Motions for a Change of Venue; Motions for Recusal of the Judge

• Author: Anthony G. Amsterdam/Martin Guggenheim/Randy A. Hertz
• Profession: University Professor and Professor of Law at New York University/Fiorello LaGuardia Professor of Clinical Law at New York University School of Law/Professor of Clinical Law at NYU School of Law
• Pages: 405-414

405

CHAPTER 20

MOTIONS FOR A

CHANGE OF VENUE;

MOTIONS FOR RECUSAL

OF THE JUDGE

PART A. MOTIONS FOR A CHANGE OF VENUE

§ 20.01 Statutory and Constitutional Rules

Governing Venue in a Delinquency Case

§ 20.01(a) The Statutory Provisions

In most jurisdictions the juvenile statutes specify the venue of delinquency cases. Some

States follow the typical adult criminal court rule that offenses are triable only in the

county (or circuit, or other judicial unit) comprising the place in which the offense was

committed. See, e.g., Colo. Rv. S. A. § 19-2-105 (2012); M. Rv. S. A. tit.

4, § 155(1) (2012); N.Y. F. C. Ac § 302.3(1) (2012).

Other States broaden the traditional criminal rule, granting discretion to the juve-

nile court to set venue either in the count y in which the offense was committed or in t he

county in which the child resides. See, e.g., Co. G. S. A. § 46b-142(a) (2012);

G. C A. § 15-11-29(a) (2012); O. Rv. S. §419C.013(1) (2012); W. Rv.

Code A. § 13.40.060(1) (2012) (for “cases in which diversion is provided by statute”).

Still other States give t he judge discretion to choose among the location of the cri me,

the county in wh ich the child resides, and the locale in which the ch ild was apprehended.

See, e.g., Cl. Wlf. & I. Co § 651 (2012).

Finally, in some States, if the trial is held in the county in which the crime was

committed, the case can thereafter be transferred for disposition to the child’s county

of residence. See, e.g., Colo. Rv. S. A. §19-2-105(1)(a) (2012); G. C A.

§15-11-30(b) (2012); N.Y. F. C. Ac §302.3(4) (2012); W. Rv. Code A.

§ 13.40.060(2)(b) (2012). The theory u nderlying such postconvict ion changes of venue is

that the issues to be decided at disposit ion—the respondent’s need for treatment or con-

finement; the types of community-based services available in the child’s community—

are likely to depend upon witnesses and evidence located in the child’s home county.