People in Interest of J.D.
2020 CO 48. No. 18SC41. Roles of Juvenile Magistrates—Final Judgment and Order—Deferred Adjudication.
June 8, 2020
The People sought review of the Court of Appeals’ judgment reversing the district court’s order voiding the juvenile magistrate’s ruling. The district court had found that the juvenile magistrate lacked jurisdiction to grant J.D.’s motion to withdraw his guilty plea and, further, that J.D.’s sole remedy for a failure of his counsel to render effective assistance in advising him concerning his deferred adjudication was to file a petition with the court for reinstatement of his review rights nunc pro tunc. By contrast, the Court of Appeals found that the juvenile magistrate had jurisdiction to entertain J.D.’s Crim. P. 32(d) motion to withdraw his guilty plea because it was a motion in a delinquency case that the magistrate had been appointed to hear, and it was not a motion seeking review of any prior order of the magistrate.
The Supreme Court held that because a juvenile magistrate is not prohibited, either by statute or court rule, from revisiting his or her prior rulings, decrees, or other decisions in a case that the magistrate has been properly appointed to hear, unless and until the proceedings have culminated in a final order or judgment, and because a guilty plea, prior to sentencing and entry of a judgment of conviction, does not constitute a final judgment or order, the district court erred in ruling that the magistrate lacked jurisdiction over the juvenile’s Crim. P. 32(d) motion to withdraw his guilty plea.
Accordingly, the Court of Appeals’ judgment was affirmed, although on different grounds.
Roles of Juvenile Magistrates, Final Judgment and Order, Deferred Adjudication