Topic: Appeals Process

Question: I was wondering if any of your programs have an appeal process established for when defendants and their parent/guardian do not agree with the sentence imposed by the peer court. What do you typically do in this type of instance?

Responses from Coordinators:

If they refuse it totally they are then directed to set up a court date to go before our judge. If it is in regards to a portion of their sentencing the panel members look to me for guidance and direction and an agreement is met by all parties with the changes made on the sheet that is then signed, i.e., a youth asked about not attending the employability class because he had been working for several years - the panel agreed immediately and crossed it off the form.

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Brenda M. Jordan
21st Judicial District Teen Court Director
Assistant Riley County Attorney
105 Courthouse Plaza
Manhattan, KS 66502
Phone: (785) 537-6390
Fax: (785) 537-6334
bjordan@co.riley.ks.us

No, we do not have an appeal process. Our philosophy and all documentation state that this is a voluntary program and the parties agree to abide by the sentence. The option to the offender would be to violate the sentence and then we would file charges in district court.

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Peggy Calliham
College Station Teen Court
PO Box 9960
College Station, TX 77842
Phone: (409) 764-3499
Fax: (409) 764-3894
PCALLIHAM@ci.college-station.tx.us

No. Our parents and Teens know going in what the parameters of the sentence are (the range of hours of community service, range of number of jury terms and if any other classes, counseling or apologies will possibly be required) and they accept them going in. This is an understanding we have during the interview process with me, the Teen Court Coordinator before I accept them to Teen Court.

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Karianne Aaron
J.E.T. Program (Juvenile Empowerment Team)
P.O. Box 458
Sisters, OR 97759
Phone: (541) 549-2302
Fax: (541) 549-2302
KARIA@co.deschutes.or.us

Actually, I have not once in the year that I have been a Teen Court Director, have a parent(s) disagree/argue a sentencing. I believe they are thankful enough that their child has the opportunity for Diversion instead of going to the Juvenile Department. They have to plead guilty in the first place, to be a Teen Court participant. They have the opportunity at any time to leave their trial and be referred to the Juvenile Department.....so they aware of their choices.

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Bruce Newman
Genesee County Teen Jury Program
Coordinator
Genesee County Family Court
919 Beach Street
Flint, MI 48502
Phone: (810) 257-3521
Fax: (810) 257-3299
bnewman@co.genesee.mi.us

Our court grants an administrative review (by a family court judge) of any sentence imposed by the teen jury if one is requested by a letter from the parent. For example, sometimes the punishment isn't logistically possible due to lack of transportation or interference with school activities.

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Jean Griffin
Irving Teen Court
P.O. Box 152288
Irving, TX 75015-2288
Phone: (972) 721-3601
Fax: (972) 721-2389
jgriffin@ci.irving.tx.us
www.ci.irving.tx.us/Courts/welcomet.htm

We do not have an appeal process, since the defendants enter a plea of guilty/nolo contendere to come through the program, and it is a voluntary program--they ask for it when entering their plea. Also, we take about 30 minutes per defendant at enrollment to explain the procedures and counsel with each defendant and parent regarding benefits of coming through the program, emphasizing that we are a "sentencing arm" of the court which does not decide innocence/guilt. Within 24 hours of entering their plea, they may change their minds and request another deferred program, pay it, etc. Once in Teen Court, they may drop out at any time, but if they choose to do so, they do not go back to the judge; we simply return the case to the regular system and they are notified that the entire fine/court costs are due and payable. The other benefits of coming through also disappear-- so that the offense goes on the record as a conviction, they lose their administrative fee ($20) and any hours they have worked or jury terms they have served. Although we occasionally have someone feel their attorney wasn't "good" or the jury wasn't fair, we pretty much avoid conflict of this sort, because ALL verdicts are based on our published discipline grid--so anyone coming through the program knows up front what the worst/best case scenario is for their specific type of offense(s). I can see that in those states that allow Teen/Youth Courts to decide innocence and guilt, there might be a need for an appeal process.

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Jeanie Lyles Mitchell
Administrative Office of the Courts
100 Millcreek Park
Frankfort, Kentucky 40601
Phone: (502) 573-2350
JeanieL@MAIL.AOC.STATE.KY.US

Our offenders who wish to appeal just asked to be referred back to formal juvenile court.

