Miss. R. Youth Ct. Prac. 23

As amended through March 21, 2024

Rule 23 - TRANSFER OF CASES

(a) Transfers from youth court. Procedures for transferring cases from youth court to criminal court shall be conducted pursuant to section 43-21-157 of the Mississippi Code.

(b) Transfers to youth court. Procedures for transferring cases from other courts to youth court shall be conducted pursuant to section 43-21-159 of the Mississippi Code.

(c) Removal by the youth court of certain criminal misdemeanor offenses. Unless the cause has been transferred, or unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted, the youth court shall have power on its own motion to remove jurisdiction from any criminal court of any offense including a hunting or fishing violation, a traffic violation, a violation of the Mississippi Implied Consent Law, or a violation of section 67-3-70 of the Mississippi Code, committed by a child in a matter under the jurisdiction of the youth court and proceed therewith in accordance with the provisions of the Mississippi Youth Court Law. Such does not apply to a youth who has a pending charge or a conviction for any crime over which circuit court has original jurisdiction.

(d) Stay of execution by the youth court of certain criminal misdemeanor offenses. After conviction and sentence of any child by any court having original jurisdiction on a misdemeanor charge, and within the time allowed for an appeal of such conviction and sentence, the youth court of the county shall have the full power to stay the execution of the sentence and to release the child on good behavior or on other order as the youth court may see fit to make unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted. When a child is convicted of a misdemeanor and is committed to, incarcerated in or imprisoned in a jail or other place of detention by a criminal court having proper jurisdiction of such charge, such court shall notify the youth court judge or the judge's designee of the conviction and sentence prior to the commencement of such incarceration.

(e) Youth court may order the destruction of certain records maintained by a criminal court. The youth court shall have the power to order and supervise the destruction of any records involving children maintained by a criminal court in accordance with section 43-21-265 of the Mississippi Code.

(f) Expungement of certain records in other courts. The youth court shall have the power to set aside a judgment of any other court rendered in any matter over which the youth court has exclusive original jurisdiction, to expunge or destroy the records thereof in accordance with section 43-21-265 of the Mississippi Code, and to order a refund of fines and costs. Such does not apply to a youth who has a pending charge or a conviction for any crime over which circuit court has original jurisdiction.

Comments & Procedures

Rule 23(a).

This provision adopts the statutory procedures for transferring cases from youth court to criminal courts. Such procedures require conducting a bifurcated hearing and making specific statutory findings. See Buck v. State, 838 So. 2d 256, 261 (Miss. 2003) ("[T]he statutory youth court transfer procedure is comprehensive and must be followed."); Hicks v. State, 870 So. 2d 1238, 1240 (Miss. Ct. App. 2004) ("The [transfer] order entered in this matter fully complied with the statutes. . . . Accordingly, [the] claim that the youth court did not have the necessary jurisdiction to transfer the case to circuit court is without merit."); Biggs v. State, 741 So. 2d 318, 331 (Miss. Ct. App. 1999) ("[B]efore transferring a juvenile for trial in the circuit courts, the youth court must first conduct a bifurcated hearing and (1) determine . . . [that] probable cause exists to believe that the child committed the alleged offense; and (2) find by clear and convincing evidence that there are no reasonable prospects of rehabilitation within the juvenile system.").

Rule 23(b).

This provision adopts the statutory procedures for transferring cases from other courts to youth court. These procedures require that the circuit court determine whether the transfer is in the best interest of the child and in the interest of justice. See State v. U.G., 726 So. 2d 151, 155 (Miss. 1998) ("Neither the best interest of the child nor "the interest of justice" overrides the other, but they can be separate interests and must be given full review by the circuit court."). But. cf. Horne v. State, 825 So. 2d 627, 634 (Miss. 2002) ("The acts of the perpetrators demonstrate a clear lack of conscience. . . . We find that, even though the circuit court erred by not considering the two factors under State v. U.G., this error was harmless."). A transfer to youth court may be made at any stage of the proceedings prior to the attachment of jeopardy. Hoops v. State, 681 So. 2d 521, 536 (Miss. 1996). By statute, "[n]o offense involving the use or possession of a firearm by a child who has reached his fifteenth birthday and which, if committed by an adult would be a felony, shall be transferred to the youth court." Miss. Code Ann. 43-21-159(7) (2008); see also Cockrell v. State, 811 So. 2d 305, 307-08 (Miss. Ct. App. 2001) (holding that section 43-21-159(7)prohibited transfer of a firearm offense committed by sixteen year old to youth court); Wash v. State, 807 So. 2d 452, 459 (Miss. Ct. App. 2001) (holding that the issue of the child's age at the time of the event is critical in determining whether a transfer is prohibited under section 43-21-159(7)).

Rule 23(c).

This provision comports with the statutory procedures. See Miss. Code Ann. 43-21-159(1) (2012).

Rule 23(d) through (f).

These provisions comport with the statutory procedures. See Miss. Code Ann. 43-21-159(2) (2008).

Miss. R. Youth Ct. Prac. 23

The Uniform Rules of Youth Court Practice were revised by order entered 7/17/2012; amended effective 12/1/2016.