What Happens if I go to Court?

An Overview of Delinquency Proceedings in Arizona Superior Court: One Judge's Perspective

Written and Narrated by: Honorable Samuel A. Thumma*

* Judge, Arizona Superior Court, Maricopa County, Phoenix, Arizona. The views expressed are those of the author and do not represent those of the Arizona Superior Court. The author wishes to express his sincere appreciation to extern Kelly Moore for her helpful comments on a prior version of this article.

Arizona Law

Under Arizona law, a person who is not yet 18 years old is called a juvenile. When someone claims that a juvenile broke the law, the police or others may investigate. A document claiming that the juvenile broke the law then may be filed with a court.

This article describes what might happen when such a claim ends up in my courtroom in the Juvenile Division of the Arizona Superior Court in Maricopa County.

Important Limits of this Article

Let me start with some important limits. This article is a short summary and leaves out many, many important details. Understand that a courtroom is an unnatural setting for most people and court likely will not be a pleasant thing for most juveniles. Also understand that each judge runs his or her court a little differently. In addition, this article does not address any specific case or claim. Instead, this article highlights some of the things that might happen when a juvenile appears in my court for the first time.

Charges, Offenses and Notice

A claim that a juvenile broke the law is called a charge.  A charge is made in a document given to the court, usually called a Citation or called a Petition.  A Citation usually is prepared by a police officer.  A speeding ticket is an example of a Citation.  A Petition is signed by a lawyer.  A Citation or Petition will list the name and address of the juvenile charged with breaking the law, how and where the juvenile is alleged to have broken the law (sometimes called an offense) and other information.

Offenses fall into three general categories listed from least to most serious as follows:  (1) Incorrigible; (2) Misdemeanor and (3) Felony offenses.  Incorrigible offenses include truancy (not going to school as required); curfew (being out too late) and running away from home.  Misdemeanor offenses include disorderly conduct; disturbing the peace; shoplifting; alcohol offenses; some assaults; some drug offenses; some driving offenses and many other offenses.  Felony offenses include many drug offenses; car theft; arson; certain assaults; sexual abuse and other serious offenses.

A juvenile can formally learn about a charge (called notice) in a variety of ways.  For a Citation, often a police officer will give a copy of the Citation to the juvenile.  For a Petition, the juvenile may be contacted by a Juvenile Probation Officer, who is involved even when a juvenile is not on probation.  The juvenile also may receive notice of a Petition when the Petition is provided to the juvenile in person, or when the Petition is provided to someone else of sufficient age and maturity who lives with the juvenile.

IN THIS PHOTO: Judge Samuel Thumma

What is a Hearing?

A hearing is where the juvenile sees the judge at court. Hearings are held in a courtroom at the courthouse. The courtroom will have a bench (like a very large desk) where the judge sits; tables where other participants sit and benches where observers can sit.

IN THIS PHOTO: From left to right closer row - Gregory F., Juvenile Probation Officer; Mayela T., Translator; Parents; You would sit in the empty seat between the Deputy Public Defender and a parent or guardian; Katherine S., Deputy Public Defender, Barbara C., Bailiff; Tysia N., Clerk of Court. From left to right further row - Kim H., Court Reporter; Heather M., witness; Judge Samuel Thumma

In the Courtroom

The judge will sit at the front of the courtroom behind the bench. There also will be an attorney representing the government (called a prosecutor) and, for most charges, an attorney representing the juvenile. Others in the courtroom include a clerk (who prepares the court's orders, among other things) and a bailiff (who helps schedule and process the cases in the courtroom, among other things). A judicial assistant helps schedule and process the cases as well, but usually is not in the courtroom. There may be other people in the courtroom as well, including a Juvenile Probation Officer; a court reporter (who uses a machine to record every word spoken); an interpreter (to translate what is being said for participants who do not understand English or who cannot hear) and other people who are watching the hearing.