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Ronald J. (Ron) Shaw
Court Advisor
Springville Jr. H.S.
165 South 700 East
Springville, Utah 84663
Phone: (801) 489-2880
Fax: (801) 489-2885
sron@admn.sjhs.nebo.edu

Our jurisdiction is limited to the confines of this school. However, we do use an appeals program that has proven very effective in the 11 years we have been operating as a peer review court.  We allow only two appeals. The first comes to me, the appellant judge, and if the defendant is not satisfied with my response, they are entitled to one more, which takes the case before the principal (our Supreme Court). In this case, only the record goes forward, unless the principal calls those involved in. In no case does an appeal lead to a new trial. The punishment can be dropped or altered, but not increased.

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Anne Dubinsky
Lewisville Teen Court
P.O. Box 299002
Lewisville, TX 75029
972-219-3671
fax: 972-219-3414
adubinsk@cityoflewisville.com

If a parent or youth is upset about their sentence in our court (which is VERY rare), we tell them they can voluntarily remove themselves from the program and take care of it through Municipal Court.

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Nancy Kaplan
Hernando County Teen Court
c/o Clerk of the Circuit Court
20 N. Main Street, Rm 251
Brooksville, FL 34601
Phone: (352) 754-4201
NancyK@co.hernando.fl.us
www.co.hernando.fl.us/ccc/teencrt.htm

We do not. Families are free to leave the program at any time - even after receiving sentence - and go through the court system. In the three years and 400 or so cases that I've been involved with, only once did the family protest the sentence and they ended up deciding to stay with the program and accept it.

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Rosalyn Trumm
Sarpy County Teen Court
1257 Golden Gate Dr., #11W
Papillion, NE 68046
Phone: (402) 593-2207
Fax: (402) 593-2212
ROSALYNT@sarpy.com

In our situation, going to Teen Court is a voluntary decision for the defendant with the parents approving of the decision. This decision can be changed at any time. This is discussed with the defendant and parents at the initial interview before the Teen Court hearing is even scheduled.

So, if the defendant is not in agreement with the conditions of the teen jury, they can decide to go through the formal legal system (usually Juvenile Court). Out of 800 cases, there have been only 4 or 5 situations where the defendant or parents have not agreed with the sentence, expecting me to change the conditions. Usually it is the parents who don't agree with the verdict. When they persist in trying to put pressure on me, I remind them that their decision is a voluntary choice and they do have the option of having the file returned to the County Attorney for prosecution in court. At that point no one has wanted me to return the file to the County Attorney.

Conditions are never changed it they are reasonable and appropriate for the situation, crime, etc. There have been a few instances where the conditions have been changed by either me or the judge. e.g. The jury required one defendant to be on jury duty 10 times. That many times is not feasible. Another time, a girl with a quite serious reading disability was required to write a 2000 word research paper. (This was one of many conditions required of her.) She was still required to write a paper, but it was reduced to a couple of hundred words. We try to make any changes in the courtroom with the jury understanding the reason for the change.

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Eric A. Albert
Moreno Valley Police Department
22850 Calle San Juan De Los Lagoes
Moreno Valley, CA 92553
Phone: (909) 486-6721
Fax: (909) 486-6750
EALBERT@co.riverside.ca.us

If the teen or parent disagree with the court the only appeal process is to forward the report to juvenile probation for handling through the Juvenile Courts.

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Leslie Comeaux
Keller, Halton City, Watauga Teen Court
7101 Whitley Rd
Watauga, TX 76148
Phone: (817) 514-5823
Fax: (817) 281-1191
lcomeaux47@hotmail.com

We don't have an appeal process. My judges have mandated that once the defendant receives hours there is no turning back, so to speak. They have every opportunity before their actual teen court date to return to municipal court. I think it is also important to remember that the judges have the authority to change hours of defendants if they feel it is either to lenient or to severe.

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Kirsten Frescoln
Capitol Area Teen Court
PO Box 724
Raleigh, NC 27602
Phone: (919) 856-5591
Fax: (919) 856-5673
kfrescoln@co.wake.nc.us

In Wake, the family has the option to not sign the Exit Interview Contract which contracts the family and the agency to do x, y, z listed on the front of the contract. If the family or youth refuses to sign the contract, the case is returned to the referring agent for referral to Juvenile or District Court. Not much of an appeal process but an option non-the-less.

