Resolution No. 02-13 CITY OF TIGARD, OREGON
RESOLUTION NO. 02- 1-�>
A RESOLUTION RECOGNIZING THE TRANSFER OF LIMITED JUVENILE CASELOAD FROM
THE WASHINGTON COUNTY JUVENILE DEPARTMENT TO THE TIGARD MUNICIPAL COURT
WHEREAS, in 1999 Washington County Juvenile Department staff approached the Municipal Court Judge
to inquire into the interest the Municipal Court had in taking additional juvenile cases; and
WHEREAS, a proposal was made to City Council that recommended Municipal Court hear first-time
offender cases for juveniles that are at least 14 years of age; and
WHEREAS, City Council has recognized a local forum for minor juvenile matters, that will complement
programs currently offered by Washington County Juvenile Department and the Tigard Peer Court, will be
of benefit to the community.
NOW, THEREFORE,BE IT RESOLVED by the Tigard City Council that,
SECTION 1: Tigard Municipal Court is authorized to accept juvenile cases that meet the criteria set
out in Exhibit A."
EFFECTIVE DATE:
PASSED: This `d day of w, '� ?,��G ' 2002.
AA1 I,
ayor-Cit of Tig
ATTEST:
City Recon cr- City of Tigard.
RESOLUTION NO. 02- /3
Page 1
Exhibit A
IN THE MUNICIPAL COURT OF THE CITY OF TIGARD
COUNTY OF WASHINGTON, STATE OF OREGON
In the Matter of )
} No. 02-14
JUVENILES } Supplemental Court Rule
IT IS HEREBY ORDERED:
1. STATEMENT OF POLICY: As provided by ORS 419C.370, the Tigard Municipal
Court will adjudicate juvenile violations under the conditions set forth in this Rule. The goals of
the Court in accepting juvenile cases are to provide a local forum for minor juvenile matters, to
complement programs currently offered by the Washington County Juvenile Department
("Juvenile Department") and the Tigard Peer Court, and to further the policies articulated in ORS
419A.002 and 419C.001.
2. CRITERIA FOR REFERRALS: The Court will accept cases referred by the Tigard
Police Department and other law-enforcement agencies on the following bases:
a. Offenses classified as violations that are waived to the Court by the Washington
County Juvenile Court as provided by ORS 419C.370(1)(b);
b. Offenses classified as misdemeanors that are alleged as violations under ORS 161.566
according to criteria developed by the Tigard City Prosecutor and Chief of Police.
The criteria shall be designed to promote the referral of juvenile first offenders to the
Court, while juveniles with prior adjudications will continue to be referred to the
Juvenile Department.
c. Non-felony traffic cases;
d. Offenses referred to the Court by the Tigard Peer Court for failure to comply with any
conditions of diversion; and,
e. Juveniles referred to the Court must be at least 14 years of age.
The following categories of juvenile cases shall not be subject to this rule:
a. Juveniles with prior adjudications for misdemeanors in any other court; and,
b. Drug and alcohol offenses, including Driving Under the Influence of Intoxicants.
3. PROCEDURES IN JUVENILE CASES: The Court shall designate regular dates
and times for arraignments and trials of juveniles subject to this Rule. Upon receipt of a
complaint,the Court shall:
a. Notify the Juvenile Department that a complaint has been received, as provided by
ORS 419C.370(2)(a);
b. Upon request from Juvenile Department, waive the juvenile to that Court for further
proceedings pursuant to ORS 419C.370(2)(b);
PAGE 1 - ORDER RE: JUVENILES
Exhibit A
c. As provided by ORS 4190.306 and 419C.374, a summons shall be issued to the
parent or other person having physical custody of the juvenile, requiring the parent or
other person to appear with the juvenile before the Court at the time and place stated
in the summons. The summons may be served by mailing a copy thereof to the parent
or other person as provided by ORS 419C.374(3).
d. For all property offenses,the Court shall notify the Juvenile Department of the
disposition of each case as provided by ORS 419C.370(3)(a).
e. For any juvenile previously adjudicated in the Tigard Municipal Court under this
Rule, the Court may waive the juvenile to the Juvenile Department for further
proceedings.
f. Notify victims, as identified in police reports, of the pendency of the case and the
time set for hearing.
g. Provide for restitution where appropriate pursuant to ORS 419C.450.
h. If any juvenile fails to appear as summoned, or is placed on probation or diversion
and is alleged to have violated a condition of probation or diversion,the Court shall
notify the Juvenile Department for further proceedings as provided by ORS
419C.370(3)(b). As appropriate,the Court may also enforce its orders by a contempt
order pursuant to ORS 419A.180.
i. Expunction of juvenile records shall be subject to the provisions of ORS 41.9A.260.
j. Cases in which a juvenile enters a plea of"not guilty" shall be set for trial in the usual
course. As provided by QRS 419C.200(1),juveniles accused of violations shall not
be entitled to court-appointed counsel.
k. Juveniles referred by the Tigard Peer Court for failure to comply with a condition of
diversion shall be scheduled to appear at a special hearing to determine an appropriate
disposition.
4. DISPOSITION OF JUVENILE CASES: In order to prevent further law violations,
the Court will seek dispositions based on the following principles-
a. As provided by ORS 419C.001, swift and decisive intervention by the Court for
juvenile first offenders, emphasizing the goals of enhanced public safety and
prevention of further criminal activity;
b. Imposition of appropriate monetary sanctions, including restitution,to promote a
sense of accountability and help deter future criminal conduct;
c. Use of community-based programs, including alternative community service and
other forms of diversion,that seek to rehabilitate the juvenile and enhance awareness
of the consequences of criminal behavior; and,
d. Promote the active and continuing involvement of parents or legal guardians in every
phase of the process.
PAGE 2 - ORDER RE: JUVENILES
Exhibit A
5. INDEPENDENT EVALUATION: The Court will assist in any evaluation of its
programs,policies and services by the Juvenile Department or any other agency designated by
the City of Tigard.
Ill1
DATED this 24th day of January,2002.
Michael J. O'Brien,P esidin Judge
Tigard Municipal C rt
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