child shall
be released no later than thirty-six (36) hours after being taken into custody,
excluding Saturdays, Sundays and holidays, unless the court orders continued
detention following a detention hearing commenced within that time period.
Subd. 2.
For Child Taken Into Custody Without a Court Order or Warrant.
(A) Exception Permitting Detention. The officer taking a child into custody
without a court order or warrant shall release the child unless the officer
reasonably believes, after consideration of the factors set out in Rule 5.03, that
(1)
the child would endanger self or others;
(2)
the child would not appear for a court hearing;
(3)
the child would not remain in the care or control of the person into
whose lawful custody the child is released; or
(4)
the child's health or welfare would be immediately endangered.
There is a
presumption that a child will not appear for a court hearing when the person to
whom the child is to be released refuses to sign a written promise to bring the
child to court.
(B) Discretionary Release Any Time Before
Detention Hearing. The detaining
authority has discretion to release a child any time before the detention
hearing if other less restrictive measures would be adequate.
(C) When Release is Mandatory. Unless the time for the detention hearing is
extended by twenty-four (24) hours pursuant to Rule 5.07, subdivision 7, the child shall
be released no later than thirty-six (36) hours after being taken into custody,
excluding Saturdays, Sundays and holidays, unless the court orders continued
detention following a detention hearing commenced within that time period.
Subd. 3.
Child Taken Into Custody and Placed in an Adult Jail or Municipal
Lockup.
(A) Generally. The child shall be released no later than
twenty-four (24) hours after being taken into custody, excluding Saturdays,
Sundays and legal holidays, unless within that time period, a charging document
has been filed with the court and the court has determined at a detention
hearing that the child shall remain detained. If the court's decision at the
detention hearing is that the child shall remain detained, the child shall be
detained at an appropriate juvenile facility.
The court may extend the time for a detention hearing for good cause
pursuant to Rule 5.07, subdivision 7 only if a
charging document has been filed with the court within twenty-four (24) hours
of the child being taken into custody, excluding Saturdays, Sundays and legal
holidays.
(B) Adult
Jail or Municipal Lockup in a Standard Metropolitan Statistical Area. If the jail or municipal lockup is in a
standard metropolitan statistical area, the child shall be held no longer than
six (6) hours after the child was taken into custody including Saturdays,
Sundays and holidays unless a charging document has been filed with the court
within that time period and the court has determined after a detention hearing
that the child shall remain detained. If
the court's decision at the detention hearing is that the child shall remain
detained, the child shall be detained at an appropriate juvenile facility. The time for a detention hearing shall not be
extended.
Subd. 4.
Probable Cause Determination.
(A) Time Limit. The child shall be released
no later than forty-eight (48) hours after being taken into custody without a
court order or warrant signed by a judge, including the day the child was
detained, Saturdays, Sundays and legal holidays, unless the court determines
there is probable cause to believe the child committed the offense(s) alleged.
(B) Application and Record. The facts establishing probable cause to
believe the offense(s) was committed and that the child committed the
offense(s) shall be presented to the judge upon oath, either orally or in
writing. Oral testimony shall be
recorded and retained by the judge.
Written facts may be presented to the judge by telephone, facsimile,
video, or other similar device. If
probable cause is determined on written facts and the judge is not personally
present to sign the determination, the document shall be presented to the judge
for signature within two (2) business days.
The judge shall be advised if a prior request for a probable cause
determination was made and turned down relative to the same incident.
(C) Approval of Prosecuting Attorney. No request for a probable cause determination
may proceed without approval by the prosecuting attorney. The person requesting the probable cause
determination shall, under oath, state that the prosecutor approves the request.
If the prosecutor is unavailable, the court may make the probable cause
determination if the matter should not be delayed.
(D) Determination. After the information is presented, the court
shall determine whether there is probable cause to believe an offense(s) was
committed and that the child committed the offense(s). If probable cause is found, the court may
order continued detention pursuant to Rule 5, and release the child with
conditions or with no conditions. A
written determination of probable cause shall be filed with the court and a
copy provided to the child and child's counsel.
Subd. 5.
Release of Any Child at Any Time by the Court and Conditions of Release. Only the court
may impose conditions of release. The
court at any time may release a child and may impose one or more of the
following conditions:
(A) require
the parent(s), legal guardian, legal custodian or child to post bail;
(B) place
restrictions on the child's travel, associations or place of abode during the
period of the child's release; or
(C)
electronic home monitoring or any other conditions deemed reasonably necessary
and consistent with factors for detaining the child.
Unless the
time for the detention hearing is extended by twenty-four (24) hours pursuant
to Rule 5.07, subdivision 7, all conditions
of release which restrict the physical liberty of a child terminate after thirty-six (36) hours
excluding Saturdays, Sundays and legal holidays unless a detention hearing has
commenced and the court has ordered continued detention.
Subd. 6.
Release to Custody of Parent or Other Responsible Adult. A child released
from a place of detention shall be released to the custody of the child's
parent(s), legal guardian, or legal custodian if deemed appropriate by the
detaining authority. If these
individuals are unavailable or deemed inappropriate, the detaining authority
may release the child to a member of the extended family or kinship network or
other suitable adult deemed appropriate by the detaining authority and
acceptable to the child.
Subdivision 1. Report by Detaining Authority. When a child has
been detained, the detaining officer or his agent shall file a signed report
with the court and deliver a copy to the supervisor of the facility containing
the following information:
(A) the time
the child was taken into custody and the reasons why the child was taken into
custody;
(B) the time
the child was delivered to the place of detention and the reasons why the child
is being held there;
(C) a
statement that the child and the child's parent(s), legal guardian or legal
custodian have received the notification required by Minnesota Statutes,
section 260B.176, subdivisions 3 and 5, including the advisory that every child
at a detention hearing has a right to counsel at public expense pursuant to Rule 3.02, subdivision 6, and the time
such notification was given to each or the efforts made to notify them.
