State v. Stephen F., 29,128.

• Decision Date: 28 June 2006
• Docket Number: No. 29,128.,29,128.
• Citation: 139 P.3d 184,2006 NMSC 030
• Parties: STATE of New Mexico, Plaintiff-Petitioner, v. STEPHEN F., a child, Defendant-Respondent.
• Court: New Mexico Supreme Court

139 P.3d 184

2006 NMSC 030

STATE of New Mexico, Plaintiff-Petitioner, v. STEPHEN F., a child, Defendant-Respondent.

No. 29,128.

Supreme Court of New Mexico.

June 28, 2006.

Patricia A. Madrid, Attorney General, Jacqueline R. Medina, Assistant Attorney General, Santa Fe, NM, for Petitioner.

John Bigelow, Chief Public Defender, Vicki W. Zelle, Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

BOSSON, Chief Justice.

{1} Child Stephen F. was convicted by a jury as a youthful offender for committing two counts of criminal sexual penetration. After his convictions, the trial court ordered a diagnostic evaluation to determine Child's amenability to treatment. Over two months passed and the trial court had yet to conduct a dispositional hearing. Child filed a motion to dismiss, alleging that the 45-day time period set forth in the Children's Court Rules for commencing a dispositional hearing had expired. The children's court denied the motion because it determined that the applicable time period was the 90-day limit found in the Rules of Criminal Procedure for the District Courts. On appeal, the Court of Appeals reversed and vacated the jury verdicts. It held that the 45-day period was applicable, and the remedy was dismissal of the case. We granted certiorari to determine which rules apply to youthful offender dispositions, and to determine the proper remedy for a child adjudicated as a youthful offender when the court fails to conduct a hearing within the applicable time period. We affirm in part, reverse in part, and remand for further proceedings.

BACKGROUND

{2} At the time of his two convictions for criminal sexual penetration, Child was fifteen years old. Because of his age and the nature of the crime, Child is a "youthful offender" under our Children's Code. See NMSA 1978, § 32A-2-3(I)(1)(i) (2005). Since the Code provides the option to sentence a youthful offender either as an adult or as a juvenile dependent upon whether the child is amenable to treatment, see NMSA 1978, § 32A-2-20 (2005), the children's court ordered a diagnostic evaluation. The court ordered that Child be committed to the custody of the Children, Youth and Families Department, at the Youth Diagnostic and Development Center, to undergo evaluation "for a period not to exceed 45 days." This order was entered on October 22, 2002.

{3} A little over two months later, on December 26, 2002, Child filed a motion to dismiss for failure to comply with the time limits for recommencement of dispositional proceedings following a commitment for diagnosis. Child relied on Rule 10-229(C) NMRA 2002 (amended, effective March 15, 2006), which provides:

The court may order a child adjudicated as a delinquent child to be committed to a facility for purposes of diagnosis and recommendations to the court as to what disposition is in the best interests of the child and the public. If the court enters an order transferring the child for a diagnostic commitment pursuant to the Children's Code, the dispositional proceedings shall be recommenced within forty-five (45) days after the filing of the court's order.

Although this rule does not expressly provide a remedy if the time limits are not followed Child argued the remedy for violation was dismissal. The children's court denied the motion finding the Children's Court Rules did not apply to youthful offender dispositions because the Rules of Criminal Procedure for the District Courts applied. To support this conclusion, the court relied primarily on Rule 10-101(A)(2)(b) NMRA (stating all youthful offender proceedings in the children's court are governed by the Rules of Criminal Procedure for the District Courts).

{4} The Court of Appeals reversed the children's court, holding that the Children's Court Rules apply to the dispositional phase of youthful offender proceedings, and further, that the remedy for a violation of the time limit in Rule 10-229(C) is dismissal of the charges. State v. Stephen F., 2005-NMCA-048, ¶ 2, 137 N.M. 409, 112 P.3d 270. The Court read the Children's Code and the Children's Court Rules together and concluded, "the overall scheme contemplates that, while the Rules of Criminal Procedure [for the District Courts] govern the adjudicatory proceedings in youthful offender cases . . . , the Children's Court Rules govern all dispositional proceedings." Id. ¶ 5. Turning to the remedy, the Court of Appeals opined that the absence of dismissal as a remedy within the rule for noncompliance with the time limit "was likely an oversight." Id. ¶ 23. The Court then concluded that dismissal was the proper remedy because (1) the 45-day time limit in the Children's Court Rules is mandatory, see Rule 10-229(C); (2) only the Supreme Court can grant an extension of time, see Rule 10-229(D); (3) the similarity to other rules that provide for dismissal upon noncompliance with time limits; and (4) the history of the rule which, until the 1997 Amendment, expressly provided for dismissal. Id. ¶¶ 14-23.