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Karen Green
Placer County Peer Court
671 Newcastle Road., Ste 7
Newcastle, CA 95658
Phone: (916) 663-9227
Fax: (916) 663-2965
JGreengolf@aol.com

If a juvenile and/or their parents do not like the outcome of a Placer County Peer Court Case they can withdraw from the Peer Court Process and go through the regular California Juvenile Justice System.

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Joe Elliott
Buncombe Co. Teen Court
60 Court Plaza, 8th Fl, Bumcombe Co. CH
Asheville, NC 28801-3546
Phone: (828) 251-4959
Fax: (828) 255-5278
jelliott@buncombe.main.nc.us

In our program, clients and their parents are asked whether they agree to the terms of the sentence immediately after it has been read. If they do not agree to the sentence terms, their case is sent back to the referral source. At that point it is up to the referral source to decide how they want to proceed; schools may decide to file charges in juvenile court, and our local Office of Juvenile Justice usually reschedules the client for a juvenile court hearing. At any rate, in that situation, the client is no longer participating in teen court, and has been terminated as "non-compliant."

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Les Schultz
Brown County Teen Court
P.O. Box 248
New Ulm, MN 56073
Phone: (507) 233-6620
Fax: (507) 233-6649
les.schultz@co.brown.mn.us

Offenders have the choice of going to court if they do not like the sentence given in teen court. They do not have any appeal process here.

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Terry Cannarsa
Blair County Peer Jury Program
423 Allegheny St., Ste. 424
Hollidaysburg, PA 16648
Phone: (814) 693-3230
Fax: (814) 695-0260
Juv509@aol.com

We do not have an appeal process, but have the parents and juveniles sign a waiver to such action. If the juveniles don't complete the sentence, we send the charges back to Court.

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Russ Landry
S.C.A.L.E.S Project
301 S. Monroe St
Tallahassee, FL 32301
Phone: (850) 488-4265
Fax: (850) 488-4264
landryr@mail.leon.k12.fl.us

S.C.A.L.E.S. Project/Teen Court Program-Leon County Fl. No appeals process! Jury recommendation and Judges ruling final, subject to slight modifications in rare circumstances.

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Ellen Suni
Kansas City Youth Court
5100 Rockhill Road
Kansas City, MO 64110-2499
Phone: (816) 235-2372
Fax: (816) 235-5276
SuniE@umkc.edu

We don't have an appeal process, but if a defendant does not complete his or her sentence, the case goes back to Family Court and they start over again. I guess
this gets them a new proceeding, which is not really an appeal - more of a denovo opportunity.

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Gwen Vieau
Orange County Peer Court
17875 Von Karman., Ste 100
Irvine, CA 92614
Phone: (949) 440-6757
Fax: (949) 440-6710
gvieau@crfoc.com

In Orange County Juvenile Peer Court in California, the parent(s) and juvenile are given the opportunity to turn down the sentence at the end of the hearing. If this happens, they do not sign the contract Probation has prepared. The case is referred back to the Probation Department for handling. Probation has the option of handling it informally or turning it over to the D.A. for filing in juvenile court. When a juvenile does not complete the sanctions given by the Peer Court jury/judge this is also what happens to the case. The D.A. then considers that an aggravating factor when filing the case.

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Olivia Harrington
Duncanville Teen Court
P.O. Box 380280
Duncanville, TX 75138-0280
Phone: (972) 780-5063
Fax: (972) 780-5077
oharrington@ci.duncanville.tx.us

2 choices. They can pay the fine that the Municipal Judge levied during the plea docket (when they opted for Teen Court) or if they really raise a fuss, they can appeal to the county level. But not in Teen Court. I think Metroport Teen Court has an appeal process and I will forward this request on to them.

