Serious Juvenile Offender Order-Discretion

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. T. H., Jr.

Case No.: 2023AP000285

Officials: Stark, P.J.

Focus: Serious Juvenile Offender Order-Discretion

According to testimony introduced at the waiver hearing, Thomas— then sixteen years old and without a driver’s license—was driving a car with three passengers when he decided to drive over a dip in the road at “70 to 100 miles per hour” so that the vehicle would “catch air.” Thomas crashed the vehicle, resulting in the deaths of two of the passengers and serious injuries to the third passenger.

Thomas appeals a nonfinal order that waived him from juvenile court into adult court. Thomas argues that the circuit court erroneously exercised its discretion by: finding that it could not enter and stay a serious juvenile offender (SJO) order—which would have extended the time during which Thomas could remain under juvenile court supervision; making dispositional findings concerning Thomas’ eligibility for the SJO program at the waiver hearing; and failing to explain the basis for its finding that the one year and five months available for Thomas’ juvenile supervision was insufficient to protect the public. The appeals court concluded that the court did not erroneously exercise its discretion. The record therefore reflects that the circuit court’s order was based upon the need for protection of the public. Given the seriousness of Thomas’ offenses, coupled with his significant treatment needs, the court wanted Thomas to be supervised long enough so that he would be required to participate in all treatment and programming necessary to be certain that he did not engage in future offenses.

Affirmed.

Decided 10/03/23

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