{5} Judge Castillo dissented to the remedy portion of the opinion. Id. ¶ 29. Her dissent examined the history of changes to Rule 10-229 and concluded that dismissal was not the appropriate remedy. Id. ¶ 42. Most notably, Judge Castillo compared prior versions of the rule which allowed for dismissal with prejudice under certain circumstances, with the current version amended in 1997, which no longer contains this language. Id. ¶¶ 31-33 (citing State v. Doe, 93 N.M. 31, 33-34, 595 P.2d 1221, 1223-24 (Ct.App.1979) and examining Rule 49(b), N.M.R. Child. Ct. (Repl. Pamp.1979), predecessor to Rule 10-229, and holding automatic dismissal was required for a violation); State v. Doe, 94 N.M. 282, 284, 609 P.2d 729, 731 (Ct.App.1980) (same); see also Rule 49(b), N.M.R. Child. Ct. (Repl. Pamp.1982) (requiring that child did not agree to or was not responsible for failure to comply, and child was prejudiced by the delay in order to obtain dismissal). Further, in the current version of the rule, when there is no commitment for diagnosis and time limits for commencement of dispositional proceedings are exceeded, the remedy is release from custody, not dismissal of the proceedings. Stephen F., 2005-NMCA-048, ¶ 35 (citing Rule 10-229(B)). Judge Castillo's dissent, id. ¶¶ 39-41, emphasized that this Court enacted Rule 10-117 NMRA, a general rule, stating that "failure to comply with time limits is not grounds for granting a new hearing or for setting aside a verdict, for vacating, modifying or otherwise disturbing a judgment." Rule 10-117 (emphasis added).

{6} For the reasons that follow, we believe Judge Castillo's dissent has the better of the arguments regarding the appropriate remedy.

DISCUSSION

{7} Our Legislature has struck a delicate balance in dealing with the burgeoning problem of juvenile delinquency. While recognizing the needs of a child whose immaturity and frailty require heightened protections, the Children's Code also promotes public safety and accountability for juveniles who commit delinquent acts. See NMSA 1978, § 32A-2-2(A) (2003). This balance of competing interests is the lens through which the Children's Court Rules were created, and through which those rules must be interpreted. Cf. State v. Javier M., 2001-NMSC-030, ¶ 37, 131 N.M. 1, 33 P.3d 1. We review interpretations of rules of procedure adopted by this Court de novo. Walker v. Walton, 2003-NMSC-014, ¶ 8, 133 N.M. 766, 70 P.3d 756.

Rule 10-229(C) Applies to Dispositions of Youthful Offenders

{8} To determine which rules apply to youthful offender proceedings, we look to the intent of the Children's Court Rules and the rule which governs the scope of the rules. This rule states:

Except as specifically provided by these rules, the following rules of procedure shall govern proceedings under the Children's Code . . .:

. . .

(2) the Rules of Criminal Procedure for the District Courts govern the procedure:

. . .

(b) in all proceedings in the Children's Court in which a notice of intent has been filed alleging the child is a "youthful offender. . . ."

Rule 10-101(A)(2)(b) (emphasis added). Thus, if there are competing rules applicable to youthful offenders, the Rules of Criminal Procedure for the District Courts apply unless a specific Children's Court Rules states otherwise.

{9} In this case, Child claims the 45-day time limit in the Children's Court Rules governs dispositional proceedings for youthful offenders, while the State claims the 90-day time limit in the Rules of Criminal Procedure for the District Courts applies. Compare Rule 10-229(C) with Rule 5-701(B) NMRA. Generally, under the Children's Court Rules, the District Courts Rules would apply to youthful offender proceedings. However, for the reasons that follow, we conclude that Rule 10-229(C) specifically provides a time limit for diagnostic commitments that applies to both delinquent offenders and youthful offenders, thereby triggering the exception to the general rule.

{10} Specifically, the rule states, "[t]he court may order a child adjudicated as a delinquent child to be committed to a facility for purposes of diagnosis and recommendations to the court." Rule 10-229(C) (emphasis added). A "delinquent child" is defined as "a child who has committed a delinquent act," NMSA 1978, § 32A-2-3(B) (2005) (internal quotation marks omitted), and a "youthful offender" is defined as "a delinquent child" who is at least 14 years old at the time of the offense and commits a specified offense or commits a felony after having three prior felony adjudications within a three-year period preceding the felony, Section 32A-2-3(I) (emphasis added) (internal quotation marks omitted). Thus, a youthful offender is a delinquent child of a certain age who has committed a certain offense. Accordingly, the Children's Court Rules do "specifically provide," within the meaning of Rule 10-101(A), for diagnostic commitments, including their own shortened time limits for...