On Point: 7. Disposition

State v. Mercedes S., 2012AP1524, District 2, 1/16/13

Court of appeals decision (1 judge, ineligible for publication); case activity

Delinquency — sanctions for violation of disposition order — exercise of discretion

Imposition of additional period of secure detention upheld, against challenge that the court did not consider other options and, contrary to State v. Ogden, 199 Wis. 2d 566, 544 N.W.2d 574 (1996), 

State v. Malcolm L., 2011AP714, District 2, 10/12/11

court of appeals decision (1-judge, not for publication); for Malcolm L.: Eileen A. Hirsch, SPD, Madison Appellate; case activity

Juvenile courts have authority to stay sex offender registration, § 938.34(16), and State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1. Here, the trial court erroneously failed to exercise discretion on Malcolm’s request for such a stay.

Madison Metropolitan School District v. Circuit Court for Dane County, 2011 WI 72, affirming summary order; case activity

Juvenile Delinquency Disposition – Expelled Student

A juvenile delinquency court lacks authority to order a school district to provide educational services to a delinquent whom the district has expelled.

¶5   We conclude:

…

(2)  A circuit court does not have statutory authority to order a school district to provide alternative educational services to a juvenile who has been expelled from school by a lawful and unchallenged expulsion order but is still residing in the community.

State v. Emanuel M., 2010AP2175, District 1, 3/15/11

court of appeals decision (1-judge, not for publication); for Emanuel M.: Devon M. Lee, SPD, Madison Appellate; case activity

The trial court made the requisite findings for SJOP disposition, § 938.34(4h): the juvenile was at least 14 years old; the adjudication offense(s) qualified under the statute; correctional placement was the only other appropriate disposition (as to which, the trial court’s multiple references to “Wales”

court of appeals decision (1-judge, not for publication); for Eric A.:  pro se; case activity

Expungement – Delinquency Adjudication, § 938.355(4m)(a)

Denial of petition for expungement of repeated sexual assault of child adjudication is affirmed.

¶8        Here, the court determined that the offense was too serious, and it would be against public policy, to permit expungement.  The court’s order stated society would be harmed by granting expungement. 

State v. Justin J., No. 2010AP1796, District 3, 1/19/11

court of appeals decision  (1-judge, not for publication); for Justin J.: Shelley Fite, SPD, Madison Appellate; case activity

Secure detention of 30 days was proper exercise of discreiton:

¶10      In this case, the factors the court considered and its statements show that the court used a “rational and explainable” process to determine the thirty days’ secure detention. 

State v. Andrew J.K., 2006 WI App 126

For Andrew J.K.: George M. Tauscheck

Issue/Holding: Where a juvenile, in response to a State’s motion to lift a stay on corrections commitment, stipulated to placement in a local program, his subsequent termination from that program subjected him to a lifting of the stay notwithstanding that the program was not a statutorily authorized dispositional alternative:

¶18      Although the court approved the stipulation,