ILNews

Single order can have more than 1 disposition

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court has clarified juvenile caselaw, telling trial courts they can order a juvenile be committed to the Department of Correction and in the same order also require probation after release.

A unanimous decision came today in R.J.G. v. State of Indiana, No. 64S04-0809-JV-483, which originated in Porter Circuit's Juvenile Division and strikes at the how juvenile judges are able to craft sentences best suited for a particular child's case. R.J.G. was 15 years old in the spring of 2007 when he, after selling marijuana to a friend, pointed a loaded gun at that person. It accidentally discharged and shot that friend in the mouth. Police later recovered drugs and paraphernalia at his home, and he eventually pleaded guilty to felony criminal recklessness and misdemeanor marijuana possession.

Juvenile Judge Mary Harper concluded that he should be committed to the Indiana Boys School until age 18, followed by supervised probation that included counseling and community service until age 21. The juvenile appealed, arguing the juvenile court lacked jurisdiction to order both his DOC commitment and probation in the same order. The Court of Appeals affirmed that decision last year and held the juvenile court did have jurisdiction to order probation following commitment, despite its earlier decision in J.J.M. v. State, 779 N.E.2d 602, 607 (Ind. Ct. App. 2002). 

In J.J.M., the appellate panel decided that a juvenile court loses jurisdiction after ordering guardianship of a child to the DOC and it's not able to order probation on top of commitment.

"We think J.J.M. was incorrect on this point," Justice Ted Boehm wrote in this R.J.G ruling, finding that Indiana Code § 31-37-19-5 and 6 give juvenile courts the ability to order at least one disposition, potentially more. "Nothing prevents this from being accomplished in the same order. And there is no jurisdictional bar to ordering more than one disposition in the same order."

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

ADVERTISEMENT