Does Charging Minor With ‘Violating a Previous Court Order’ Violate Child’s Due Process Rights?
In Re: Shardai Burt, Juvenile, Case no. 2007-1751 5th District Cout of Appeals (Stark County) ISSUE: Did a juvenile court violate the due process rights of a youthful offender when it adjudicated her guilty of a first-degree misdemeanor count of “violating a previous court order” based on a probation violation involving disrespectful or unruly conduct that would not have constituted a first-degree misdemeanor if committed by an adult? BACKGROUND: In this case, attorneys for juvenile offender Shardai Burt of Canton have challenged the Stark County Juvenile Court’s adjudication of Burt as guilty of a more serious charge of “violating a previous court order” (VOPCO) in a case where they say Burt’s conduct should have been grounds only for a probation violation hearing or a non-criminal “status offense” charge because her actions would not have constituted a crime if they were committed by an adult. They argue that the court’s tactic in adjudicating Burt for a VOPCO violation rather than f
