Cumberland Times-News

Local News

June 16, 2010

Teen Court to start in Hampshire

ROMNEY, W.Va. — Teen Court that will offer juvenile misdemeanor and status offenders a community-based alternative to the formal court process will soon become a reality in Hampshire County, two years after Hampshire County Judge Donald Cookman initiated efforts for the second-chance program.

A status offense is behavior that is unlawful for children, even though the same behavior is legal for adults. The age of the actor thereby makes the conduct a public offense. Most common status offenses are truancy, running away from home, disobeying parents, curfew violations and alcohol possession by minors.

The program is patterned after several successful Teen Court programs in the United States. It is based on the philosophy that a youthful law violator does not continue to be an offender when a peer jury decides punishment.

Focusing on youth accountability and development, the program provides a way for youthful offenders to keep their records clean — as long as no further charges are filed.

Juvenile offenders, with parental permission, may appear in Teen Court where they appear before a judge who is usually a retired judge or attorney.  The jury is comprised of youths and the prosecutor and defense attorney are youths as well. Parents of the accused may attend the hearing and participating youths must take an oath of confidentiality. Violating the oath results in being removed from the program.

Youths ages 11-17 plead guilty and are then sentenced by the peer jury. The sentence — under the review of the judge — may may consist of an order to write an apology, ordering of restitution in the case up to $450 and community service. The violator must also serve on the teen court jury two times as part of the sentence. Violators have 90 days to complete their sentence. Failure to complete the sentence automatically moves the case to circuit court. Youths who successfully complete their sentence may have their records expunged upon completion of the sentence. Most defendants are in the program for about three months.

The teens receive instruction and guidance from the attorneys. The bailiff can be a teen although some officials believe an adult bailiff seems to be more effective.

Angie McQuaid is Hampshire County's Teen Court Coordinator/AMERICORPS

VISTA (Volunteers in service to America). “My sponsoring organization is the Eastern Regional Family Resource Network,” said McQuaid who received four days’ training in May in Atlanta to serve as the teen court coordinator.

McQuaid said early projections indicate up to 30 cases could be referred to teen court by the prosecuting attorney’s office in addition to any number of cases referred by Hampshire High School and Romney and Capon Bridge middle schools.

“We are in the first stage of starting this project and awaiting Judge Cookman’s signature to a working agreement along with signature of Chief Probation Officer John Robaugh who has expressed support for the program,” said McQuaid. In preparation for the operation of Teen Court, McQuaid has met with various officials including Hampshire County Prosecutor Steve Moreland, the Hampshire County Sheriff’s Office, Morgan County Teen Court coordinator Charlie Willard and Teen Court statewide director Greg Puckett. The program also relies on the active support of the Hampshire County school system and local lawyers.

McQuaid said the court is ready to begin operation.

“Everything is ready to go and I have established the contacts for the advisory board members and other volunteers that will be needed for the program,” said McQuaid.

Beverly Evert, executive director of the Eastern Regional Family Resource Network, said Cookman contacted her in 2008 to initiate efforts for a teen court in Hampshire County. “Judge Cookman also initiated the court-appointed special advocates program that trains and provides advocates for children in the system who are victims of abuse and neglect,” said Evert.

Evert said McQuaid was hired specifically to serve as the teen court coordinator. The family resource network seeks and manages grants for various programs and provides support services in the hope that programs, such as teen court, will eventually “be able to stand alone.”

“If these kids get a second chance through teen court, we’re hoping that they learn from their mistakes and they don’t come back into the system,” said Evert.

Teen courts have been in operation in West Virginia since July 2006, according to the West Virginia Teen Court Association.

For more information on teen court in Hampshire County, call teen court 304-822-5200 or the Eastern Regional Family Resource Network at 822-5787.

Contact Jeffrey Alderton at jlaldeton@times-news.com.

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