Subd. 2.
Report by Supervisor of the Secure Detention Facility or Shelter Care
Facility. When a child has been delivered to a secure
detention facility or shelter care facility, the supervisor of the facility
shall file with the court a signed report acknowledging receipt of the child
and containing a statement that the child and the child's parent(s), legal
guardian or legal custodian have received the notification required by
Minnesota Statutes, section 260B.176, subdivisions 3 and 5 and the time such
notification was given to each or the efforts made to notify them.
Subd. 3.
Timing of Reports. The reports shall be filed with the court on
or before the court day following detention of the child or by the time of the
detention hearing, whichever is earlier.
Subd. 4.
Notice to Child’s Counsel; Child’s Counsel Access to Child and Reports. If a child is
detained pending a detention hearing in a place of detention other than home
detention or at home on electronic home monitoring, the court administrator
shall give the Office of the Public Defender or the child's attorney, if
privately retained, notice that the child is in custody, notice of the
detention hearing and provide copies of the reports filed with the court by the
detaining officer and the supervisor of the place of detention. Child’s counsel shall have immediate and
continuing access to the child.
Rule 5.06
Identification Procedures
Subdivision 1. Photographing.
(A) Generally. A detained child may be photographed when the
child is taken into custody in accordance with the laws relating to
arrests. All children in custody alleged
to have committed a felony or gross misdemeanor shall be photographed without a
court order.
(B) Report.
A report stating the name of the child photographed and the date the
photograph was taken shall be filed with the court.
Subd. 2.
Fingerprinting.
(A) Generally. All children in custody alleged to have
committed a felony or gross misdemeanor shall be fingerprinted without court
order. Otherwise, a court order is
required pursuant to Rule 10.
(B) Report.
A report stating the name of the child fingerprinted and the date of the
fingerprinting shall be filed with the court.
Subd. 3.
Line-Up.
(A) Generally. A detained child may be placed in a
line-up. A child may choose not to
participate in a line-up which is not related to the matter for which the child
is detained unless ordered by the court to appear in a line-up pursuant to Rule 10.05, subdivision 2(A).
(B) Right to Counsel During Line-Up for Child
Alleged to be Delinquent. A child
has the right to have counsel present when placed in a line-up related to a
delinquent act for which the child has been taken into custody unless exigent
circumstances exist such that providing counsel would unduly interfere with a
prompt investigation of the crime. When
a delinquency petition has been filed, counsel for the child shall be present
for any line-up. Any identification
evidence obtained without the presence of counsel shall be inadmissible, unless
the line-up occurred before the filing of the petition and exigent
circumstances existed preventing the presence of counsel.
(C) Report.
A report stating the name of the children who participated in the
line-up and the date of the line-up shall be filed with the court.
Subdivision 1. Time and Filing. For a child
detained in a secure juvenile detention facility or shelter care facility, the
court shall commence a detention hearing within thirty-six (36) hours of the
time the child was taken into custody, excluding Saturdays, Sundays, and
holidays, unless a charging document has been filed and the judge or referee
determines pursuant to Minnesota Statutes, section 260B.178 that the child
shall remain in detention. For a child
detained in an adult jail or municipal lockup, the court shall commence a
detention hearing within twenty-four (24) hours of the time the child was taken
into custody, excluding Saturdays, Sundays, and holidays, or within six (6)
hours of the time the child was taken into custody if the child is detained in
an adult jail or municipal lockup in a standard metropolitan statistical area,
including Saturdays, Sundays, and holidays, unless a charging document has been
filed and the judge or referee determines pursuant to Minnesota Statutes,
section 260B.178 that the child shall remain in detention.
The following
documents shall be filed with the court before the detention hearing:
(A) a report
or reports that the child is being held in detention filed pursuant to Rule 5.05; and
(B) a
charging document with probable cause.
Subd. 2.
Notice.
(A) Child, Child's Counsel, Prosecuting
Attorney, Child's Parent(s), Legal Guardian or Legal Custodian and Spouse of
the Child. The court shall inform
the child, the child's counsel, the prosecuting attorney, the child's
parent(s), legal guardian or legal custodian and spouse of the child of the
time and place of the detention hearing pursuant to Rule 25. Failure to inform the parent(s),
legal guardian or legal custodian or spouse of the child or their absence at
the hearing shall not prevent the hearing from being conducted or invalidate an
order of detention.
(B) Victim.
If a detained child is charged with a crime of violence against a person
or attempting a crime of violence against a person, the court administrator
shall make reasonable and good faith efforts to notify the victim of the
alleged crime of:
(1) the time and place of the
detention hearing;
(2) the name and telephone number of
a person that can be contacted for additional information; and
(3) the right of the victim and
victim's family to attend the detention hearing.
If the victim
is incapacitated or deceased, notice must be given to the victim's family. If the victim is a minor, notice must be
given to the victim's parent, legal guardian or legal custodian.
Subd. 3.
Advice of Rights. At the beginning of the detention hearing,
the court shall advise all persons present of:
(A) the
reasons why the child was taken into custody;
(B) the
allegations of the charging document;
(C) the
purpose and scope of the detention hearing;
(D) the right
of the child to be represented by counsel at the detention hearing and at every
other stage of the proceedings, and the right of a child alleged to be
delinquent to counsel at public expense; and
(E) the right
of the child to remain silent.