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Monica Broadhurst
Metroport Teen Court
667 North Carroll Avenue
Southlake, TX 76092
Phone: (817) 481-5581 x840
Fax: (817) 488-5097
MBroadhurst@cityofsouthlake.com

They (parent and youth) are asked by the adult Judge before their case is heard if they are willing to accept the sentence given. If when all said and done they do not agree the only option is for their case to be returned to Municipal Court. In rare cases where I can see the jury did not deliberate in a proper fashion I have allowed for another trial to be given. I explain if this is their choice they must accept the outcome even if it is harsher than the first. I explain to them that it is up to their peers and since it will be a different group of peers they may think he/she deserves a more severe punishment that the first jury did. If they opt for their case to go back to Municipal Court the Judge orders them to pay the citation and it is recorded as a conviction.

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Lorrain Rutter
Community Accountability Program
120 Strawberry Street
Mercer, PA 16137
Phone: (724) 662-3800 Ext 2561
Fax: (724) 662-4105
lrutter@mcc.co.mercer.pa.us

This is Lorraine Rutter from Mercer County Juvenile Probation. As part of our Community Court Program the Juvenile must plead guilty and elect to go through the process of Community Court. The bonus is that if they successfully complete the program they do not end up with a juvenile record. If they decide not to go through the program they are taken before the Juvenile Court. If they go through Community Court and do not like the sentence then their alternative is to go before the juvenile court and take their chances. Due to this set up we have given them no option for appeal, because we feel if we do that is allowing them to minimize and not accept responsibility for their offense.

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Mary Beck
Midland Teen Court
615 West Missouri, #226
Midland, TX 79701
Phone: (915) 689-1065
Fax: (915) 689-1087
TEENCOURT@prodigy.net

Midland allows them to stay and visit with the judge that night. If the judge will make a change, we will accept it. If the judge will not make a change, they have the option of either completing the sentence as set or going back to the referring court and paying the fine and keeping the offense on the record.

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Deborah Barris
Sacramento Youth Peer Court
2239 "A" Chase Drive
Rancho Cordova, CA 95670
Phone: (916) 363-9402
Fax: (916) 363-9402
peercourt@earthlink.net

Typically, the director consults with parent and minor after court and if any of the sentence obligations are impossible or need to be altered slightly due to financial or transportation limitations...the parent and the director will make those changes at that time. The director and/or the judge will initial changes on jury verdict form.

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Judy Wolfe
Onondaga County Youth Court
555 South State Street
Syracuse, NY 13202
Phone: (315) 435-5707
Fax: (315) 435-1718
ycourt@dreamscape.com

Onondaga County does have an appeal process, in wrapping up the chief judge tells the respondent that they have a right to appeal the sanctions of that court and if they wish to do so they must send a written request to the Youth Court director within 14 days explaining why they want to appeal. I then schedule the case to go to one of our other courts, they can get either the same amount of hours or less.

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Karlene Peart
Layton Youth Court
PO Box 2103
Layton, UT 84040
Phone: (801) 444-1746
JKPeart@aol.com

In the Layton Youth Court, if they do not agree, we give them the opportunity to accept the disposition or refuse it. If they refuse it, they sign a paper stating the refusal of the Youth Court. If they decide to accept it, they sign the disposition. If they do not complete it, the referral is sent back to the referring agency for them to do with it what they wish.

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Marcia Frazier
Teen Court, Inc. of Lawton
P.O. Box 1971
Lawton, OK 73501
Phone: (580) 250-1466
Cagirlnok@aol.com

When a parent decides that the sentence imposed is unacceptable, their case is referred back to the juvenile bureau to schedule a date to go before the juvenile judge and plead their case. If they win, there is no charge involved, unfortunately, if they lose they have to pay court cost,. Attorneys fees etc. Most of our defendants accept the sentence that they are given. Of course, they have already pled guilty to the offense.

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Joel Clouser
Justice Court 2/YMCA Teen Court
P.O. Box 428
303 Texas Parkway #107
Missouri City, TX 77459
Phone: (281) 403-8080
Fax: (281) 403-8089
clousjoe@co.fort-bend.tx.us

My courtroom is not a shopping mall.... I do not allow parent and child to shop around for the best deal. My court sets the punishment. They must sign the Teen Court contract which says that they will abide by the rules and sentence of the teen court. To go to teen court I set a $250 deferred fine and the fine is deferred pending successful completion of the teen court program. Once the program is completed, the fine is dismissed. If they decide not to abide by the sentence of the teen court, then they pay the $250 fine.

