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State v. Buckman3/15/1989
rder are limited to the following:
(a) Issue summons in the case of a juvenile who fails to respond to a citation.
(b) Issue a bench warrant for the apprehension of a juvenile who fails to respond to a summons.
(c) Direct that a juvenile apprehended pursuant to a bench warrant be brought directly before the District Court of the First Circuit, or, if the Court is not then in session, be placed in Hale Ho'Omalu (detention home) until the Court reconvenes.
(d) Qualify a juvenile for bail forfeiture of the amount set forth from time to time on the bail forfeiture schedule of the District Court of the First Circuit.
(e) Make preliminary inquiry as to whether the interest of the public or of the juvenile requires further action.
(f) Make such informal adjustment of the referral as is practicable.
(g) Require a juvenile to attend available driver education classes.
(h) Impose fines and suspend the driver's license of a juvenile.
(i) Remand the referral to the Family Court in accordance with the policy herein and as hereinafter provided.
69 Haw. 455, 457 n.3, 746 P.2d at 83-84 n.3.
The limited dispositions authorized by the Amended Order are consistent with HRS § 571-41(f) which, while authorizing concurrent
jurisdiction, makes clear that " he exercise of jurisdiction over children by district courts shall, nevertheless, be considered noncriminal in procedure and result in the same manner as though the matter had been adjudicated and disposed of by a family court." The noncriminal nature of family court proceedings accords with "the philosophy and approach of this specialized court [which] is based upon the principle that the state has a responsibility to protect . . . children[.]" Hse. Stand. Comm. Rep. No. 130, in 1965 House Journal, at 550. To allow the district court to impose a sentence of imprisonment upon a minor would be contrary to this philosophy and violative of HRS § 571-41(f).
If, in a particular case, the district court judge feels that the dispositions permitted by the Amended Order are insufficient, then the judge should remand the case to the family court. The Amended Order authorizes the district court to remand any case to the family court where the juvenile has an extensive record, is already under probation, or in the opinion of the district judge is exhibiting behavioral problems. Lapitan, supra .
We conclude that the district court in this case acted outside the limits of its concurrent jurisdiction in sentencing the Appellant to serve a jail sentence for a traffic offense committed while she was still a minor. Accordingly, we reverse the sentencing order of the district court and remand the case for entry of a sentence consistent with this opinion.
Page 1 2 Hawaii DUI Attorneys
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