Opinion
24-K-375
08-21-2024
STATE OF LOUISIANA v. J.J. IN RE STATE OF LOUISIANA
APPLYING FOR SUPERVISORY WRIT FROM THE JEFFERSON PARISH JUVENILE COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JENNIFER G. WOMBLE, DIVISION "A", NUMBER 2022-JU-339
Panel composed of Judges Marc E. Johnson, Scott U.Schlegel, and Timothy S. Marcel
WRIT DENIED
Relator, the State of Louisiana, seeks review of the Jefferson Parish Juvenile Court's July 13, 2024 ruling terminating J.J.'s active probation, over its objection, without first serving a written motion for modification upon all parties at least three days prior to a contradictory hearing, pursuant to La. C.Ch. art. 910.
On the showing made, the writ application is denied. According to the writ application, J.J.'s probation appears to be the only order from the June 15, 2023 disposition still in effect at the time of the July 2024 review hearing. The juvenile court "may terminate an order of disposition at any time while it is still in force." La. C.Ch. art. 909. Further, at the July 13 review hearing, the state did not dispute any of the testimony offered by J.J.'s probation officer and custodian, or present any argument or evidence to the court, other than the recommendation for J.J.'s active probation to continue given at the end of the "Department of Juvenile Services Review Summary" dated June 13, 2024, in support of its request.
MEJ
TSM
SCHLEGEL, J., DISSENTS WITH REASONS
I respectfully dissent. The Louisiana Children's Code provides that a motion to modify a disposition and grant an early termination of probation must be in writing and served upon all parties at least three days prior to the hearing unless waived by the parties. See La. Ch.C. art. 910. In this case, an early termination was granted upon the oral motion of the juvenile without advance notice. Thus, the procedure in Article 910 was not followed. Accordingly, I would grant the writ.
SUS