State v. J. S. W. (In re J. S. W.)
| Jurisdiction | Oregon |
| Parties | In the MATTER OF J. S. W., a Youth. State of Oregon, Respondent, v. J. S. W., Appellant. |
| Citation | 295 Or.App. 420,434 P.3d 481 |
| Docket Number | A160455 |
| Court | Oregon Court of Appeals |
| Decision Date | 12 December 2018 |
Christa Obold Eshleman filed the briefs for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Doug M. Petrina, Assistant Attorney General, filed the brief for respondent.
Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.
Youth appeals a judgment and order of the juvenile court denying his motion to set aside a 1995 juvenile delinquency adjudication for conduct that, if committed by an adult, would constitute sexual abuse in the first degree, ORS 163.427, and sodomy in the second degree, ORS 163.395. Youth argued in his motion that the adjudication was invalid because he had not knowingly or voluntarily waived his right to counsel or entered a valid plea due to the juvenile court’s alleged failure to inform him of a potential statutory defense and a collateral consequence—mandatory sex-offender registration—of his plea. The court denied youth’s motion, determining that youth had failed to meet his burden of proving by a preponderance of the evidence that the adjudication should be set aside. On appeal, youth reiterates the arguments that he made to the juvenile court, namely that his "federal constitutional rights were violated by lack of counsel in the underlying proceeding, which led to a plea that was not voluntary, knowing, and intelligent."1 For the reasons explained below, we affirm the court’s denial of youth’s motion.
The juvenile court has the authority to "set aside any order made by it," ORS 419C.610(1), for reasons including a "substantial denial in the proceedings resulting in the person’s adjudication * * * of the person’s rights under the United States Constitution or the Oregon Constitution, or both," if "the denial rendered the adjudication void," ORS 419C.615(1)(a). A youth who files a motion to set aside a juvenile adjudication that the youth argues resulted from an invalid, uncounseled plea has the burden to prove by a preponderance of the evidence that the plea was invalid. See ORS 419C.615(2)(b) ().
We review the juvenile court’s construction of a constitutional provision for legal error. State v. Rangel , 328 Or. 294, 298, 977 P.2d 379 (1999). We are bound by the court’s factual findings that are supported by evidence in the record, including a finding that a party’s evidence is not "sufficiently persuasive." State v. Johnson , 335 Or. 511, 523, 73 P.3d 282 (2003).
We provide the following facts as context for the juvenile court’s denial of youth’s motion. Youth was 14 at the time of the charged incident and 16 at the time of the 1995 juvenile adjudication. The victim was 12 years old at the time of the charged incident. Before trial in Yamhill County Circuit Court, youth waived his right to counsel and subsequently admitted to the charges that brought him within the jurisdiction of the juvenile court. Youth signed a document captioned Paragraph 3 of the petition provided that youth had the "right to have an attorney." Paragraph 4 provided that youth was "entitled to an attorney at all times either in Court or when questioned about this matter" and that youth "may hire an attorney" or have one appointed by the court if youth was "without sufficient funds." Following paragraphs 3 and 4, the petition presented youth with a check-the-box option to "proceed without an attorney representing me at this time" or to be "represented by an attorney," and he checked the box next to "proceed without an attorney representing me at this time."
