Keith W., In re

• Decision Date: 01 September 1986
• Docket Number: No. 46,46
• Citation: 527 A.2d 35,310 Md. 99
• Parties: In re KEITH W. ,
• Court: Maryland Court of Appeals

Page 99

310 Md. 99

527 A.2d 35

In re KEITH W.

No. 46, Sept. Term, 1986.

Court of Appeals of Maryland.

June 26, 1987.

Michael R. Braudes, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief) Baltimore, for appellant.

Valerie J. Smith, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., on the brief) Baltimore, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, COUCH ^*, McAULIFFE and ADKINS, JJ.

COLE, Judge.

Today we must determine whether a juvenile petition should be dismissed because the juvenile's adjudicatory hearing was not held within the time period prescribed by Maryland Rule 914. The facts giving rise to this question can be stated briefly.

On June 12, 1985, the State filed a juvenile petition charging Keith W. with both possession of marijuana with intent to distribute and possession of marijuana. Thereafter, the State filed a petition for waiver of juvenile jurisdiction. On August 2, 1985, Judge Mitchell, sitting in the Juvenile Division of the Circuit Court for Baltimore City, denied the State's petition for waiver and scheduled Keith W.'s case for an adjudicatory hearing. The transcript ¹ indicates that on August 26, 1985, the day scheduled for the adjudicatory hearing, the parties appeared before Master Kathryn E. Koshel. At that time the State sought a postponement of the proceedings due to the unavailability of one of its witnesses. ² The transcript further indicates that the master granted the State's request for a postponment over Keith W.'s general objection, and the parties agreed to reschedule the adjudicatory hearing for October 4, 1985. On that date, the transcript indicates that Keith W. asked the master to dismiss the State's petition because the adjudicatory hearing's postponement violated the time requirements of Maryland Rule 914. The master apparently denied the request, because she subsequently concluded that the facts sustained the charge of possession of marijuana with intent to distribute. Keith W.'s disposition hearing was held on November 14, 1985, at which time the master recommended that Keith W. be placed on probation, with certain conditions, for a period of one year.

Both parties filed exceptions to the master's disposition. The State objected to the master's recommendation of probation rather than commitment; Keith W. objected to the master's refusal to dismiss the State's petition on the ground that his adjudicatory hearing was not held within the time prescribed by Rule 914. Judge Mitchell denied both parties' exceptions in a written memorandum and opinion filed January 21, 1986. Keith W. appealed to the Court of Special Appeals. Recognizing the importance of the question presented, we granted certiorari on our own motion prior to a decision in the intermediate appellate court.

Maryland's juvenile law is embodied in Maryland Code (1974, 1984 Repl.Vol.) Title 3, Subtitle 8, Courts and Judicial Proceedings Article. Section 3-819(a) provides that, "[a]fter a petition or citation has been filed, ... the court shall hold an adjudicatory hearing." Maryland Rule 914, in part, provides for the scheduling of this adjudicatory hearing:

An adjudicatory hearing shall be held within sixty days after the juvenile petition is served on the respondent unless a waiver petition is filed, in which case an adjudicatory hearing shall be held within thirty days after the court's decision to retain jurisdiction at the conclusion of the waiver hearing. However, upon motion made on the record within these time limits by the petitioner or the respondent, the administrative judge of the county or a judge designated by him, for extraordinary cause shown, may extend the time within which the adjudicatory hearing may be held. The judge shall state on the record the cause which requires an extension and specify the number of days of the extension.

The State concedes that Keith W.'s adjudicatory hearing was technically delinquent under Rule 914 because it was neither held within thirty days of August 2, 1985, nor postponed for extraordinary cause by an administrative judge or his designee as required by Rule 914. Nevertheless, the State argues that dismissal of its petition is an inappropriate sanction under the facts of this case. The State urges us, in determining the appropriate sanction, to adopt the totality of the circumstances test set forth in Maryland Rule 1-201. This Rule, entitled "Rules of Construction," provides, in part: "When a rule, by the word 'shall' or otherwise, mandates or prohibits conduct, ... [and] no consequences are prescribed [for noncompliance therewith], the court may compel compliance with the rule or may determine the consequences of the noncompliance in light of the totality of the circumstances and the purpose of the rule." As expected, the State contends that the totality of the circumstances surrounding the time extension for Keith W.'s adjudicatory hearing, coupled with the purpose of Rule 914, do not compel the harsh sanction of dismissal in the present case.

Keith W. argues that both the legislative history and the purpose of Rule 914 indicate that dismissal is the only appropriate sanction for a violation of Rule 914. He supports his argument by relying on State v. Hicks, 285 Md. 310, 403 A.2d 356 (1979) and In re James S., 286 Md. 702, 410 A.2d 586 (1980). We find these cases inapposite and explain.

