§77.04 Juvenile Court Jurisdiction

• Jurisdiction: Washington

§ 77.04 JUVENILE COURT JURISDICTION

[1] Authority and Exceptions

"Jurisdiction" means the authority of the court to hear a juvenile's case. Juvenile court has original and exclusive jurisdiction over juveniles alleged or found to have committed offenses, traffic or civil infractions, or violations. RCW 13.04.030(1)(e).

There are few exceptions to a juvenile court's exclusive jurisdiction. The three most common are: (1) traffic, fish, boating, or game offenses or infractions committed by a 16- or 17-year-old, which are heard in a court of limited jurisdiction, RCW 13.04.030(1)(e)(iii); (2) serious crimes committed by 16- and 17-year-olds that result in exclusive adult jurisdiction, RCW 13.04.030(1)(e)(v); and (3) when the juvenile court formally declines jurisdiction in favor of adult court, RCW 13.04.030(1)(e)(i). See § 77.05, below, for more on declination.

"Juvenile" is defined as an individual under the chronological age of 18, who has not been declined to adult court or is otherwise under adult court jurisdiction. RCW 13.40.020(15). Juvenile court jurisdiction is determined by examining the offender's age at the time proceedings are instituted, not the age at the time of the offense. State v. Calderon, 102 Wn.2d 348, 684 P.2d 1293 (1984); State v. Ring, 54 Wn.2d 250, 339 P.2d 461 (1959). Thus, a case can only be filed in juvenile court prior to the offender turning age 18, despite the fact the crime was committed prior to age 18.

There is never juvenile jurisdiction over offenses committed by a person 18 or older, regardless of any prior extensions in other cases. RCW 13.40.300(5). If the offense was committed prior to age 18, but charges were not filed until after age 18 because of some delay by the state, it will have the burden of showing the delay was not deliberate or negligent, and the defense has the burden of showing that the delay was so prejudicial as to violate fundamental concepts of justice. State v. Oppelt, 172 Wn.2d 285, 257 P.3d 653 (2011) (citing Calderon, 102 Wn.2d 348); State v. Dixon, 114 Wn.2d 857, 792 P.2d 137 (1990); State v. Alvin, 109 Wn.2d 602, 746 P.2d 807 (1987); State v. Frazier, 82 Wn. App. 576, 918 P.2d 964 (1996); State v. Gidley, 79 Wn. App. 205, 901 P.2d 361 (1995).

A matter properly charged in juvenile court may not remain in juvenile court if the offender turns 18 prior to adjudication unless, prior to turning 18, jurisdiction is further extended by court order. RCW 13.40.300(3)(a); Calderon, 102 Wn.2d 348. The...