NCJ Number
60504
Journal
American Journal of Criminal Law Volume: 7 Issue: 2 Dated: (JULY 1979) Pages: 225-251
Date Published
1979
Length
27 pages
Annotation
THE ROLE OF THE JUVENILE COURT REFEREE IN TEXAS NEEDS TO BE REDEFINED TO GUARD AGAINST POSSIBLE DOUBLE JEOPARDY AND TO DEFINE CLEARLY THE ROLES OF THE JUDGE AND THE REFEREE. MORE LIMITED POWERS ARE RECOMMENDED.
Abstract
THE U.S. SUPREME COURT IN SWISHER V. BRADY (1978) PRESERVED THE BALTIMORE, MD. 'JUVENILE MASTER' SYSTEM AND EFFECTIVELY UPHELD THE JUVENILE COURT REFEREE SYSTEM IN TEXAS. HOWEVER, THE DECISION RAISED CONSTITUTIONAL ISSUES WHICH NEED TO BE ADDRESSED. THE CURRENT JUVENILE REFEREE LEGISLATION ALLOWS WIDE VARIATION IN POWERS. THE REFEREES MAY ASSIST JUDGES IN URBAN COUNTIES WITH HEAVY CASELOADS OR THEY MAY CONDUCT HEARINGS WHEN NO JUDGE IS PRESENT IN RURAL AREAS. THE TEXAS LAW SPECIFIES THAT THERE IS NO APPEAL FROM THE DECISION OF A JUVENILE COURT; THIS RAISES THE ISSUE OF WHETHER THE REFEREE'S DECISION IS A BINDING JUVENILE COURT DECISION FROM WHICH THERE IS NO RIGHT OF APPEAL. SINCE THE REFEREE IS A FACT FINDER, HIS NEGATIVE FINDING ENCHANCES THE RISK OF CONVICTION. IF THE STATE DISAGREES WITH A FINDING OF NONDELINQUENCY, IT MUST GO TO THE EXPENSE OF A SECOND TRIAL, WHICH RAISES DOUBLE JEOPARDY ISSUES. JUDGES OFTEN RUBBER STAMP REFEREE DECISIONS, MAKING THE HEARING, IN EFFECT, THE TRIAL. A NUMBER OF SOLUTIONS HAVE BEEN PROPOSED, BUT THE MOST VIABLE SEEM TO BE THOSE LIMITING THE REFEREE'S POWERS. IT IS RECOMMENDED THAT THE REFEREE BE ALLOWED TO CONDUCT ONLY DETENTION HEARINGS AND FOR ESSENTIALLY UNCONTESTED MATTERS. APPENDIXES CONTAIN THE MARYLAND LAW AT ISSUE IN SWISHER V. BRADY, THE SECTION OF THE UNIFORM JUVENILE COURT ACT CONCERNING REFEREES, AND A MODEL ACT OF FAMILY COURTS WHICH CONTAINS THE RECOMMENDED LIMITATIONS. NOTES AND REFERENCES ARE ALSO APPENDED. (GLR)