IN THIS PHOTO: Tysia N., Clerk of Court

Think About Your Actions In Court

The court takes hearings seriously, meaning a juvenile needs to do so as well. Here are some of my suggestions for how to prepare for a hearing in my court:

• Come to court before the hearing is scheduled to start. To see the judge at a hearing, a juvenile will need to go to the courthouse; pass through court security; go to the right courtroom; find the right attorney and do other things, all before the hearing is scheduled to start. All of that can take time. If the juvenile is late, the court may either reschedule the hearing for another day (requiring the juvenile to come to court another time) or issue a warrant directing the police to arrest the juvenile and bring the juvenile to court. Either of those options are not very attractive. So, the juvenile should come to court before the hearing is scheduled to start.
• Call the court if the juvenile cannot come to court before the hearing is scheduled to start. If there is some really, really good reason why a juvenile cannot come to a hearing on time, the juvenile should contact the court as soon as possible. Calling the court to explain the situation might result in the court resetting the hearing for another day. If, however, the juvenile simply fails to show up without having contacted the court, the court may issue a warrant directing the police to arrest the juvenile and bring the juvenile to court.
• Think about what to wear. What a juvenile wears will send a message, either positive or negative. A juvenile doesn't have to wear fancy or formal clothes in my courtroom. A juvenile should, however, wear clothes at least as nice as the nicer clothes that the juvenile wears to school.
• Think about what actions in court. People in the courtroom will be looking at how a juvenile acts. It is the juvenile's case and I hope the juvenile is interested in what is going on and what happens. Sitting up straight and paying close attention is a good idea. Slouching, looking around and not paying attention is not a good idea.
• Don't chew gum in court.
• Don't wear a hat in court.
• Don't curse in court.
• Don't be disrespectful to anyone in court.
• Use words when speaking. Head nods, "yeahs" and "um-hums" don′t communicate very clearly and don′t make a very good record of what you are trying to say, which may be very important. For these same reasons, don't use slang when you are in court.

IN THIS PHOTO: From left to right - Barbara C., Bailiff; Katherine S., Deputy Public Defender; You would sit in the empty seat between the Deputy Public Defender and a parent or guardian; Parents; Mayela T., Translator; Gregory F., Juvenile Probation Officer; Sean C., Deputy County Attorney

Types of Hearings

Although there are many different types of hearings in juvenile court, the three basics are: (1) Advisory; (2) Adjudication and (3) Disposition Hearings.

An Advisory Hearing is the first hearing on a charge and is designed to make sure that the juvenile knows about the charge, the nature of the charge, and to see whether the juvenile wants to admit or deny the charge. The Advisory Hearing begins with the case being called (the case number and juvenile's name is read aloud in open court) and then I will ask for the participants to announce (tell me their names). I will then look to each individual who is involved to tell me their name (including the juvenile) as we go around the courtroom.

If a court-appointed attorney will represent the juvenile currently, in my court, for misdemeanor or felony charges court appointed attorneys are applicable, the court will review an affidavit the juvenile prepared and, if the affidavit is in order, appoint an attorney to represent the juvenile. The court will then make sure the juvenile's name, age, contact information, parents' names, and other information, are listed correctly on the Petition or Citation.

IN THIS PHOTO: Judge Samuel Thumma; Mayela T., Translator; Parents

The Advisory Hearing

The Advisory Hearing also is designed to make sure that the juvenile knows he or she has certain rights, including:

• The right to be represented by an attorney.
• The right to a trial on the charge.
• That the juvenile is presumed innocent and that the charge must be proven by proof beyond a reasonable doubt.
• The right to confront and ask questions of people who might testify at trial.
• The right to call people to testify at trial and use the court's power to bring those people to court even if they did not want to attend.
• The right to remain silent.

Another purpose of the Advisory Hearing is to make sure that the juvenile knows of possible consequences if the charge is proven beyond a reasonable doubt. Possible consequences can include:

• Probation, which is court-ordered supervision of the juvenile by a Juvenile Probation Officer. There are three general types of probation: Summary; Standard and Intensive Probation. At a minimum, probation generally includes a direction by the court (called an order) that the juvenile follow parents' rules; obeys all laws; goes to school or work regularly; does not leave Arizona without the advanced permission of their Probation Officer and other requirements.
• Detention, which is locking up a juvenile in a secure place for up to a year in what some people call "juvenile jail."
• Committing (sending) the juvenile to the Arizona Department of Juvenile Corrections to be held in a secure place until up to the juvenile's 18th birthday.
• Other consequences, including unpaid community service hours (work hours); payment of damages caused by the juvenile (called restitution); payment of fines; drug testing; counseling and loss of driving privileges.

