courts of law
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
in the
U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
of
Montana
Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columb ...
which have jurisdiction over any minor charged with violating any state law or city and county
city ordinance
A local ordinance is a law issued by a local government. such as a municipality, county, parish, prefecture, or the like.
China
In Hong Kong, all laws enacted by the territory's Legislative Council remain to be known as ''Ordinances'' () af ...
, except for fish and game ordinance violations and traffic violations. Appeals from Youth Courts are made directly to the
Montana Supreme Court
The Montana Supreme Court is the highest court of the state court system in the U.S. state of Montana. It is established and its powers defined by Article VII of the 1972 Montana Constitution. It is primarily an appellate court which reviews ...
.
Authority and jurisdiction
Montana Youth Courts were established by the Montana Youth Court Act of 1974 and today are part of the
Montana District Courts
Montana District Courts are the state trial courts of general jurisdiction in the U.S. state of Montana. Montana District Courts have original jurisdiction over most civil cases (at law and in equity), civil actions involving monetary claims agai ...
. Each of the state's 22 judicial districts has a youth court. In judicial districts where there is only a single District Court Judge, this judge acts as the Youth Court Judge. In a judicial district where there is more than one District Court Judge, the judges select one of their members to act as Youth Court Judge. Selection may rotate among judges in a multi-judge district, but generally only the judge with the most experience in Youth Court is selected. In multi-county districts, the duties of the Youth Court may rotate between counties.
Any minor (defined in Montana as someone under the age of 18) accused of committing a misdemeanor or
crime under state, county, or city law is generally tried by a Youth Court. Youth Courts may transfer minors to the jurisdiction of the District Court, on their own authority or after a motion by a City or County Attorney. Youth Courts have discretion to engage in "extended jurisdiction juvenile prosecution", which means that the Youth Court may continue to oversee the punishment,
probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
, or
parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
of an individual even after the individual has reached the age of 18. Youth Courts, City Courts,
Justice Courts
In the New York State Unified Court System, a justice court is a local court that handles traffic tickets, criminal matters, small claims, and local code violations such as zoning. Constitutionally, justice courts are part of the state legal syst ...
, and Municipal Courts have concurrent jurisdiction over alcoholic beverage possession, tobacco possession, and gambling violations committed by youth. Youth Courts do not have jurisdiction over fish and game ordinance violations and traffic violations.
Montana Youth Courts have supported a restorative justice model where youths are held accountable for criminal behavior while also receiving appropriate services to assist them in developing necessary life skills. Some youth charged with minor misdemeanors may be given a
deferred prosecution A deferred prosecution agreement (DPA), which is very similar to a non-prosecution agreement (NPA), is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain r ...
and referred to community-based restorative justice programs funded through the
Office of Juvenile Justice and Delinquency Prevention
The Office of Juvenile Justice and Delinquency Prevention (OJJDP) is an office of the United States Department of Justice and a component of the Office of Justice Programs. The OJJDP publishes the JRFC Databook on even numbered years for informat ...
(OJJDP) in which the offender and victim work together to understand the crime and harm done, and come to a mutually agreeable solution. A goal of restorative justice is to allow the offender to take responsibility for their actions while implementing the solution.
Procedures and staff
Youth Court staff consist of a chief probation officer, one or more juvenile probation officers, and support personnel. About 75 percent of youth brought before a Youth Court will never see the judge. Youth generally are brought to court after being charged or receiving a citation, and are referred to the Youth Court by another court or a juvenile agency (such as a school). These youth are referred to the Youth Court for probation. The defendant then appears before a probation officer with a parent, legal guardian, or attorney to answer the charge against them. This is known as the "informal process".
If the referring agency requests it, or if the "informal process" fails, the charge or citation will be handled by the city or County Attorney, who may file formal charges with the Youth Court. Known as the "formal process", the youth will then be tried before the Youth Court judge. If found guilty, punishment may include fines, community service, mandatory and regular drug and alcohol testing, placement in in-patient or out-patient drug or alcohol treatment, or placement in a juvenile correctional facility.
Case law
Youth Courts are the equivalent of District Courts, the Montana Supreme Court has held.
In , (84-373) the high court held that, when a Youth Court has terminated, there is no bar to exercise of jurisdiction by the district court over felony proceedings against a minor. A District Court also has jurisdiction over an adult being tried for crimes committed when the defendant was a minor, under the high court's ruling in