Subd. 4.
Evidence. The court may admit any evidence including
reliable hearsay and opinion evidence that is relevant to the decision whether
to detain the child. The court may not
admit evidence of privileged communications.
Subd. 5.
Findings Necessary for Continued Detention. A court may
detain a child beyond the time set in subdivision 1 of this rule if, after a
hearing, the court finds:
(A) probable
cause to believe the child committed the offense(s) alleged pursuant to Rule 5.04, subdivision 4; and
(B) there is
reason to believe that if the child were released, after consideration of the
factors set forth in Rule
5.03,
that:
(1) the child would endanger self or
others;
(2) the child would not appear for a
court hearing;
(3) the child would not remain in
the care or control of the person into whose lawful custody the child is
released; or
(4) the child's health or welfare
would be immediately endangered.
There is a
presumption that a child will not appear for a court hearing when the person to
whom the child is to be released refuses to sign a written promise to bring the
child to court.
Subd. 6.
Order.
(A) Release.
The child shall be released if the findings required by Rule 5.07, subdivision 5 are not made.
(B) Detention. If the findings required by Rule 5.07, subdivision 5 are made,
the court may order continued detention or release with the posting of bail or
bond and other conditions deemed appropriate by the court.
(C) Notice of Next Hearing. On the record, the court shall advise all
persons present of the date, time, and place of the next hearing. If persons entitled to participate at the
next hearing are not present, the court shall provide those persons with
notification of the next hearing by written notice of hearing. If the child is released, the child may be
required to sign a promise to appear.
Subd. 7.
Extension of Time for Detention Hearing.
For good cause shown, the
court may extend the time for a detention hearing by twenty-four (24) hours on
written application of the prosecuting attorney, if the application for
extension is filed with the court within the time prescribed by this rule. The court may extend the time for one
additional twenty-four (24) hour period upon a second written application being
filed within the extended time previously ordered by the court.
Subdivision 1. Informal Review. An informal review of detention shall be
made by the court every eight (8) days, excluding Saturdays, Sundays, and holidays,
of the child’s detention. If the
circumstances justifying detention have not changed, detention may be
continued. If the circumstances
justifying detention have changed, detention may be modified with consent of
the child, child's counsel, and the prosecuting attorney.
Subd. 2.
Formal Review. The court may schedule a formal review of
detention at any time.
(A) Request by Child, Child's Counsel or
Prosecuting Attorney. If the court
finds a substantial basis exists for the request to schedule a hearing to
review detention, a hearing shall be scheduled as soon as possible, and at
least within eight (8) days of the request.
(B) Notice. The person requesting a formal
review shall make the request by motion as provided in Rule 27.
(C) Relevant Evidence. Subject to
constitutional limitations and privileged communications, the court may admit
any evidence, including reliable hearsay and opinion evidence that is relevant
to the decision regarding continued detention of the child.
(D) Continued Detention. The court may continue the child in detention
if the court makes findings pursuant to Rule 5.07, subdivision 5.
There is a presumption in favor of
releasing an accused child unconditionally.
If the child cannot be released unconditionally, the least restrictive
liberty restriction is favored. The
American Bar Association's Juvenile Justice Standards Relating to Interim
Status: The Release Control, and
Detention of Accused Juvenile Offenders Between Arrest and Disposition
(1980) describes the general principles governing liberty restrictions. These
general principles and policy considerations do not determine the outcomes of
specific cases. Rather, they provide the
process framework within which law enforcement and intake personnel,
prosecuting attorneys and judges decide individual cases. When these decision makers decide whether or
not to place a child in detention or to impose other physical liberty restrictions,
the following policy considerations apply:
to the greatest extent possible, any interim liberty restrictions should
respect the autonomy interests of the accused child and family, ensure equality
of treatment by race, class, ethnicity, and sex, ensure the child promptly
receives access and continuing access to legal assistance, protect the child's
access to education to the extent reasonably possible, and ensure public
safety.
The primary concern of this rule is a
child's physical liberty and living arrangements pending trial and disposition. For purposes of this rule, other non-physical
limitations on a child's autonomy, such as a court order to avoid contact with
victims or witnesses, to attend school, to remain under the control of parents
or custodians, or the like, do not constitute liberty restrictions that
invoke either the procedures of this rule or the expedited timing of procedures
for youths physically detained or restricted.
Minnesota Statutes, section 260B.154
(2002) authorizes the court to issue a warrant for immediate custody for a
child who fails to appear in court in response to a summons. Minnesota Statutes, section 260B.175 (2002)
authorizes a child to be taken into custody: 1) when the child has failed to
obey a summons or subpoena; 2) pursuant
to the laws of arrest; or 3) by a peace officer or probation or parole officer
when it is reasonably believed that the child has violated the terms of
probation, parole, or other field supervision.
Minn. R. Juv. Del. P. 5.07 defines the circumstances under which a
child is subject to continuing physical restraints. Minnesota Statutes, section 260B.176 (2002)
authorizes a detention hearing and provides the statutory framework that
governs this rule.
Minn. R. Juv. Del. P. 5.02, subd. 3 defines the places in which a
child's liberty is restricted. A child's
liberty is restricted when the child is placed at home, but his or her physical
mobility is limited by electronic home monitoring, or house arrest with
substantial liberty restrictions. In
addition, the provisions of this rule apply whenever, prior to disposition, the
child is placed outside of the home, whether or not the placement is in a
secure facility. Thus, a child's liberty
is restricted when placed in a foster care (Minnesota Statutes, section
260B.007, subd. 7 (2002)) or shelter care facility (Minnesota Statutes, section
260B.007, subd. 15 (2002)), in a detoxification or mental health treatment
facility, in a secure detention facility (Minnesota Statutes, section 260B.007,
subd. 14 (2002)), in an adult jail or lock-up, or other place of
detention. A child who is returned to an
out-of-home placement which was made voluntarily or pursuant to a CHIPS
proceeding is not "detained" for the purposes of this rule.
