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Criminal Jurisdiction over a Minor – Statutory Interpretation

By: Derek Hawkins//December 18, 2019//

Criminal Jurisdiction over a Minor – Statutory Interpretation

By: Derek Hawkins//December 18, 2019//

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WI Supreme Court

Case Name: State of Wisconsin v. Matthew C. Hinkle

Case No.: 2019 WI 96

Focus: Criminal Jurisdiction over a Minor – Statutory Interpretation

We review whether Fond du Lac County Circuit Court properly exercised adult-court criminal jurisdiction over then-16-year-old Matthew C. Hinkle based on Milwaukee County Circuit Court’s prior decision to waive Hinkle from juvenile court to adult court. Our decision turns on the interpretation of Wis. Stat. § 938.183(1) and how its text prescribes the practice commonly referenced by those handling juvenile cases as “once waived, always waived.

Hinkle contends Wis. Stat. § 938.183(1) confines the “once waived, always waived” rule to each individual county— meaning Hinkle could be waived into adult court only if another Fond du Lac County Circuit Court previously waived him. He argues Fond du Lac improperly relied on Milwaukee’s waiver and, as a result, the Fond du Lac County Circuit Court lacked competency to handle his case. The State disagrees with Hinkle’s restrictive view of Wis. Stat. § 938.183(1). The State argues the statute’s text does not impose a county-specific restriction; instead, the State construes the statute to give circuit courts across Wisconsin original adult-court jurisdiction over crimes committed by juveniles who have been previously waived into adult court when those prior proceedings are still pending or when the prior proceedings resulted in conviction. Both the circuit court and the court of appeals agreed with the State. We do as well.

We hold Wis. Stat. § 938.183(1) conferred exclusive original adult jurisdiction over Hinkle based on Milwaukee County Circuit Court’s prior waiver. The text of the statute does not impose a county-specific limitation on the rule commonly referred to as “once waived, always waived.” The Fond du Lac County Circuit Court properly relied on Milwaukee’s waiver to move Hinkle from Fond du Lac’s juvenile jurisdiction to Fond du Lac’s adult jurisdiction. Accordingly, the Fond du Lac County Circuit Court possessed competency to hear Hinkle’s case under the criminal code applicable to adults. We affirm the decision of the court of appeals.

Affirmed

Concur:

Dissent: DALLET, J. dissents, joined by A.W. BRADLEY, J. (opinion filed)

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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.

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