At the Advisory Hearing, the juvenile will need to decide whether to admit or deny the charge. If the juvenile denies the charge and wants a trial, the court will set a trial (called an Adjudication Hearing). If the juvenile denies the charge and shows why more time is needed, the judge may set another hearing that is not a trial. If the juvenile wants to admit the charge, the judge will ask the juvenile various questions.

IN THIS PHOTO: From left to right - Katherine S., Deputy Public Defender; You would sit in the empty seat between the Deputy Public Defender and a parent or guardian; Parents; Mayela T., Translator

Admission (Change of Plea)

Before accepting any admission (sometimes called a change of plea), the plea needs to be supported by facts. The plea also needs to be voluntary and made knowingly and intelligently and with an understanding of the possible consequences. To be able to make those findings, I will ask the juvenile various questions. Before asking those questions, I state that the juvenile needs to answer my questions with"yes, no, or I don't understand" and that it is important that the juvenile understand my questions. I then will:

• Ask the juvenile's age, last grade of school that the juvenile completed and whether the juvenile reads and writes the English language, to make sure the juvenile can understand the conversation.
• Ask whether the juvenile has taken anything (such as drugs, alcohol or medicine) that would affect the juvenile's ability to admit the charge. I want to make sure that the juvenile is thinking clearly and rationally and can make important life decisions.
• If the juvenile has an attorney, I will ask whether the juvenile discussed the plea with the juvenile's attorney; whether the juvenile asked the attorney any questions the juvenile wanted to ask and whether the attorney has answered those questions to the satisfaction of the juvenile.
• Make sure the juvenile knows that, if the plea is accepted, the juvenile will be giving up the right to a trial, the right to remain silent and other rights.
• Make sure the juvenile knows that, if the plea is accepted, the various consequences I can impose.
• Let the juvenile know that the plea could have immigration consequences.
• Ask if anyone has forced or threatened the juvenile to enter into the plea, or if anyone has made any promises to get the juvenile to enter into the plea.
• If there is a victim, I will ask for the victim's view of the plea.
• I will then have the juvenile and the juvenile's attorney (if the juvenile has an attorney) tell me what the juvenile did so that I know there are facts that support the plea.

If a plea is accepted, a Disposition Hearing will be held where consequences are imposed. A Disposition Hearing sometimes is held at the same hearing when the plea is accepted. More often, however, a Disposition Hearing is held a few weeks later so that additional information can be presented gathered and considered.

IN THIS PHOTO: From left to right closer row - Mayela T., Translator; Parents; You would sit in the empty seat between the Deputy Public Defender and a parent or guardian; Katherine S., Deputy Public Defender. From left to right further row - Kim H., Court Reporter; Judge Samuel Thumma

The Decision

At the end of each hearing, I will decide whether the juvenile should be released or detained (locked up). A juvenile can be detained for a variety of reasons, including where there is reason to believe that the juvenile will not attend the next hearing if released; where there is reason to believe that the juvenile is likely to injure someone if released or that the interests of the juvenile or the public require that the juvenile be detained.

If the juvenile is released, I will set conditions of release in a document called a Release Order. If released, a juvenile generally will be released to an adult listed by name (typically a parent) and ordered to not break any laws and not leave Arizona without the permission of the Juvenile Probation Officer. I also can include many other conditions of release, including no contact with the victim; no contact with other named individuals; to attend school every day; to seek or maintain employment; to be fingerprinted; to provide samples for drug or DNA testing; to participate in a psychological evaluation or counseling and many other requirements. The release order also can put a juvenile on home arrest (which allows the juvenile to do things like go to school and drug test and otherwise to remain at home at all times, with an ankle bracelet that literally tracks the juvenile's every move). Home arrest is the most restrictive form of release short of detaining a juvenile. I also tell the juvenile that if the juvenile violates any terms of my Release Order, the juvenile could be detained in advance of the next court hearing.

IN THIS PHOTO: From left to right - Kim H., Court Reporter; Heather M., witness

Adjudication Hearing

If a juvenile denies the charge and wants a trial, the court will schedule an Adjudication Hearing. The Adjudication Hearing is a trial, where people come to court, take an oath to tell the truth and testify about the charge. The court also can receive documents offered at trial to evaluate the charge.