We begin by discussing Keith W.'s contention that our holding in Hicks requires dismissal as a sanction for every violation of Rule 914. This argument is unpersuasive. In Hicks, the trial court granted the criminal defendant's motion to dismiss on the basis that the State had failed to bring him to trial within 120 days of his attorney's appearance, as required by Rule 746. Rule 746 provided:

a. General Provision.

Within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the court pursuant to Rule 723 (Appearance--Provision for or Waiver of Counsel), a trial date shall be set which shall be not later than 120 days after the appearance or waiver of counsel or after the appearance of defendant before the court pursuant to Rule 723 (Appearance--Provision for or Waiver of Counsel).

b. Change of Trial Date.

Upon motion of a party made in writing or in open court and for extraordinary cause shown, the county administrative judge or a judge designated by him may grant a change of trial date.

State v. Hicks, 285 Md. at 312, 403 A.2d at 357. ³

In reviewing the trial court's dismissal, we concluded that the provisions of Rule 746 were mandatory. More significantly, we found that dismissal was the appropriate sanction for the State's failure to bring Hicks to trial within the required 120-day period. Thus, in the instant case, Keith W. argues that because the language of Rule 914 is substantially similar to that of Rule 746, our Hicks holding applies to require dismissal for a violation of Rule 914. We do not agree.

While Rule 914 and Rule 746 contain nearly identical language, it does not necessarily follow that a violation of each rule justifies an identical sanction. We have previously recognized that a statute or rule may be mandatory and yet not require dismissal as a sanction for failure to comply with its provisions. State v. One 1980 Harley Davidson Motorcycle, 303 Md. 154, 160-62, 492 A.2d 896, 899-900 (1985); State v. Werkheiser, 299 Md. 529, 533, 538-39, 474 A.2d 898, 900, 903-04 (1984); In re Dewayne H., 290 Md. 401, 405, 430 A.2d 76, 79 (1981); State v. Hicks, 285 Md. 310, 335, 403 A.2d 356, 369 (1979). Furthermore, Maryland appellate courts have repeatedly looked to the purpose of a statute or rule to determine whether dismissal is an appropriate sanction for a violation of its provisions. See Ott v. Kaiser-Georgetown Community Health Plan, Inc., 309 Md. 641, 526 A.2d 46 (1987); State v. Werkheiser, 299 Md. at 533, 474 A.2d at 902-03; In re Dewayne H., 290 Md. at 405, 430 A.2d at 79; In re James S., 286 Md. 702, 710-13, 410 A.2d 586, 590-91 (1980); Resetar v. State Bd. of Educ., 284 Md. 537, 547, 399 A.2d 225, 230, cert. denied, 444 U.S. 838, 100 S.Ct. 74, 62 L.Ed.2d 49 (1979); Maryland State Bar Ass'n v. Frank, 272 Md. 528, 533, 325 A.2d 718, 721 (1966); King v. State, 55 Md.App. 672, 679, 466 A.2d 1292, 1296, aff'd, 300 Md. 218, 477 A.2d 768 (1983); People's Counsel v. Public Serv. Comm'n, 52 Md.App. 715, 720, 451 A.2d 945, 948 (1982); Harvey v. State, 51 Md.App. 113, 116, 441 A.2d 1094, 1097, cert. denied, 293 Md. 616 (1982). See also Parren v. State, 309 Md. 260, 523 A.2d 597 (1987) (the purpose of Rule 4-215--to protect the defendant's constitutional right to counsel--requires that a defendant's waiver be deemed ineffective when the court fails to advise him of the penalties allowed for the crimes charged against him as required by Rule 4-215(a)(3)). In Hicks, we reached our conclusion that dismissal was an appropriate sanction for a violation of Rule 746 only after an extensive review of the purpose of that Rule. We found that the Rule was "intended to ... put teeth into a new regulation governing the assignment of criminal cases for trial." State v. Hicks, 285 Md. at 318, 403 A.2d at 360 (emphasis supplied). The statute governing the assignment of criminal cases for trial provided as follows:

(a) Within two weeks after the arraignment of a person accused of a criminal offense, or within two weeks after the filing of an appearance of counsel or the appointment of counsel for an accused in any criminal matter, whichever shall occur first, a judge or other designated official of the Circuit Court or the Criminal Court of Baltimore City in which the matter is pending, shall set a date for the trial of the case, which date shall be not later than six months from the date of the arraignment of the person accused or the appearance or the appointment of counsel for the accused whichever occurs first. The date established for the trial of the matter...