Minn. R. Juv. Del. P. 5.03, subd. 1 establishes a general presumption
in favor of unconditional release for all children taken into custody. Minn. R. Juv. Del. P. 5.03, subd. 2 provides some non-exclusive
evidentiary guidelines by which detaining authorities can decide whether a
child meets the criteria for detention.
Under Minn. R. Juv. Del. P. 5.03, subd. 2, the detaining authority may
detain a child if it believes or the court finds that the child poses a danger
to other people because the child is charged with a presumptive commitment to
prison offense. The presumptive
commitment to prison offenses are enumerated under Section V, Offense Severity
Reference Table of the
Minn. R. Juv. Del. P. 5.03 governs the initial custody decisions
affecting a juvenile by the police, detention and court intake personnel, and
the prosecuting attorney. Minn. R. Juv. Del. P. 5.04, subd. 1
governs the liberty restrictions on a child taken into custody pursuant to a
court order or warrant. Minn. R.
Juv. Del. P. 5.04, subd. 2 governs the liberty restrictions of a
child taken into custody by a peace officer or other person, and then brought
to a detention facility or other place of custody.
Minn. R. Juv. Del. P. 5.04, subd. 3 is based upon
Minn. R. Juv. Del. P.
5.04, subd. 4 is based upon
Minn. R. Juv. Del. P. 5.05, subd. 4 requires the court administrator
to notify the office of the Public Defender that a child is in custody and the
time of the detention hearing and to provide facsimile copies of all reports
transmitted to the court. If a specific
attorney has been assigned to represent the child, that attorney should receive
notice. In jurisdictions where public
defenders rotate, notice to the chief public defender would be sufficient.
Minn. R. Juv. Del. P. 5.06, subd. 1 implements the provision of
Minnesota Statutes, section 299C.10 (2002), which requires peace officers to
take the fingerprints and photograph of a child taken into custody according to
the laws of arrest, pursuant to Minnesota Statutes, section 260B.175, subd.
1(b) (2002). Any photograph taken of a
child must be destroyed when the child reaches the age of 19 years. Minnesota Statutes, section 260B.171, subd.
5(c) (2002). Minn. R. Juv. Del. P. 5.06, subd. 2 implements the provisions of
Minnesota Statutes, section 299C.10 (2002) which requires law enforcement
personnel to take the fingerprints of all juveniles arrested or charged with
felony- or gross misdemeanor-level offenses.
Minn. R. Juv. Del. P. 5.06, subd. 3 implements the policies of U.S.
v. Wade, 388
Minn. R. Juv. Del. P. 5.07 implements Minnesota Statutes, section
629.725 (2002) by providing that, in addition to giving notice to the child,
child's counsel, prosecuting attorney, child's parent(s), legal guardian or
legal custodian and spouse of the child, the court administrator must make a
reasonable and good faith effort to give notice of the time and place of the
detention hearing to the victim if the child is charged with a crime of
violence against a person or attempting a crime of violence against a
person. If the victim is deceased or
incapacitated, the victim's family must receive notice. If the victim is a minor, the victim's parent
or guardian must receive notice.
Minnesota Statutes, section 629.725 (2002). "Crime of
violence" has the meaning given it in
A charging
document is a petition, tab charge or a citation.
Rule 6.02
Tab Charge or Citation
Subdivision 1. Generally. Juvenile petty offenses as
defined by Minnesota Statutes, section 260B.007, subdivision 16, misdemeanors,
juvenile traffic offenses and gross misdemeanors under Minnesota Statutes,
chapter 169A may be charged by tab charge or citation. Before entering a plea of guilty or not
guilty to alleged misdemeanor or gross misdemeanor charge(s), the child may
demand that a petition be filed with the court.
If a petition is demanded, the prosecuting attorney shall have thirty
(30) days to file the petition unless the child is in custody. The prosecuting attorney shall have ten (10)
days to file a petition if a demand is made by a child in custody or the child
shall be released.
Subd. 2. Filing. Before a tab charge
or citation may be filed with the court by the peace officer or attendance
officer who issued the charges, it shall be endorsed by the prosecuting
attorney to permit screening for diversion programs. Filing a tab charge or citation gives the
juvenile court jurisdiction over the matter.
Subd. 3.
Contents of Tab Charge or Citation. Tab charges or citations shall
contain:
(A) the name,
address, date of birth, and race of the child;
(B) the name
and address of the parent, legal guardian or legal custodian of the child;
(C) the
offense charged and a reference to the statute or local ordinance which is the
basis for the charge;
(D) the time and place and county of the
alleged offense.
Subd. 4. Notice of Court Appearance. When a tab
charge or citation is filed with the court, the court administrator shall
promptly schedule the matter for hearing and send notices as provided by Rule 25.
Subdivision 1. Generally.
A child alleged to be
delinquent because of a felony or gross misdemeanor offense (except gross
misdemeanors under Minnesota Statutes, chapter 169A, which may be charged by
tab charge or citation) shall be charged by petition. A child alleged to be delinquent because of a
misdemeanor offense may be charged by petition.
A child charged with a juvenile petty offense or a juvenile traffic
offense may be charged by petition.
Subd. 2.
