Eric C., In re, 83-179

• Decision Date: 07 December 1983
• Docket Number: No. 83-179,83-179
• Citation: 469 A.2d 1305,124 N.H. 222
• Parties: In re ERIC C.
• Court: New Hampshire Supreme Court

Page 1305

469 A.2d 1305

124 N.H. 222

In re ERIC C.

No. 83-179.

Supreme Court of New Hampshire.

Dec. 7, 1983.

Gregory H. Smith, Atty. Gen. (Betsy S. Westgate, Asst. Atty. Gen., by brief and orally), for the State.

Perkins, Upshall & Robinson, Concord (Thomas G. Cooper, Concord, on the brief and orally), for defendant.

PER CURIAM.

The defendant appeals two orders issued by the Concord District Court (Robbins, J.), denying his motions to dismiss for lack of a speedy trial. The sole issue is whether the district court must dismiss a petition against a juvenile whose adjudicatory hearing is not held within the time limits prescribed by RSA 169-B:14, II (Supp.1981), when the juvenile has neither caused nor requested a delay in the proceeding. We reaffirm that RSA 169-B:14, II (Supp.1981) establishes mandatory time limits, and thus the district court must dismiss a juvenile petition when, through no fault of the juvenile, an adjudicatory hearing is not held within the statutory time limits.

A juvenile petition was filed against the defendant on December 9, 1982, alleging that he had committed second degree assault in violation of RSA 631:2, I (Supp.1981). The defendant appeared and was arraigned on January 6, 1983. At arraignment, the defendant's counsel, in order to accommodate the calendar of the court, waived for a one-day period, the defendant's right to an adjudicatory hearing within thirty days. The juvenile petition was to be heard on February 7, 1983. On that date, the afternoon session of the Concord District Court was cancelled, due to a snow emergency, and the defendant's adjudicatory hearing was rescheduled for March 7, 1983. On March 1, 1983, the defendant filed a motion to dismiss for failure to comply with the time limits prescribed in RSA 169-B:14, II (Supp.1981). The motion was denied, and the adjudicatory hearing was rescheduled for April 4, 1983, eighty-eight days from the date of the defendant's arraignment. On March 22, 1983, the defendant again filed a motion to dismiss based upon the court's failure to comply with the statutorily prescribed time limits. The motion was denied, and the defendant subsequently was found guilty of simple assault. The defendant then petitioned this court to review the issues raised in the two motions to dismiss.

RSA chapter 169-B is part of a comprehensive juvenile justice system that has as its primary concern the welfare of the child. It "guarantee[s] children their constitutional rights, and encourage[s] the use of rehabilitative and treatment resources whenever possible.... [T]he primary goal of the [juvenile] ... law is to treat and not [to] punish...." In re Russell C., 120 N.H. 260, 266, 414 A.2d 934, 937 (1980).

Recognizing the impact that delays in a court proceeding may have on a juvenile, the statute's time limits on juvenile adjudicatory hearings are "a legislative pronouncement of a child's right to the expeditious resolution of his alleged delinquency." Id. The time limits reflect the legislative concern for procedural due process. We reiterate that RSA chapter 169-B prescribes mandatory time limits on the holding of adjudicatory hearings and that the time limits "effectuate a substantive right requiring the court to forfeit jurisdiction if not complied with, unless such noncompliance is the result of a delay caused or requested by the juvenile...." Id. at 268, 414 A.2d at 938.

RSA 169-B:14, II (Supp.1981) requires that an adjudicatory hearing be held within thirty days of arraignment when...