David G. v. Pollard ex rel. County of Pima, 207 Ariz. 308

Summary

The Arizona Supreme Court held that a city court judge acting as a juvenile hearing officer may adjudicate certain juvenile misdemeanor traffic offenses under A.R.S. § 8-323, but may not apply the Arizona Rules of Criminal Procedure or order a jury trial. The court concluded that the procedures in § 8-323 supplement the Arizona Rules of Procedure for the Juvenile Court and provide appropriate due process protections. The matter was remanded for proceedings consistent with the opinion.

Holdings

1. A city court judge sitting as a juvenile hearing officer may not apply the Arizona Rules of Criminal Procedure to a proceeding under Arizona Revised Statutes section 8-323 because the allegations against a juvenile are delinquent acts rather than criminal offenses, and Rule 1.1 limits the criminal rules to criminal proceedings.
2. A city court judge sitting as a juvenile hearing officer cannot apply the Rules of Criminal Procedure and order a jury trial for misdemeanor traffic offenses governed by Arizona Revised Statutes section 8-323.
3. The procedures in Arizona Revised Statutes section 8-323 appropriately safeguard juvenile due process rights while preserving the flexibility necessary to promote the policies of the juvenile justice system.

Questions Presented

1. Whether a Tucson City Court judge acting as a juvenile hearing officer may apply the Arizona Rules of Criminal Procedure to a juvenile's misdemeanor traffic proceeding under Arizona Revised Statutes section 8-323.
2. Whether the judge may order a jury trial in such a proceeding.
3. Whether the procedures prescribed by Arizona Revised Statutes section 8-323 adequately protect a juvenile's due process rights.

Disposition

remanded