923 N.W.2d 827
Wis.2019Background
- In Nov 2012, when A.L. was 15, he was charged in juvenile court with second-degree reckless homicide while armed; competency doubts arose at plea stage.
- Two competency evaluations found A.L. not competent and not likely to become competent within the statutory period; the circuit court suspended the delinquency proceedings and entered a JIPS (juvenile in need of protection or services) order and civil placement.
- While the JIPS order was in effect, additional charges were filed (2014 juvenile petition; 2014 adult complaint). In adult court A.L. was later found competent after treatment and pled guilty to adult charges.
- After the adult-court competency finding, the State moved to recall the suspended 2012 juvenile case for reexamination of competency; the circuit court denied the motion, concluding no statutory mechanism to reinstate proceedings.
- The court of appeals reversed, and the Wisconsin Supreme Court affirmed: (1) a circuit court may resume suspended juvenile delinquency proceedings to reexamine competency even where the juvenile was initially found not likely to become competent within the statutory time frame; and (2) expiration of an accompanying JIPS order does not divest the court of jurisdiction over the delinquency proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a circuit court may resume suspended juvenile delinquency proceedings to reexamine competency when the juvenile was originally found not competent and not likely to become competent within statutory limits | A.L.: § 938.30(5) (esp. (e)2) specifies the mechanism for resumption only for those likely to become competent; no statutory authority exists to resume in his situation | State: Reading § 938.30(5) and ch. 938 together, "suspend" is temporary and court retains authority to reexamine and resume when competency changes | Held: Court may resume suspended proceedings; "suspend" implies temporary postponement and does not permanently bar resumption |
| Whether expiration of an accompanying JIPS order ends the court's jurisdiction over the delinquency proceedings | A.L.: Court's authority to reexamine ended with the JIPS order; expiration terminated competency to act | State: Delinquency proceedings are jurisdictionally independent from civil JIPS/commitment; expiration of JIPS does not divest court of jurisdiction to recall and reexamine | Held: Expiration of a JIPS order is irrelevant; court retains jurisdiction over delinquency proceedings and may reexamine competency |
Key Cases Cited
- Porter v. Wolke, 80 Wis. 2d 197 (criminal proceedings remain jurisdictionally independent from civil commitment)
- Haskins v. County Court of Dodge Cty., 62 Wis. 2d 250 (recognizing independence of criminal and civil commitment proceedings)
- Steward, 124 Wis. 623 (discussing common-law practice of suspending proceedings for incompetency)
- Crocker v. State, 60 Wis. 553 (historical recognition that insanity suspends criminal proceedings)
- Barker v. Wingo, 407 U.S. 514 (speedy trial balancing test)
- MacDonald, 456 U.S. 1 (due process prejudice analysis)