Paragraph 6 of the petition claimed that the "maximum penalty" that youth could face by admitting to the charges was up to 20 years of confinement and a fine of up to $400,000. Paragraph 12 provided that youth offered his admission "freely and voluntarily and of my own accord and with full understanding of these matters." Significant to this appeal, the plea petition did not contain a notice that youth would have to register as a sex offender if he admitted to the charges against him and did not notify youth of any possible defenses that he could raise instead of admitting to the charges against him. The record does not contain any other evidence of whether the juvenile court, in a colloquy with youth or through other means, informed youth of the collateral consequences of his plea, including mandatory sex-offenderregistration, or advised youth of the specific risks of entering a plea without first consulting with an attorney.2
Youth’s plea in 1995 admitting to the allegations contained in the sodomy and sexual abuse charges resulted in a mandatory lifetime obligation to register as a sex offender. ORS 181.594 - 181.596. In 2014, youth was charged with failure to report as a sex offender in Multnomah County. See ORS 163A.040. In response, youth filed a motion in that court to set aside his 1995 juvenile adjudication. He submitted an affidavit in support of his motion in which he averred that, during the 1995 proceedings, he "was not informed" that he had an age-based defense under ORS 163.3453 or that he "would be subject to lifetime sex offender registration" as a result of his plea. Although the basis for its decision is absent from the record, the Multnomah County court entered a one-line order that "granted" defendant’s "pre-trial motion re. challenge to prior conviction."4 The court subsequently entered a judgment dismissing the failure-to-register charge against youth. The judgment provides that "all counts are dismissed on motion of the state as it is unable to proceed." The basis for the state’s motion to dismiss and the court’s decision to grant it is not apparent from the record, which does not contain any transcripts or other documents from the Multnomah County proceeding apart from the aforementioned affidavit, order, and judgment.
Following the dismissal of the criminal charge in Multnomah County, youth filed a motion in Yamhill County juvenile court to set aside his 1995 adjudication. Youth argued that his waiver of counsel was invalid and his plea was not voluntary because the juvenile court in 1995 had not warned him that, by pleading and admitting to the allegations against him, he was waiving a potentially viable defense and that he would be required to register as a sex offender. As to the latter contention, youth’s principal argument was that his case is analogous to Padilla v. Kentucky , 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), in which the United States Supreme Court determined that criminal defendants have a constitutional right to be informed whether deportation is a possible consequence of a guilty plea.
At the hearing on the motion, the juvenile court first noted that the record from 1995 was sparse—consisting of only "two pieces of paper," including the plea agreement in which youth waived his right to an attorney and admitted to the charges against him—and contained no audio recording, transcript, or other evidence of the court’s interactions with youth prior to youth entering his plea. The court went on to reject youth’s argument that Padilla required the juvenile court to warn him of the mandatory sex-offender registration requirement before accepting his uncounseled plea, explaining that "the obligation that may have been present that required [youth] to register was not the type of event that would require a dialogue to accept his admission." Ultimately, the court determined at the hearing that "the record is adequate to say that [youth] was advised of the right to counsel and made a knowing waiver of that right when he entered his admissions." The court subsequently entered an order denying youth’s motion because "youth has not met his burden to prove by a preponderance of the evidence that his juvenile adjudication should be set aside."
Before turning to our review of the juvenile court’s denial of youth’s motion, we provide a brief summary of the legal parameters of the constitutional right to an attorney when a youth enters a plea in a juvenile proceeding. A youth has a right to counsel in a juvenile proceeding as a matter of fundamental fairness under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. In re Gault , 387 U.S. 1, 41, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967).5 In an adult criminal prosecution, the defendant has a right to counsel under the Sixth Amendment to the United States Constitution.6 Of course, a juvenile proceeding is not a criminal prosecution. See State ex rel. Juv. Dept. v. Reynolds , 317 Or. 560, 575, 857 P.2d 842 (1993) (). However, some protections provided to criminal defendants under the United States Constitution may also extend to youths in juvenile proceedings. Id. at 574, 857 P.2d 842. And, as noted, the United States Supreme Court has held that youths have a right to counsel under the Due Process Clause. In re Gault , 387 U.S. at 41, 87 S.Ct. 1428.
As with other constitutional rights, a youth may also waive the right to counsel if the youth has made an "intentional relinquishment or abandonment of a fully known right." Id. at 42, 87 S.Ct. 1428 ; cf. Iowa v. Tovar , 541 U.S. 77, 87-88, 124 S.Ct. 1379, 158 L.Ed.2d 209 (2004) (). That is, a youth must intentionally relinquish or abandon a fully known right.
When a criminal defendant enters an uncounseled plea, "[t...
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