Statutory Interpretation – Juvenile Competency

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Case Name: State of Wisconsin v. A.L.

Case No.: 2019 WI 20

Focus: Statutory Interpretation – Juvenile Competency

The Milwaukee County Circuit Court, T. Christopher Dee presiding, denied the State’s motion to recall A.L.’s juvenile delinquency proceedings. We review the court of appeals’ decision reversing the circuit court. A.L. seeks review of two issues: (1) whether a circuit court can resume suspended juvenile delinquency proceedings to reexamine the competency of a juvenile who was initially found not competent to proceed under Wis. Stat. § 938.30(5)(d) (2015-16) and not likely to become competent within the statutory time limits; and (2) whether the circuit court retains competency over juvenile delinquency proceedings after an accompanying juvenile in need of protection or services (JIPS) order has expired.

We conclude that a circuit court can resume suspended juvenile delinquency proceedings to reexamine the competency of a juvenile who was initially found not competent and not likely to become competent within the statutory time frame. We also conclude that a circuit court retains competency over juvenile delinquency proceedings even after an accompanying JIPS order has expired. Accordingly, we affirm the decision of the court of appeals.

Affirmed

Concur: KELLY, J. concurs (opinion filed).

Dissent:

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.