State v. C.G.B.
State v. C.G.B.
Opinion of the Court
¶ 1.
This appeal presents the question of whether a juvenile court has the authority to order a consent decree over the objection of the district attorney. We conclude that a juvenile court does not have the statutory authority to do so and reverse.
f 2. The specific facts are not relevant to this appeal. Sixteen-year-old C.G.B. came to the attention of police on May 21, 2015, and a referral was made to the county intake worker on July 1, 2015, for an "intake inquiry." See Wis. Stat. § 938.24(1). Per the
¶ 3. C.G.B. thereafter filed a motion requesting that the court enter an order either dismissing the delinquency petition and referring the case back for a DPA or placing him on a consent decree pursuant to Wis. Stat. § 938.21(7). Section 938.21(7) provides that "[i]f the court determines that the best interests of the juvenile and the public are served, the court may enter a consent decree under [Wis. Stat. §] 938.32 or dismiss the petition and refer the matter to the intake worker for deferred prosecution in accordance with [Wis. Stat. §] 938.245." C.G.B. argued that our supreme court's decision in State v. Lindsey A.F., 2003 WI 63, ¶ 35, 262 Wis. 2d 200, 663 N.W.2d 757, authorizing the court to exercise its discretion to dismiss a delinquency petition and refer the matter for a DPA over the objection of the district attorney, was equally applicable to the court entering into a consent decree with the juvenile over the district attorney's objection. The State objected to C.G.B.⅛ motion, acknowledging that the court could dismiss the case and send it back for a DPA under Lindsey A.F., but disagreeing that the court could enter into a consent decree without approval from the district attorney under § 938.32.
¶ 5. In Lindsey A.F., a unanimous supreme court held that a juvenile court has the authority under Wis. Stat. § 938.21(7) to dismiss a juvenile delinquency petition and refer the matter for deferred prosecution over the objection of the district attorney. Lindsey A.F., 262 Wis. 2d 200, ¶¶ 34-35. The State responded that it could nevertheless terminate the deferred prosecution agreement by filing a second delinquency petition pursuant to Wis. Stat. § 938.245(6). Lindsey A.F., 262 Wis. 2d 200, ¶ 26. Relying on the plain language of § 938.245, the court rejected this argument. It noted that the district attorney's authority to terminate a deferred prosecution agreement was only triggered by "receipt of notice of the deferred prosecution agreement under [Wis. Stat. §] 938.24(5)." Lindsey A.F., 262 Wis. 2d 200, ¶¶ 26, 33 (quoting § 938.245(6)). However, no notice is required for a court-ordered deferred prosecution under § 938.21(7) as a referral to the intake worker must be in accordance with § 938.245, which effectively skips over the twenty-day notice requirement of § 938.24(5). Lindsey A.F., 262 Wis. 2d 200, ¶¶ 32-33. Thus, the court concluded that without the trigger—notice—a district attorney cannot terminate
¶ 6. The resolution of this case rests on a matter of statutory interpretation, which we review de novo. Id., ¶ 8. The juvenile court opined that a district attorney does not have authority to override a court's decision under Wis. Stat. § 938.21(7) to "enter a consent decree under [Wis. Stat. §] 938.32." We disagree, as a consent decree statutorily requires the consent, approval, and participation of the district attorney "under" § 938.32.
¶ 7. Under Wis. Stat. § 938.245, a DPA may be entered into "with all parties" if the intake worker determines that neither the interests of the public nor the juvenile require the filing of a delinquency petition; that the intake worker determines that the jurisdiction of the court would exist if a petition was sought; and the juvenile, parent, guardian, and legal custodian consent to the DPA. Sec. 938.245(l)(a)-(c). "Parties" under § 938.245 does not include either the district attorney or the court as a participant in the process. See id. A DPA differs from a consent decree in that a DPA may not include any form of "out-of-home placement" and may not exceed one year. Compare § 938.245(2)(b), with Wis. Stat. § 938.32(l)(c), (2).
¶ 8. In contrast, a consent decree authorized under Wis. Stat. § 938.32 "must be agreed to by the
f 9. Lindsey A.F. was not a broad statement of judicial authority that massaged or otherwise disregarded statutory language. Wisconsin Stat. § 938.21(7) requires that referral for a DPA must be "in accordance with [Wis. Stat. §] 938.245"; Lindsey A.F. purported to do no more than interpret § 938.245. Similarly, the statute requires that the court may order a consent decree "under Wis. Stat. § 938.32." We hold that a juvenile court does not have the authority to enter a consent decree under § 938.21(7) over the objection of the district attorney.
¶ 10. Reversed and remanded for proceedings consistent with this opinion.
By the Court.—Order reversed and cause remanded.
This appeal was converted from a one-judge appeal to a three-judge appeal under Wis. Stat. § 752.31(3) and Wis. Stat. Rule 809.41(1) (2015-16). All references to the Wisconsin Statutes are to the 2015-16 version unless otherwise noted.
Wis. Stat. § 938.24(5).
We granted the State's petition for leave to appeal a nonfinal order on July 27, 2016. See Wis. Stat. Rule 809.50(3). We held oral arguments on March 28, 2017.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.