Filing. Each petition shall be signed by the
prosecuting attorney before it is filed with the court. The signature of the prosecuting attorney
shall be an acknowledgement that the form of the petition is approved and that
reasonable grounds exist to support the petition. A delinquency petition may be filed without
the prosecutor's signature if the prosecutor is unavailable and a judge
determines that filing and the issuance of process should not be delayed.
Subd. 3.
Contents of the Delinquency Petition. Every petition alleging a child
is delinquent shall contain:
(A) a concise
statement alleging the child is delinquent;
(B) a
description of the alleged offense and reference to the statute or ordinance
which was violated;
(C) the
applicable Minnesota Offense Code (MOC);
(D) the name,
date of birth, address, and race of the child;
(E) the names
and addresses of the child's parent(s), legal guardian, legal custodian, or
nearest known relative;
(F) the name
and address of the child's spouse.
Subd. 4.
Separate Counts. A petition may allege separate counts,
whether the alleged delinquent acts arise out of the same or separate
behavioral incidents.
Subd. 5.
Contents of Petition Alleging Juvenile Petty Offender or Juvenile
Traffic Offender. Every petition alleging a child is a juvenile petty
offender or alleging a child is a juvenile traffic offender shall contain:
(A) a concise
statement alleging that the child is a juvenile petty offender or a juvenile
traffic offender;
(B) the name,
address, date of birth, and for juvenile traffic offenders, the drivers license
number of the child, if known;
(C) the name
and address of the parent(s), legal guardian, or legal custodian of the child;
(D) a
description of the offense charged and reference to the statute or ordinance
which is the basis for the charge;
(E) the
applicable Minnesota Offense Code (MOC);
(F) the date,
county, and place of the alleged offense.
Subdivision 1. Permissive. A charging document may be
amended by order of the court at any time:
(A) before
the introduction of evidence at the trial by motion of the prosecuting
attorney; or
(B) after the
commencement of the trial with consent of the child and prosecuting attorney;
or
(C) after
trial but before a finding that the allegations of the charging document have
been proved, upon motion of the prosecuting attorney, if no additional or
different offense is alleged and if substantial rights of the child are not
prejudiced.
Amendments
shall be granted liberally in the interest of justice and the welfare of the
child. If the court orders a charging
document amended, additional time may be granted to the child or prosecuting
attorney to adequately prepare for and ensure a full and fair hearing.
Subd. 2.
Prohibited.
(A) A
charging document alleging a child is delinquent shall not be amended to allege
a child is in need of protection or services.
(B) A
charging document alleging a juvenile petty or traffic offense shall not be
amended to allege the child is delinquent.
(C) A
petition alleging that a child is in need of protection or services shall not
be amended to allege a delinquency, petty offense or juvenile traffic
offense.
(Amended
effective September 1, 2005.)
Subdivision
1. Establishing Probable Cause. The facts establishing probable cause may be
set forth in writing in the charging document or police reports may be attached
to the charging document. If police reports are attached to the charging
document to establish probable cause, the child shall have the right to demand
a statement establishing probable cause with specificity. Once demanded, the prosecuting attorney shall
have ten (10) days to file with the court and serve on opposing counsel, the
specific statement of probable cause.
Probable cause may also be presented by sworn affidavits attached to a
charging document or by sworn testimony presented to the court. If testimony is presented, a verbatim record
of the proceedings shall be made and a transcript of the proceedings prepared
and filed with the court.
Subd. 2.
When Required. There must be a finding of probable cause:
(A) before
the court may issue a warrant pursuant to Rule 4;
(B) before a
detention hearing is held for a child taken into custody without a warrant;
(C) within
ten (10) days of a court order directing the prosecuting attorney to establish
probable cause on the charge(s) alleged in a charging document. The court for any reason may order the
prosecutor to show probable cause and the court shall order the prosecutor to
show probable cause on demand of the child; or
(D) when competency of the child has been
challenged.
Subd. 3.
Dismissal. The court shall dismiss a charging document
when a showing of probable cause has not been made. A dismissal for failure to show probable
cause shall not prohibit the filing of a new charging document and further
proceedings on the new charging document.
Rule 6.06
Procedure on Filing a Charging Document with the Court
Subdivision 1. Dismissal. The court shall dismiss a
charging document if it does not allege an act of delinquency as defined by
Minnesota Statutes, section 260B.007, subdivision 6, a juvenile petty offense
as defined by Minnesota Statutes, section 260B.007, subdivision 16 or a
juvenile traffic offense as defined by Minnesota Statutes, section 260B.225.
Subd. 2.
Arraignment. When a charging document is filed, the court
administrator shall promptly schedule an arraignment on the charging document
and send notices pursuant to Rule 25.
(Amended
effective September 1, 2005.)
Previously, this rule only related to
petitions in juvenile court. Due in
large part to the high volume of gross misdemeanor alcohol related driving
offenses, the law was amended to permit tab charges for these offenses to get
cases to court more promptly.
A citation is defined as a writ issued out
of a court of competent jurisdiction or an order issued by police commanding
the person named to appear on a designated day and respond to a particular
violation. It is most commonly used for
minor offenses such as traffic violations.
Some "tickets" issued by police are called
"citation," some are called "complaint," and some are
called "tab charge." The terms
have become interchanged in everyday use.
In its revision of juvenile statutes, the
legislature also expanded the list of offenses that may be charged by tab
charge rather than petition in juvenile court. See
Minn. R. Juv. Del. P. 6.06, subd. 2 provides that the court
administrator shall promptly schedule the matter for hearing when a charging
document is filed with the court.