At trial, the court first hears evidence from the prosecutor. The court then hears any evidence the juvenile wishes to offer, although the juvenile is not required to offer any evidence. The court then hears any additional evidence the prosecutor may offer in response. The court hears closing argument from the prosecutor and juvenile about what the evidence shows. After receiving evidence and hearing argument, the court then decides whether the evidence proves the charge.

In my court, a juvenile does not have a right to a jury trial. Instead, I hear the evidence and then decide whether the charge has been proven. A delinquency trial generally does not last more than an hour or two and I try to decide whether the charge has been proven on the same day trial is completed.

For an Incorrigible, Misdemeanor or Felony charge, the question is whether the charge has been proven "beyond a reasonable doubt." I use the following standard to decide whether a charge has been proven beyond a reasonable doubt:

"There are very few things in this world that we know with absolute certainty, and the law does not require proof that overcomes every doubt. If the evidence leaves the court firmly convinced that the juvenile committed the offense charged, the burden has been met. If the evidence leaves a real possibility that the juvenile did not commit the offense charged, the juvenile is to be given the benefit of the doubt and found not delinquent."

If the charge has not been proven by this standard, the Petition or Citation will be dismissed. If the charge has been proven by this standard, the court will find the juvenile incorrigible (for an Incorrigible charge) or delinquent (for a Misdemeanor or Felony charge) and hold or schedule a Disposition Hearing.

IN THIS PHOTO: From left to right row - Mayela T., Translator; Gregory F., Juvenile Probation Officer; Sean C., Deputy County Attorney

Disposition Hearing

A Disposition Hearing is where consequences are imposed and has some similarities to a sentencing hearing in criminal court. Generally, before a Disposition Hearing, a Juvenile Probation Officer will prepare a written Disposition Report. That report will include all sorts of information about the juvenile and makes a recommendation about what consequences should be imposed.

At a Disposition Hearing, I will first summarize my reading of the Disposition Report, including the recommended consequences. Then, I will hear from the Juvenile Probation Officer; the prosecutor; any victims; the juvenile's parents; the juvenile's attorney and then the juvenile. I want to give the juvenile the last word before I make my decision. Although the juvenile is not required to tell me anything, I do like to hear from the juvenile and sometimes I will ask the juvenile some questions. After considering all of that information, I will decide what consequences should be imposed for what the juvenile has done. As noted above, consequences can include a variety of things, including

• Summary; Standard or Intensive Probation;
• Payment of restitution (fines);
• Unpaid community service hours (work hours);
• Fines;
• Counseling or treatment;
• Loss of driving privileges;
• Drug testing;
• Placement on home arrest;
• Detention for up to one year; and
• Commitment to the Arizona Department of Juvenile Corrections to be held in secure care up to the juvenile's 18th birthday.

After imposing consequences, I tell the juvenile that if the juvenile thinks that I made a mistake, the juvenile can take an appeal to have another court look at what I did and I tell the juvenile what is required to take an appeal. If the juvenile has any questions about the right to appeal, I encourage the juvenile to speak with the juvenile's attorney before leaving court.

IN THIS PHOTO: From left to right - Katherine S., Deputy Public Defender; You would sit in the empty seat between the Deputy Public Defender and a parent or guardian; Parents; Mayela T., Translator; Gregory F., Juvenile Probation Officer; Sean C., Deputy County Attorney

Conclusion

As stated at the beginning, a courtroom is an unnatural setting for most people and court likely will not be a pleasant thing for most juveniles. This article cannot, and does not attempt to, change that fact. What generally could happen in juvenile court should not, however, be a surprise. This article is designed to make sure that a juvenile has some idea of what to expect when facing a first charge in delinquency proceeding in my courtroom.

LawForKids.org staff were invited to tour the Cochise County Detention Facility in order to show you what a day in the life is like for a juvenile in the detention facility. The tour shows photographs and explains our experiences. This photo shows the Cochise County Juvenile Court House. The advisory, adjudication and disposition hearings for many juveniles in Cochise County take place at this Court House.

