Judge rules DA, juvenile authorities must work together
Published 6:30 am Saturday, April 15, 2017
- Deschutes County Courthouse and Justice Center
A judge has ordered the Deschutes County Juvenile Community Justice department to violate its policies and cooperate with the Deschutes County District Attorney’s Office in the prosecution of a juvenile charged as an adult with a Measure 11 crime.
Deschutes County Circuit Judge Bethany Flint ruled Tuesday that the juvenile department must conduct an assessment on defendant Jaydon Reader, 16, so it can articulate how it would deal with the teenager if his case were to be bumped down from adult court to juvenile court. The assessment would allow authorities to evaluate what kind of rehabilitation programs would be suitable for Reader, if convicted.
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The issue surfaced after Deschutes County District Attorney John Hummel tried for months to get the juvenile department to participate in discussions on Reader’s prosecution, only to have each attempt stonewalled. Hummel said he wants the assessment done so he can have as much information as possible to best decide how to prosecute the case.
Reader was charged with first-degree robbery as an adult after his alleged involvement in the Dec. 15 armed robbery of a 7-Eleven. Because of Measure 11 — Oregon’s mandatory minimum sentencing law for violent crimes — offenders 15 and older charged with a Measure 11 crime get charged as adults by default.
Flint agreed that the juvenile department’s assistance is necessary in cases such as Reader’s.
“The Juvenile Department’s assistance and expertise in utilizing evidence based assessment tools is invaluable to the Court when the Court fashions dispositions in juvenile cases,” her judgment reads.
Hummel said these specific instances are rare, but when they occur it is best for the offender and the community to seek an appropriate charge, whether that is in adult or juvenile court.
“I always take the decision really seriously,” he said. “That usually happens about one time per year. When that happens, I would like to have as much information as possible.”
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Despite Flint’s ruling, the two sides continue to be at odds. Hummel said he hopes the order to work together will carry over the next time a similar case lands on his desk.
Ken Hales, director of the juvenile department, does not see the ruling setting a precedent.
“In this particular case we will do what the judge requests, but it doesn’t change existing practices,” he said.
Hales also said judges have discretion to order unique things in unique cases. Flint acknowledges as much in her ruling, stating that this case is unusual, and it is reasonable for a judge to order something out of the norm on such cases.
Hummel agreed this situation doesn’t come up often, but said the next time it does, he will call the juvenile department and ask for its assistance. If he is turned away, he will again seek the assistance of the circuit court, he said.
Hales declined to speak about the judgment itself, saying he is still becoming familiar with it and would like to consult an attorney before discussing the ruling.
— Reporter: 541-383-0376, awieber@bendbulletin.com