Certain offenses may be resolved without a court appearance by mailing
or delivering to the court administrator a payable fine which has been
predetermined by the court. Each
judicial district may establish a list a minor offenses which may be settled by
paying a fine. It is recommended that
the list be made part of or considered by the district in establishing its
dispositional criteria.
Minn. R. Juv. Del. P. 6.03, subd. 2 provides that a petition shall be
signed by the prosecuting attorney before it is filed with the court. Minnesota Statutes, section 260B.141, subd. 1
(2002) provides that any reputable person having knowledge of a child who is a
resident of this state, who appears to be delinquent, may petition the juvenile
court. Minn. R.
Juv. Del. P. 6.03,
subd. 3 sets forth the necessary contents of the petition.
This rule is
not applicable to proceedings on juvenile petty offenses or juvenile traffic
offenses, which are governed by Rule
17.
Arraignment is
a hearing at which the child shall enter a plea in the manner provided in Rule 8.
Upon the filing
of a charging document, the court administrator shall promptly fix a time for
arraignment and send notices pursuant to Rule 25.
Subdivision 1. Child in Custody. The child in custody may be arraigned at a detention
hearing and shall be arraigned no later than five (5) days after the detention
hearing. The child has the right to have
a copy of the charging document for three (3) days before being arraigned.
Subd. 2.
Child Not in Custody. The
child not in custody shall be arraigned not later than thirty (30) days after
the filing of the charging document. The
child has the right to have a copy of the charging document for three (3) days
before being arraigned.
Subdivision 1. Initial Procedure. At the commencement of the hearing, the court shall on
the record:
(A) verify
the name, age, race, and residence of the child who is charged;
(B) determine
whether all necessary persons are present and identify those present for the
record;
(C) determine
whether notice requirements have been met and if not, whether the affected
persons waive notice;
(D) determine
whether the child is either represented by counsel or waives counsel in the
manner provided by Rule 3;
(E) if the
child appears without counsel, and the court determines the child has properly
waived the child's right to counsel, the court shall advise the child of all
trial rights and other rights provided by these rules;
(F) explain
to the child and the child's parent(s), legal guardian or legal custodian, if
present, the child's right to remain silent in this and subsequent appearances
before the court; and
(G) if two or
more children are charged jointly with the same offense, advise the child of
the danger of dual representation pursuant to Rule 3.03.
Subd. 2.
Reading of Allegations of Charging Document. Unless
waived by the child, the court shall read the allegations of the charging
document to the child and determine that the child understands them, and if
not, provide an explanation.
Subd. 3.
Motions. The court shall hear and make findings on any
motions regarding the sufficiency of the charging document, including its
adequacy in stating probable cause of charges made, and the jurisdiction of the
court, without requiring the child to plead guilty or not guilty to the charges
stated in the charging document. A
challenge on probable cause shall not delay the setting of trial proceedings in
cases where the child has demanded a speedy trial.
Subd. 4.
Response to Charging Document. After considering the wishes of the parties to
proceed later or at once, the court may continue the arraignment without
requiring that the child plead guilty or not guilty to charges stated in the
charging document.
Minn. R. Juv. Del. P. 7.04, subd. 1 (G) and Minn. R. Juv. Del. P. 3.03 regarding
advising children of the perils of dual representation are patterned after
Minn. R. Crim. P. 17.03, subd. 5.
Subdivision
1. Juvenile Petty and Traffic
Proceedings. Pleas in juvenile petty
or juvenile traffic proceedings are governed by Rule 17.06.
Subd.
2. Extended Jurisdiction Juvenile
Proceedings. Pleas in extended
jurisdiction juvenile proceedings are governed by Rule 19.10, subdivision 1 and
Minnesota Rules of Criminal Procedure 15.
Subd.
3. Competency Proceedings. Any child subject to competency proceedings
pursuant to Rule 20 shall not be permitted to enter a plea until the court
determines that the child is competent.
If the child
pleads not guilty to charges alleged in the charging document, the court shall
conduct proceedings in accordance with Rules 9 through 16. If the child remains silent when confronted
with charges, or if the court refuses to accept a guilty plea by the child, the
court shall proceed in the same manner as if the child pled not guilty.
Rule 8.03
Plea of Not Guilty Without Appearance
Except when
the child is in detention, the court may permit a written plea of not guilty or
a plea of not guilty on the record to be entered by child's counsel without the
personal appearance of the child, child's parent(s), legal guardian or legal
custodian or their counsel. The child's
counsel shall immediately furnish a copy of the written plea of not guilty to
the prosecuting attorney, either personally or by mail.
