Brown, In re, 54239
| Decision Date | 09 February 1971 |
| Docket Number | No. 54239,54239 |
| Citation | 183 N.W.2d 731 |
| Court | Iowa Supreme Court |
| Parties | In the Interest of Phillip BROWN, a Child. |
Mote, Wilson & Welp, Marshalltown, for appellant.
Carl Letz, County Atty., Eldora, for appellee.
Pursuant to a petition for transfer filed by the county attorney under chapter 232 of the 1966 Code chapter 203, section 23, Acts of the Sixty-second General Assembly, the Juvenile Court of Hardin County, Iowa, granted same, and the subject, Phillip Brown, after leave of this court was first obtained, appeals. We reverse and remand to the juvenile court for further proceedings.
The sole question presented by this appeal is whether the juvenile court complied with the requirements of the above-mentioned section of our Code.
On April 17, 1970, a petition to transfer a complaint alleging delinquency of Brown filed April 6, 1970, from juvenile court to the district court was filed by the county attorney, and on April 20 a proceeding was commenced before the Honorable Ed J. Kelley, then sitting as juvenile court judge in that county.
After the county attorney made his opening statement to the court, he inquired if the defense attorney wished to respond or if they should proceed with the evidence. Brown's counsel, Mr. Brennecke, then made his statement, but before any evidence was introduced by either side the court made the following ruling from the bench:
It further appears that Mr. Brennecke then called the court's attention to section 232.72 of the 1966 Code Annotated and pointed out that this section requires a 'hearing' and a specific finding by the court that the transfer will be in the best interest of the child or the public before it is ordered.
Regardless of counsel's argument that under the plain wording of the statute Phillip Brown was entitled to a hearing in open court wherein he could be confronted by witnesses or evidence offered in support of the motion or petition for transfer, and wherein he could offer evidence in resistance to that petition, the court summarily stated: On the following day the formal order of transfer was filed herein.
As errors relied upon for reversal appellant states: (1) The juvenile court failed to grant Phillip Brown a hearing as required by section 232.72 of the Iowa Code Annotated. (2) There was no proper or sufficient evidence in the record upon which the juvenile court could make the findings of fact necessary to support the granting of a petition to transfer. (3) The juvenile court violated the constitutional rights of Phillip Brown in failing to grant the hearing required by the Iowa law.
Since we decide this matter upon assignments (1) and (2) under the rule, we do not reach the constitutional question presented in assignment (3).
I. Appellant contends the record clearly shows the juvenile court failed to grant him a hearing as required by section 232.72, Iowa Code Annotated, and thus there was no evidence in the record of those proceedings upon which the court...
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