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Jennifer Strutz
Stayton/Sublimity Youth Peer Court
362 North Third Avenue
Stayton, OR 97383
Phone: (503) 769-5749
Fax: (503) 769-6408
Jastrutz@aol.com

We do not have appeals in our court. If the offender and parent disagrees with the sanctions imposed, the file is then returned to the Marion Co. Juvenile Dept. for further action.

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Charles Snyder
Whatcom County Teen Court
311 Grand Avenue
Bellingham, WA 98226
Phone: (360) 738-2457
Fax: (360) 676-6793
csnyder@co.whatcom.wa.us

We do not have an appeals process - since our process is within our diversion caseload, if a defendant fails to comply in full with the teen court jury's decision, the case is referred to the prosecutor for filing, just as with any failed diversion.

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Laurie Ocampo
Socorro County Teen Court
Box 157
Socorro, NM 87801
Phone: (505) 838-1206
locampo@sdc.org

Funny you should mention this. This came up just the other day. If the defendant or parent choose not to accept the Teen Court verdict, they are simply referred back to their original referral agency and prosecuted there. But, when this came up the other day, we had found out that one of our defendants had perjured himself on the stand. This young man was sent to us from our local JPPO for criminal trespass. He was with two buddies (who also went to Teen Court) and he said that he was cited because he was with them. He testified that he never actually entered the dwelling. I found out later that that was a lie. The student participants (jurors and the like), also found out about this fellow's perjury. The students wanted to re-try him. Now, I realize that this is not an "appeal", but a re-trial on the basis of perjury. At this time, we do not have a mechanism for trying a student on the basis of perjury. However, there is nothing saying that we can't blaze a new trial in this area.

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Don & Linda Zimmerman
Scappoose Youth Accountability Board
P.O. Box "P", 33568 E. Columbia
Scappoose, OR 97056
Phone: (503) 543-3114
Fax: (503) 543-2955
zimmerman@triax.com

Our appeals process is for the juvenile and their parents to request to be referred back to the Juvenile Department and have the case heard there.  As a Diversion program we have never had a case appealed. Our process is to work directly with the Parent and the Juvenile. The Parent and Juvenile must agree to have the case heard, come committed to being part of the resolution process, and then be actively involved in a group process. The Juvenile must admit their crime before the Board and their parents and take responsibility for their action. The resolution then is a mediated process involving the Parents, Board and the Juvenile. The Juvenile and Parents are actively involved and leave committed to the process.

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Bart Thompson
Roy Youth Court
5051 S. 1900 W.
Roy, UT 84067
Phone: (801) 774-1010
Fax: (801) 774-1017
thompsonb@roypd.state.ut.us

We do not have an appeal court. When a juvenile agrees to go to youth court they must admit guilt and agree to comply with whatever the peer judges sentence them to. If they do not like what the judges give them then they can always go to juvenile court.

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Marcia Hill
Dodgeville Teen Court
Courthouse
222 North Iowa Street
Dodgeville, WI 53533
Phone: (608) 935-0387
teencrt@mhtc.net

If an offender or family member does not feel the sentence is appropriate or refuses to comply, they are simply referred back to referring agency, Soc. Services, Courts, etc. They may then take their chances through the regular court system.

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Eugene Duran
Valencia County Teen Court
P.O. Box 1209
Los Lunas, NM 87031
Phone: (505) 866-8041
Fax: (505) 866-8044
durane@ci.los-lunas.nm.us

Here we go again, impersonating a justice system. If they do not agree with the sentence then the case is referred back to referral source. There is no judicial review. They are disagreeing with a sentence. E.D. VCTC.

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Scott Gage
Washington County Teen Court
41 East Center Street
Fayetteville, AR 72701
Phone: (501) 521-6809
Fax: (501) 444-1749
LSGage@compuserve.com

In our process here in Washington County, a child and the parents can opt out of the Teen Court process at any time. If they decided to do so, they are sent back to Juvenile Court where they start from square one again. I have never had anyone choose to do this so far. I have talked with a few about it. In fact, I talked with one family a week or so ago who didn't seem really pleased with the sentence passed down. They decided they didn't want to go back to Juvenile Court though.