Subdivision 1. Waiver of Right to Trial. The court shall not accept a child's plea of
guilty until first determining, the following, under the totality of the
circumstances, and based on the child's statements, whether on the record or
contained in a written document signed by the child and the child's counsel:
(A) Charges in Charging Document; Factual Basis
for Plea. That the child understands
the charges stated in the charging document, and the essential elements of each
charge, and that there is a factual basis for the guilty plea;
(B) Right to Trial. That the child
understands the child's right to have a trial, that is, to require proof of all
elements of each offense stated in the charging document, and that this
includes an understanding of the following related rights:
(1) the right to be presumed innocent of each charge until and unless the petitioner succeeds in proving beyond a reasonable doubt that the child is guilty;
(2) the right to remain silent
during trial proceedings if the child wishes and the right of the child to
testify on the child's own behalf if the child wants to;
(3) the right to call witnesses to testify on the child's behalf, including the right to use court subpoenas to require that witnesses for the child attend the trial; and
(4) the right to hear the testimony
of all witnesses called by the prosecuting attorney, and to cross-examine these
witnesses;
(C) Dispositions. That the child understands the powers of the
court to make a disposition if the court finds that the allegations in the
charging document are proved, including the child's understanding that:
(1) the court's powers range up to
the most severe step of placing custody of the child in an institution;
(2) the court's disposition could be
for a duration ranging upward to the time the child attains age 19; and
(3) the court can modify an initial disposition, even repeatedly, for a term ranging up to the time the child attains age 19; and
(4) the child
understands the potential future consequences if the court finds that the
allegations in the charging document are proved, including the child's
understanding of:
(a) the effect of the finding on sentencing of the child if the child, when an adult, is convicted of an adult offense; and
(b) the effect of the finding in the event the child commits any further offenses while a juvenile, including the prospects for certification of the child for an adult court prosecution or for prosecution in juvenile court as an extended jurisdiction juvenile;
(D) Right to Counsel. If a child charged with a misdemeanor remains
without counsel or with only standby counsel, that the child understands the
continued right to be represented by counsel, and understands that counsel:
(1) could give the child further information and advice on the child’s rights and on the choice to plead guilty or not guilty to the offenses in the charging document; and
(2) could assist the child during a
trial, to protect all rights of the child that arise in the course of a trial;
(E) Free Choice. That any plea of guilty is made freely, and
that no one has made either threats or promises to the child to encourage a
plea of guilty other than those that the parties have disclosed to the court;
and
(F) No
Claim of Innocence. That the child
is not making any claim of innocence.
Subd. 2.
Withdrawal of Plea. The child may, on the record or by written
motion filed with the court, request to withdraw a plea of guilty. The court may allow the child to withdraw a
guilty plea
(A) before
disposition, if it is fair and just to do so, giving due consideration to the
reasons the child gives and any prejudice that withdrawal of the plea would
cause because of actions taken in reliance on the child's plea; or
(B) at any
time, upon showing that withdrawal is necessary to correct a manifest
injustice.
Subd. 3.
Plea to a Lesser Offense or a Different Offense. With the
consent of the prosecuting attorney and the approval of the court, the child
shall be permitted to enter:
(A) a plea of
guilty to a lesser included offense or to an offense of lesser degree, or
(B) a plea of
guilty to a different offense than alleged in the original charging document.
A plea of
guilty to a lesser included offense or to an offense of lesser degree may be
entered without an amendment of the charging document. If a plea to different offense is accepted,
the charging document must be amended on the record or a new charging document
must be filed with the court.
Subd. 4.
Acceptance or Nonacceptance of Plea of Guilty. The court shall
make a finding within fifteen (15) days of a plea of guilty:
(A) that the
plea has been accepted and allegations in the charging document have been proved;
or
(B) that the
plea has not been accepted.
Subd. 5.
Future Proceedings. If the court accepts a plea of guilty and
makes a finding that the allegations in the charging document are proved, the
court shall schedule further proceedings pursuant to Rules 14 and 15.
It is also desirable that the child be asked to
acknowledge by signing the plea petition that the child has read the questions
set forth in the petition or that they have been read to the child; that the
child understands them; that the child gave the answers set forth in the
petition; and that they are true. Suggested forms of the plea petition are
appended to the rules.
Rule
9. Settlement Discussions and Plea
Agreements
In cases in
which it appears that it would serve the interests of the public in the
effective administration of juvenile justice under the principles set forth in
this rule, the prosecuting attorney may engage in settlement discussions for
the purposes of reaching a settlement agreement. If the child is represented, the prosecuting
attorney shall engage in settlement discussions only through the child's
counsel.
Rule 9.02
Relationship between the Child and the Child’s Counsel
The child's
counsel shall conclude a settlement agreement only with the consent of the
child and shall ensure that the decision to enter a guilty plea is ultimately
made by the child.
Rule 9.03
Disclosure of Settlement Agreement
If a
settlement agreement has been reached which contemplates a guilty plea, the
court shall require the disclosure of the agreement and the reasons for it
before the plea. The court shall reject
or accept the plea on the terms of the settlement agreement. The court may postpone its acceptance or
rejection until it has received the results of a pre-disposition report. If the court rejects the settlement
agreement, it shall advise the parties in open court and then ask the child to
either affirm or withdraw the plea.
Rule 9.04
Settlement Discussions and Agreements Not Admissible
If the child
enters a guilty plea which is not accepted or which is withdrawn, neither the
settlement discussions, nor the settlement agreement, nor the plea shall be
received in evidence against or in favor of the child in any subsequent
proceeding against the child.
Rule 10.01 Scope and Application
Rule 10 applies to discovery for
delinquency proceedings, certification hearings and extended jurisdiction
juvenile proceedings and prosecutions. Pursuant to Rule 17.07, this rule may
apply, in the discretion of the court, to juvenile petty and juvenile traffic
proceedings. The discovery procedures
provided for by this rule do not exclude other lawful methods available for
obtaining evidence.
Rule 10.02 Evidence and Identification Disclosure
The
prosecuting attorney shall advise the child's counsel in writing of:
(A) any
evidence against the child obtained as a result of a search, seizure,
wiretapping or any form of electronic or mechanical eavesdropping;
(B) any
confessions, admissions, or statements in the nature
of confessions made by the child;
(C) any
evidence against the child discovered as a result of confessions, admissions or
statements in the nature of confessions made by the child; and
(D) any
identification procedures involving the child, including but not limited to
line‑ups or other observations of the child and the exhibition of
photographs of the child.
The notice
required by this rule shall be provided by the prosecutor within five (5) days
of a not guilty plea by the child. If
child’s counsel makes a demand for disclosure pursuant to this rule, the
disclosures shall be provided within five (5) days of the demand. Evidence which becomes known to the
prosecutor after the deadlines for disclosure provided here, shall immediately
be disclosed to child’s counsel.
