Argued June 12, 2014.
Appeal from Cowlitz County Superior Court. 11-1-00860-3. Honorable Stephen M. Warning.
John A. Hays, for petitioner.
Ryan P. Jurvakainen, Prosecuting Attorney, and Lacey L. Lincoln, Deputy, for respondent.
Todd L. Dowell and Pamela B. Loginsky on behalf of Washington Association of Prosecuting Attorneys, amicus curiae.
Travis Stearns on behalf of Washington Defender Association, amicus curiae.
George Yeannakis on behalf of Team Child, amicus curiae.
Suzanne L. Elliott on behalf of Washington Association of Criminal Defense Lawyers, amicus curiae.
AUTHOR: Chief Justice Barbara A. Madsen. WE CONCUR: Justice Mary E. Fairhurst, Justice Charles K. Wiggins, Justice Sheryl Gordon McCloud, Justice Mary I. Yu. AUTHOR: Justice Susan Owens. WE CONCUR: Justice Charles W. Johnson, Justice Debra L. Stephens, Justice Steven C. González.
Barbara A. Madsen, C.J.
[183 Wn.2d 256] ¶ 1 The State charged Christopher Nelson Maynard in juvenile court with six counts of malicious mischief. Less than one month later, he turned 18 years old. Maynard's counsel did not move for an order to extend the court's statutory jurisdiction as provided in RCW 13.40.300(1)(a) before Maynard turned 18. As a result, the juvenile court ruled that it had lost jurisdiction and dismissed the case without prejudice. The State then filed the case in superior court. Maynard moved to dismiss, arguing that preaccusatorial delay and ineffective assistance of counsel deprived him of the benefits of juvenile court jurisdiction, including the opportunity to accept a plea offer from the State. The trial court agreed and dismissed the case with prejudice.
¶ 2 On appeal, the Court of Appeals reversed, holding that ineffective assistance of counsel, not preaccusatorial delay, caused the loss of jurisdiction. We agree. The court, however, determined that remand to adult trial court for a new trial was the proper remedy. We vacate that order and, instead, direct the State to reoffer the plea proposal of deferred disposition and remand the case for further proceedings consistent with the Juvenile Justice Act of 1977 (JJA), chapter 13.40 RCW.
[183 Wn.2d 257] FACTS
¶ 3 On August 18, 2010, Woodland City police officers arrested Maynard on suspicion of malicious mischief after he went to take photographs of a skate park that he had recently tagged with graffiti. Maynard gave a signed confession. He admitted that he had defaced several local properties with graffiti and also provided the names of other
participants. Maynard had just turned 17 years old on August 1.
¶ 4 On September 14, the Woodland City police finished their investigation in the case and turned over their reports and supporting documents to the Cowlitz County Juvenile Court. These documents included a probable cause statement, which gave amounts for each victim's property damage along with Maynard's confession. The prosecutor assigned to the case requested more information from police. The prosecutor received the requested information on November 17, and turned the case over to the juvenile court for consideration of diversion. The juvenile court denied diversion on December 10.
¶ 5 On July 7, 2011, the prosecutor formally charged Maynard by filing an information in juvenile court. Maynard received a summons to appear in court on July 12--19 days before his 18th birthday. The prosecutor delayed filing in juvenile court in order to seek " 'more information, specifically in regards to restitution amounts owed to the victims.'" Clerk's Papers (CP) at 108. On July 12, Maynard appeared in court and ...