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Bar News - September 21, 2001 Supreme Court Ruling Overturns Juvenile Transfers to Adult Jails IN AN AUG. 31 ruling, the New Hampshire Supreme Court reversed a district court ruling allowing the confinement of juveniles who have reached the age of 17 in adult correctional facilities. The court, in a 5-0 ruling authored by Justice Linda S. Dalianis, agreed with the defendant, identified as Jeffrey C., that it was unconstitutional to confine him anywhere but a juvenile facility without a jury trial. Southern Carroll County District Court Judge Pamela Albee had upheld the practice, finding that provisions of RSA 169-B:19, III and III-a (Supp. 1999) were constitutional. While upholding the constitutionality of juvenile proceedings, the Supreme Court made the distinction that transferring the juvenile to an adult facility changes the nature of his confinement. "Imprisonment in an adult facility fundamentally changes the nature of the underlying proceedings," and thus invokes a higher test, the court said. Regarding the state's assertion that the defendant had waived his right to a jury trial because he waived certification for prosecution as an adult (which would have entitled him to a jury trial), the court wrote: "Thus, the State argues that the juvenile's failure to seek certification constitutes a waiver of the juvenile's right to a jury trial. We disagree. Should the juvenile seek certification, he would be subject to adult penalties, which would generally expose him to a significantly longer period of incarceration. See RSA 169-B:26. We decline to hold that a juvenile who does not choose to expose himself to the possibility of many years of incarceration in the New Hampshire State Prison has waived his fundamental right to a trial by jury."
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