An advisory hearing is a formal court process where the juvenile is told about the charges against him or her and can admit or deny them. Rules of Procedure for the Juvenile Court, Rule 28 (A).

An adjudication hearing is a trial in front of a judge only (not a jury), where the court determines whether the juvenile committed the alleged acts. Rules of Procedure for the Juvenile Court, Rule 29 (A). The court may make a finding that the juvenile is delinquent or incorrigible.

A disposition is when the youth is told what consequences the court has decided. Rules of Procedure for the Juvenile Court, Rule 30.

(After you are done with this tour, you can learn more about advisory, adjudication and disposition hearings by going through the Juvenile Court Tour on this website).

Welcome to the Cochise County Juvenile Detention Virtual Tour. This facility can house up to 43 juveniles, ages 8-17.

Juveniles in this facility include:

• Juveniles waiting to go to court
• Juveniles going through a trial
• Juveniles waiting for the court to decide consequences
• Juveniles housed in the facility as a consequence of their actions

(When you are done with this tour, you can learn more about advisory, adjudication and disposition hearings by viewing the Cochise Court tab on this tour or going through the Juvenile Court Tour on this site.)

Juveniles who have allegedly committed a delinquent act are escorted by police through this entrance. The police officer drives their vehicle through a secured driveway into a specialized parking area. A Detention Officer from the detention facility must open the door from the inside. Once inside, the youth are released from police custody into the care of the detention facility. Once in the detention facility, detention officers are responsible for the youth and the youth is expected to follow the rules of the detention center.

After being released into the detention facility's care, youth will wait in the intake area until a detention officer is ready to process him or her into the detention facility. For the safety of all the youth in the facility, each new detainee is searched by an officer of the same gender to take any items that may be a danger to the youth or others. The officer will collect all of the juvenile’s personal belongings and store the items until the juvenile is released.

All detainees shower and change from their street clothes into the detainee uniform. Detainees receive one cotton shirt, one sweatshirt (in winter), one pair of pants with an elastic waistband and no pockets, under garments, shoes with no laces and shower shoes.

Shirts must be tucked into the waistband at all times and pants must be rolled at the cuff to the ankle. Clothes must be the appropriate size; ‘sagging’ is not permitted. Make-up, colognes/perfumes and hair products, such as gel and hairspray, are not allowed. Once the new detainee is dressed in appropriate attire they are taken to their living unit.

Each detainee is given a wellness check by a registered nurse within 7 days of being admitted at the facility. After the initial exam, youth may send a written request to see the nurse for their medical needs. Youth requiring daily medication receive their prescription from the nurse or Detention Officer under the nurse’s approval. While medications, medical exams and basic illnesses are cared for by the nurse, if an illness requires outside medical assistance, youth will be taken to the hospital under the supervision of a Detention Officer.

Each Detention Facility has specific rules that the juveniles inside must follow. The rules are created to provide for the safety of everyone within the facility. These Rules were added to this site on September 7, 2011. The Rules can change. Call (520) 803-3000 to get the current rules. Click here to read the detention center handbook.

Detainees are assigned to units based on their gender and age. Each unit has a general area where youth are able to write letters to their family, participate in educational programming provided by staff and watch approved television. Youth are given free time when their schedule allows and depending on their level. There are five behaviour levels in this facility. Level 5 is the top level that can be achieved. Levels are decided through a rules based system in the facility. See the Rules tab for more information about levels.

The general area is always supervised by Unit staff. Detainees may only move throughout the general area with permission from the staff. This enables the staff to clearly observe the youth and ensure the safety of everyone.

Youth remain on the unit when it is time to sleep. Certain clothing, such as shoes and sweatshirts, are not permitted inside the cell to maintain the safety of those inside. Each cell may contain up to two people and each person is provided with two mats and one or more blankets; after 2 days with a pillow is also provided. All youth are allowed to take one religious book into his/her room; however, depending on their level, youth can also have other books. There is one ceiling light in the cell and it is controlled by the unit staff. Cells are locked and monitored by unit staff at all times to maintain youth safety. Youth must sleep with their heads uncovered to allow staff to see that they are well.

A toilet and sink is provided in each cell.