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Elinor Robin
Broward County Teen Court
1600 West Hillsboro Blvd., Rm 130
Deerfield Beach, FL 33442
Phone: (954) 831-1291
Fax: (954) 831-1296
erobin@17th.flcourts.org

All of our defendants are assigned a counselor. The counselor has the authority to override the jury. Usually, the counselor will not override the jury until the defendant has completed his/her jury duties. We have have found that if the counselor changes the sentence in any way before the completion of the jury duties when the defendant is serving jury duties he/she will tell this to the volunteers who then feel undermined. Instead the counselor - if convinced the sanctions should be changed - will tell the defendant to show a good faith effort by beginning the jury duties and they will discuss it after the jury duties are completed. In fact, very often, the counselor, as she monitors the defendant's progress, will change the sanctions to better suit the needs of the family, the defendant or the community.

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Sean Marshall
Cache Valley Peer Court
45W 200N
Logan, UT 84321
Phone: (435) 750-7142
Fax: (435) 787-3586
smarshal@ci.logan.ut.us

We do not have an appeals process, however, the judges consult with the parent/guardian prior to making a decision and asked what recommendation the parents have as it pertains to the sentencing. The parent/guardian is also asked if they will assist/support the decision once it is rendered. This has never been an issue.  I would say that if there becomes an issue, the case would just be referred to juvenile court.

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Donna Forbes
Reach for Youth
5110 Madison Avenue
Indianapolis, IN 46227
Phone: (317) 788-4451
Fax: (317) 780-2560
reach_for_youth@onet.net

Here at Teen Court in Indianapolis we do not have an appeal process that can be accessed. We have never had a family express a need for such a process. In fact our families are so grateful for the Teen Court process instead of the mainstream juvenile court experience that an appeal process is not in their concerns.

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Monica Littlefield
Teen Court of Hopkins County
P.O. Box 1113
Sulphur Springs, TX 75483
Phone: (903) 885-2480
Fax: (903) 885-7813
finsol@koyote.com

If the parents do not agree with the sentence that the court assigns to the case they have they can go back and pay the ticket.  We have zero tolerance for that situation. They understood going in and agreed to the terms of court, so we just let them choose between the hours that were assigned or to go back and pay the ticket. No appeals at the Teen Court of Hopkins County, Texas.

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Kory Norris
Olathe Youth Court
1021 South Pitt
Olathe, KS 66063-2000
Phone: (913) 780-7046
Fax: (913) 780-7045
norrisk.WDSC_PO.WDSC_GWP@mail.olathe.k12.ks.us

Short answer: Olathe Youth Court has no formal appeal process.

Detailed/practical answer (1-4) below.

1. Defendants and their families have great input in the requirements w/in their jury verdicts. (Our student-attorneys receive case assignments about 2 weeks prior to youth court session.
2. Our student-judges have JNOV power (judgment notwithstanding the verdict). Thus, the first place to voice concern is w/ the student judge. If the verdict is ever altered, we notify jurors and give them reason for judges' change.
3. Olathe Youth Court is voluntary, thus, defendants and family may withdraw (or be booted for non-compliance) at any time before I write my 'release' letter to the DA's office. We have a great relationship w/ DA's office, thus, DA will not allow diversion for students withdrawing from youth court.
4. On rare occasions, I have--with the input from student-judges/attorneys, altered slightly the jury requirement, such as, from a personal, face-to-face apology (when I know that the victim is scared of defendant and will not face him/her) has been changed to written, with face-to-face apology to police and/or administration) or recipient of letter when D will not write to particular person...)

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Lisa Albert-Konecky
Mat-Su Youth Court
Wasilla, AK

Our defendants are advised in court that they have the right to ask for reconsideration of their sentence then and there. The defendant confers with his/her attorneys, then will ask for the reconsideration if wanted (with reasons given). The student judges will then retire to re-deliberate. The defendant may then accept the sentence or ask for an appeal.

The defendants are also told they have the right to appeal within three days of court. If so, then their attorneys are in charge of writing up an appeal stating why the sentence was unacceptable for the defendant. The prosecution is allowed to read this statement, then make their response in writing, then both statements are given to an appeals panel consisting of youth court judges who were not previously involved with the case. The student judges hand down a new sentence, and the sentence is given to the defendant. We honestly have never had a second appeal, and if that happened, probably the staff would make an administrative decision as to a fair sentence, rather than have the case drag out any longer.

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