Rule 10.03 Notice of Additional Offenses
The
prosecuting attorney shall advise child's counsel of evidence of any additional
offenses that may be offered at the trial under any exclusionary rule
exceptions. Such additional acts shall
be described with sufficient particularity to enable the child to prepare for
the trial. The notice need not include
offenses for which the child has been previously prosecuted, or that may be
offered in rebuttal of character witnesses for the child or as a part of the
occurrence or episode out of which the charges against the child arose. Notice of additional offenses shall be given
at or before the pretrial or omnibus hearing or as soon after those hearings as
the offenses become known to the prosecutor.
If there is no pretrial or omnibus hearing, the notice shall be given at
least seven (7) days before the trial.
Rule 10.04 Disclosure by Prosecuting Attorney
Subdivision 1. Disclosure by Prosecuting Attorney Without
Order of Court. After a charging document is filed, if the
child's counsel makes a request, the prosecuting attorney shall make the
following disclosures
within five (5) days of the receipt of the request:
(A) Trial Witnesses. The prosecuting attorney shall disclose to
the child's counsel the names and addresses of the persons the prosecuting
attorney intends to call as witnesses at the trial, extended jurisdiction
juvenile proceeding or prosecution or certification hearing, together with
their prior record of adult convictions, any prior record of allegations of
delinquency which have been proved and any prior delinquency adjudications within
the actual knowledge of the prosecuting attorney. The prosecuting attorney shall permit the
child's counsel to inspect and copy the witnesses' relevant written or recorded
statements and any written summaries of the substance of relevant oral statements
made by the witnesses to the prosecuting attorney or agents of the prosecuting
attorney within the knowledge of the prosecuting attorney.
(B) Statements of Child and Accomplices. The prosecuting attorney shall disclose and
permit the child's counsel to inspect and copy any relevant written or recorded
statements made by the child and accomplices within the possession or control
of the prosecuting attorney, the existence of which is known by the prosecuting
attorney, and shall provide the child's counsel with the substance of any oral
statements made by the child and accomplices which the prosecuting attorney
intends to offer in evidence at the trial, extended jurisdiction juvenile proceeding or prosecution or certification
hearing.
(C) Documents and Tangible Objects. The prosecuting attorney shall disclose and
permit the child's counsel to inspect and copy books, papers, documents,
photographs and tangible objects that the prosecutor intends to introduce in
evidence at the trial, extended jurisdiction juvenile proceeding or prosecution
or certification hearing, or which were obtained from or belong to the child
and which the prosecuting attorney intends to offer as evidence at the trial,
extended jurisdiction juvenile proceeding or prosecution or certification
hearing. If the prosecuting attorney
intends to offer evidence of buildings or places at the trial, extended
jurisdiction juvenile proceeding or prosecution or certification hearing, the
prosecuting attorney shall permit the child's counsel to inspect and photograph
such buildings or places.
(D) Reports of Examinations and Tests. The prosecuting attorney shall disclose and
permit the child's counsel to inspect and copy any results or reports of
physical or mental examinations, scientific tests, experiments or comparisons
made which are relevant to the case.
(E) Record of the Child. The prosecuting attorney shall inform the
child's counsel of any prior allegations of delinquency which have been proved
and of prior adjudications of delinquency of the child within the possession or
control of the prosecuting attorney.
(F) Special
Education and School Disciplinary Records.
The prosecuting attorney shall disclose and permit the child’s counsel
to inspect and copy all special education and school disciplinary records of
the child, which were transmitted by the agency reporting the crime for
consideration in charging.
(G) Exculpatory Information. The prosecuting
attorney shall disclose to the child's counsel any material or information
within the possession and control of the prosecuting attorney that tends to
disprove the allegation(s).
(H) Scope of the Prosecuting Attorney's
Obligations. The prosecuting
attorney's obligations under this rule extend to material and information in
the possession or control of members of the prosecuting attorney's staff and of
any others who have participated in the investigation or evaluation of the
matter and who report to the prosecuting attorney's office.
Subd. 2.
Disclosure Upon Order of Court. Upon motion of the child's counsel, the court
at any time before trial may require the prosecuting attorney to disclose to
the child's counsel any information requested that is relevant to guilt,
innocence or culpability of the child.
If the motion is denied, the court upon application of the child shall
inspect and preserve any relevant information.
Subd. 3.
Information Not Subject to Disclosure by Prosecuting Attorney.
(A) Opinions, Theories or Conclusions. Unless otherwise provided by these rules, any
legal research, records, correspondence, reports or memoranda to the extent
that they contain the opinions, theories or conclusions of the prosecuting
attorney or members of the prosecuting attorney's staff or officials or agents
of the prosecuting attorney participating in the matter are not subject to
disclosure.
(B) Reports.
Except as provided in Rule 10.04, subdivisions 1, (C)‑(G),
reports, memoranda or internal documents made by the prosecuting attorney or
members of the prosecuting attorney's staff or by agents of the prosecuting
attorney in connection with the matter are not subject to disclosure.
(C) Prosecution Witnesses Under Prosecuting
Attorney's Certificate. The
information relative to the witnesses and persons described in Rule 10.04, subdivisions 1(A) and (B),
shall not be subject to disclosure if approved by the court when the
prosecuting attorney files a written certificate with the court that to do so
may subject the witnesses or persons or others to physical harm or coercion,
provided, however, that non‑disclosure under this rule shall not extend
beyond the time the witnesses are sworn to testify.