Each day begins at 6:15am and, depending on level, will end at 9:45pm. Those with the lowest level go to bed at 5:30pm. (See the Rules page for a more on the level system)

Showers, sinks and toilets are located in each unit and shared by all youth. Each person is allowed 10 minutes for their shower each day. Every person is given a baggie with a toothbrush, toothpaste, deodorant and comb when he/she comes to the facility. Each person is responsible for ensuring these items do not become lost. Each detainee brushes their hair and teeth in their cell at their sink. There is a toilet in each cell and shared by both occupants.

Just like public schools, youth at Cochise County Detention Facility are required to attend school every weekday. School is taught by certified teachers. Students attend school for 4 hours each day and are placed into their classroom based on testing. Detainees remain in their assigned classroom throughout their school day. Maintaining and encouraging education is an important component of this facility. A staff member of the facility contacts each detainee’s current public school to obtain their school records and ensure the students’ school progress has minimal disruption. When available, they also obtain the student’s homework from their public school for them to complete while they stay in the facility. All credits obtained during their stay transfer back to their public school. In 2011 the Cochise County Center had a 98% GED rate for those who tested.

In addition to school, youth are given 1 hour of outside exercise and 1 hour of inside exercise each day. All youth must participate in all exercise activities while unit staff supervise. Physical contact is not permitted and all detainees are given a clothed pat down when returning from outside to ensure harmful objects are not taken into the unit.

All meals are eaten on the unit under the supervision of unit staff. All food is well-balanced and meant to provide the proper nutrition. If needed, meals will be provided that meet special dietary needs. Special dietary needs may include medical, religious and/or vegetarian reasons. To see a sample menu of the typical meals provided please click here.

Mail: Youth are given time on their unit to write letters to their family and friends. The facility will provide the envelopes and mail the letters. Youth are expected to provide their own stamps. Family members may send stamps for their child. Detainees that are unable to purchase stamps are able to send 1 letter a week at the facility’s expense.

All letters received are checked for contraband (but not read) in the presence of the detainee before being delivered. Detainees may not write to or receive letters from anyone on probation or parole.

Phone calls: Each detainee is given when they are processed into the facility. Once on the unit, detainees are permitted phone calls based on their level (see rules tab). Each phone call is 10 minutes in length and must be dialed by the unit staff and approved by the Probation Officer. Long distance are not permitted unless dialed collect.

Detainees may call their attorney when needed with no time restrictions.

All visits are by appointment only and are for 30 minutes in length. Visiting is held every week one of two ways; contact and non-contact. Non-contact visits allow 2 visitors and contact visits allow 4 visitors. Only family are allowed to visit and must be approved by the Probation Officer. All visits are supervised by Detention Officers to ensure safety. Please see the Rules tab for more information on visitation rules and times.

Visitors enter through this door and must lock up all personal belongings in the lockers before entering the facility. Visitors are not allowed to bring in any gifts with the exception of books/magazines. All reading material must be inspected by a Detention Officer to ensure it is appropriate prior to delivering it to the intended youth. If inappropriate conversation, such as cussing or arguing, occurs, the visit will be terminated for that day.

The Cochise County Juvenile Facility has several programs that are designed to educate youth and encourage positive behavior.

• Transition/Release: Helps youth successfully leave the facility by offering education on life skills.
• Peer Senate: Allows youth to have an active voice on the issues that govern them while living at the facility. Only level 4 & 5 may be a voting member of the Senate.
• Character Education: Encourages and rewards positive behaviour.

The Cochise County Juvenile Detention Center has incorporated a strenght-based program called Step-Up. The goals of the Step-Up Program are:

• Afford youth an opportunity for indvidual growth  and change
• Provide an opportunity for release of emotional tension
• Teach fair play, rule following and teamwork
• Provide socially acceptable outlet for hostility
• Give youth a better understainding of themselves
• Develop new interests or skills youth can follow when released
• Provide an opportunity to work within  a structual setting

In addition each youth is paired with a staff mentor who will build a positive relationship and work with the youth during their stay in detention.  The objective of the mentor is:

• Facilitate treatment and supervision amenability
• Stabilize delinquent behavior and thinking of troubled youth
• Help youth recognize changes they need to make
• Prepare youth by increasing skills for success in next program
• Assist youth to transition to their next program