PROCEDURE FOR RESTORATIVE TEEN COURT

1. Bailiff calls the court to order and announces the Judge. “Please rise. This court in and for Barron County is now in session. Honorable ____________________presiding.”

2. The Judge may make any opening statements, such as:

“I would like to welcome everyone to Teen Court. The respondent has voluntarily agreed to come to Restorative Teen Court and has already admitted guilt. The respondent will receive constructive sanctions after hearing testimony.”

3. The judge explains confidentiality before the oath is given. The Judge stresses the importance of confidentiality and the meaning of confidentiality.

“Confidentiality is a serious expectation in Restorative Teen Court. You have the responsibility as a member of the court not to share personal information about the case with anyone. That means do not tell the name or any identifying characteristics of the respondent to your family, your best friend, your teacher, or anyone else. You have a serious responsibility and obligation to keep these proceedings confidential. Anyone who breaks confidentiality may, and probably will, be charged with contempt of court.”

Ask everyone in the courtroom to stand and raise their right hand.

“Do you solemnly swear or affirm that you will not divulge, either by words or signs, any information which comes to your knowledge in the course of a Restorative Teen Court session, and that you will keep secret all said proceedings, which will be held in your presence.”

“You may be seated.”

4. The Judge asks the respondent to please rise and face the jury.

“Does anyone on the jury know this respondent?”

“How do you know the respondent?”

“Will it affect your ability to determine fair constructive sanctions?”

“Does anyone on the jury know the lawyers?”

“Will it affect your ability to determine fair constructive sanctions?”

“Is there any jury member who feels that they cannot be fair for any reason?”

“Do the prosecution and defense accept the jury?”

5. Ask the Clerk to call the case.

“Case number ___________ in the interest of _______________________.”

6. The jury stands and raises their right hand. The Clerk swears in the jury.

“Do you solemnly swear or affirm that you will objectively weigh the issues in this case and render fair constructive sanctions according to the testimony, and guidelines of Restorative Teen Court?”

7. The judge asks the prosecuting attorney to make the appearances. After the appearances,

the Judge asks:

“Are the prosecution and defense ready to proceed?”

8. The prosecution and defense make their opening statements.

9. The Judge asks the defense attorney to call their first witness. The respondent is sworn in by the Clerk, “Do you solemnly swear or affirm to tell the truth, the whole truth, and nothing but the truth?” The Judge then asks the respondent to take the witness stand.

10. The defense and the prosecution attorneys examine the respondent. Redirect/Re-cross are offered to the attorneys. The jury is allowed to ask questions. The Judge may ask questions.

11. The Judge asks the defense attorneys to call their next witness. The parent(s) or guardian(s) are sworn in and questioned by the defense and prosecution attorneys. Redirect/Re-Cross are offered. The jury may ask questions. The Judge may ask any questions.

12. If the victim wishes to speak, they may do so at this time; or if there is a victim impact statement it is read at this time by the prosecuting attorney.

13. Closing arguments by the prosecution, first, then the defense. Rebuttal is offered to the prosecution.

14. The Judge gives instructions to the jury, of constructive sanctioning options and jury duties.

YOUR FIRST DUTY WHEN YOU RETIRE IS TO SELECT A FOREPERSON. THE DECISION YOU MAKE MUST BE UNANIMOUS. DURING YOUR DELIBERATION ALL PERTINENT MATTERS (SUCH AS WHETHER THE RESPONDENT IS REMORSEFUL; WHETHER PUNISHMENT HAS BEEN RECEIVED FROM PARENTS OR OTHERS FOR THE OFFENSE; AND THE SPECIFICS OF THE EVENT SHOULD BE CONSIDERED. REMEMBER THAT IT IS EACH JUROR’S DUTY TO THE RESPONDENT AND THE COMMUNITY TO SPEAK THEIR MIND. IF A JUROR SIMPLY GOES ALONG WITH THE CROWD, THEY ARE NOT DOING THEIR JOB. USE THE CONSTRUCTIVE SANCTIONING FORM TO GUIDE YOU. THE MINMUM CONSTRUCTIVE SANCTIONS THAT YOU CAN GIVE ARE THE TEEN/PARENT WORKSHOP AND AT LEAST ONE NIGHT OF JURY DUTY. PLEASE THINK ABOUT YOUR DECISION CAREFULLY BECAUSE I MAY MODIFY THE SANCTIONS IF I FEEL IT NECESSARY. BAILIFF, PLEASE ESCORT THE JURY TO THE JURY ROOM.”

The Bailiff says, “ALL RISE.” The Bailiff waits outside the deliberation room, and informs the judge when constructive sanctions have been determined. The Bailiff escorts the jury back to the courtroom and says, “ALL RISE,” as the jury enters the courtroom.

15. After the jury returns, the Bailiff brings the constructive sanctioning form to the Judge who reads and signs the form. If the constructive sanctions are acceptable to the Judge, the Judge states that there is no need to modify the decision. If the Judge modifies the decision, the court is informed.

16. The Bailiff returns the form to the Foreperson. The Judge asks the respondent and his/her parents(s)/guardian(s) to rise. The Foreperson reads the constructive sanctions. After the reading, the Judge asks the defendant and the parent(s)/guardian(s) if they understand the constructive sanctions; and if they accept them. The Bailiff then takes the sanctioning form to the Clerk.

17. The Judge says:

“Please remember your oath of confidentiality. The names and events of Restorative Teen Court Trials are not to be discussed with anyone. Thank you for your participation.”

The Judge then makes the following final comments to the respondent:

a. There is only one opportunity to attend Restorative Teen Court.

b. All constructive sanctions must be completed within 60 days.

c. That only when the sanctions are completed will the Restorative Teen Court Coordinator ask for a dismissal of the charges.

d. After they finish the Restorative Teen Court Program, the respondent will not have a public record.

e. If the constructive sanctions are not completed within 60 days, they will be referred back to the referring agent for further action.

f. If during the 60 days the respondent becomes involved in additional charges, they will immediately be dismissed from the Restorative Teen Court Program, and not be eligible for its benefits.

“A Restorative Teen Court Staff member will meet with you now and explain the constructive sanctions and answer any questions you may have.”

18. The Bailiff then adjourns court: “ALL RISE, THIS COURT IS NOW ADJOURNED.”

19. The respondent, along with their parent(s)/guardian(s), goes with the Restorative Teen Court Staff for processing as the next case prepares. The courtroom remains quiet.