Kansas Supreme Court Rules Juveniles Have Right to Jury Trial

TOPEKA, Kan. — Juvenile offenders have a constitutional right to trial by jury the Kansas Supreme Court ruled in a decision that could influence policies in other states.

In a 6-1 decision, the court found that changes to the state juvenile justice code since 1984 have eroded the rehabilitative character and benevolent, parental orientation of the juvenile justice system.

“We are undaunted in our belief that juveniles are entitled to the right to a jury trial guaranteed to all citizens under the Sixth and 14th Amendments to the U.S. Constitution,” according to the majority opinion, which was written by Justice Rosen.

The court concluded that the juvenile justice system is now oriented toward punishing offenders and protecting public safety.

“These purposes are more aligned with legislative intent for adult sentencing statutes,” according to the majority decision.

The erosion of the qualitative distinctions between the adult and juvenile systems renders the maintenance of non-jury proceedings for juveniles unconstitutional, according to the court.

The decision will undoubtedly lead to an increase in the number of trials, which may force the state to increase budgets, hire more judges, prosecutors and court staff, and expand courtroom space for the juvenile justice system, officials say.

In the 12 months ending mid-year 2007, state prosecutors filed almost 14,000 juvenile offender cases, according to state records.

Under Kansas law, juvenile offenders who plead not guilty are tried by a district court justice. The judge has the power to grant a request for trial by jury under limited circumstances.

Ten states grant juvenile offenders the right to jury trial and an additional 11, including Kansas, allow jury trials under limited circumstances.

The Sixth and 14th Amendments guarantee all defendants the right to a speedy trial by an impartial jury and prevent states from abridging rights guaranteed by the federal Constitution.

The majority decision also pointed to the state Constitution’s Bill of Rights, which stipulates that defendants are entitled to a speedy trial by impartial jury “in all prosecutions.”

The court’s ruling reverses a decades-old precedent that juvenile offenders do not have a right to jury trial because the juvenile justice system is qualitatively different from the adult criminal justice system.

In 1971, the U.S. Supreme Court ruled juveniles are not automatically entitled to a jury trial and the Kansas Supreme Court issued a similar ruling in the 1980s.

The court’s citing of Constitutional provisions precludes an appeal of the decision to the U.S. Supreme Court, legal experts state.