Nov 20

Court speeds up juvenile cases

St. Louis — Kids accused of crimes in the city are getting their day in court in as little as two weeks, under new goals in the St. Louis Family Court that have been hailed as a model.

Judge Jimmie Edwards, who took over the juvenile court bench in January, now asks attorneys, administrators and clerks to bring felony cases to trial within five weeks, and misdemeanors within two.

The court did not have time goals before.

Resolution of adult cases, by contrast, commonly takes months, even years.

Critics say the speed may make it hard for lawyers in juvenile cases to prepare. But Edwards said the result is worth extra effort.

The city’s daily juvenile detention population is down a third, to about 65 from about 110. Court figures show the average stay dropped to 23 days from 31. Youngsters go much more quickly to state facilities or alternative programs.

“We don’t want the children locked up over here waiting on us for the wheels of justice to turn,” Edwards said. “Our primary goal is rehabilitation. We get the child off the street, get services in place and get them help.”

The effort has drawn attention from judicial officials across the state, including Missouri Supreme Court Chief Justice Laura Denvir Stith. “The judges and commissioners have set a course for change that may serve as a model for the state,” she wrote in reply to a reporter’s question.

Gary Waint, the interim state court administrator, who spent most of his career in juvenile cases, called Edwards’ plan “pretty robust” and said, “He’s really paying close attention as to why kids are being detained and eliminating delays that shouldn’t be in place.”

The Jackson County Family Court in Kansas City is considering similar guidelines. Dale Godfrey, a juvenile officer there, said it is nearly as busy as St. Louis and now takes about two months to complete a case.

Godfrey worries that attorneys, police officers and crime labs may not be able to keep up the faster pace. “Our burden of proof is the same as adult courts: beyond reasonable doubt,” he emphasized.

Courts for children are already geared to move faster than for adults, recognizing that kids have a different sense of time; a child’s week may feel like an adult’s month.

And lawyers practicing there don’t have to spend time tailoring arguments and preparing evidence for juries of laymen, because all juvenile cases are decided by judges.

Edwards said those judges can cover ground quickly if they try.

Take the case of a 13-year-old boy accused of the stabbing death July 5 of Alexus Purtty, a girl who lived down the street. On one day, Sept. 17, Edwards denied a motion to try the boy as an adult, heard the evidence, found him guilty and sentenced him to the Missouri Division of Youth Services until age 18.

In St. Louis Circuit Court that same day, attorneys kicked off a three-day murder trial of Purcell Hartson, 35, of Dellwood, accused of killing a 70-year-old woman when he crashed a car into her house. Hartson’s case took 2 1/2 years to reach trial.

Still, speed has limits.

In July, the state public defender system eliminated its St. Louis Youth Advocacy Unit. Now, juvenile cases in the city and St. Louis County compete with adult defendants for the same lawyers’ attention.

Cathy Kelly, a deputy director for the defender system, said time has always been a struggle for the overworked staff, and that rigid deadlines make it worse.

“It’s not an issue of the time goals being wrong,” she said. “But we’ve got to have the resources to meet them. And right now, we don’t.”

Tricia Harrison, a law professor at St. Louis University who specializes in juvenile justice, agreed: “It is definitely going to put a strain on the defense’s ability to provide effective counsel.”

Harrison wondered how any defense attorney juggling up to 120 cases at a time could prepare a first-degree assault or robbery case in five weeks.

“It’s certainly going to make the time frames more challenging,” she said.

Edwards said he is aware of concerns and addressing them. “There’s a lot of energy down here from employees to make sure the kids are provided due process,” he said. “I would never try a case if I thought a child’s rights were being violated.”

Mary Ann Scali, deputy director of the National Juvenile Defender Center in Washington, said it takes vigilance. “There has to be a heightened level of practice in juvenile courts,” she said. “You have to have high-quality attorneys and court personnel. And everyone has to be on their toes at all times.”

Other juvenile courts in the region say they do not track timing. Only St. Louis County has a similar caseload.

Officials in St. Louis County and St. Charles County said they aim for about 30 days. Complex cases may take loner, said John Smith, legal counsel for St. Charles Family Court.

In Jefferson County, 95 percent of the cases result in pleas and the rest usually take up to six weeks, said Theodore Allen Jr., an attorney for juvenile court.

In Illinois, officials said cases are often cleared within four weeks in Madison and St. Clair counties.

“It’s good to have some goals and timelines, but our main priority is looking out for the best interest of the child and protecting the community,” said Brendan Kelly, an assistant state’s attorney in St. Clair County.

Missouri and Illinois have strict three-day deadlines for judges to determine whether a child should be held in detention. Like most states, neither has a deadline for holding a juvenile trial.

Waint said Missouri officials will monitor the city’s strategies and perhaps recommend them statewide. “It’s possible this could become a court operating rule,” he said.

“Without timelines, sometimes it can lead to abuses. Parents, juveniles and attorneys should have expectations about how long the process should take.”