By Stephen Smoot
Creative use of the court system has created a number of second chance opportunities for adult offenders in the area. Day Report and Treatment Court (formerly called “Drug Court”) have provided a number of powerful success stories.
These diversion programs keep families together, push former offenders down productive paths, and free local governments from the costs of jailing prisoners.
Pendleton County will soon see a new program to help teenaged offenders to find their second chance as well through teen court.
Ta-Yare Meade, a case manager with Eastern Regional Family Network, addressed the Pendleton County Commission earlier this month. She shared that on Sept. 4, Judge H. Charles Carl III signed an administrative order to allow Meade and others to work toward establishing the teen court program in Pendleton County.
Referrals will start in December.
Jurisdictions have implemented different types of teen courts for different reasons across the United States, perhaps starting as early as the 1940s. The State of West Virginia passed enabling legislation in the 1990s, joining many states that established them. The American Probation and Parole Association states that “teen courts constitute one avenue for employing concepts such as positive peer influence, accountability, competency development, and youth involvement to offer communities a prevention and early intervention program.”
Meade explains that “teen court is a unique ‘second chance’ justice program for youth between the ages of 11 and 18, if still in high school, who are alleged to have committed a status offense or an act of delinquency which would be a misdemeanor if committed by an adult.”
Offenders get referred to teen court by the circuit court, magistrate court, prosecuting attorney’s office, probation office, law enforcement, and school resource officers. The youth must be “a suitable candidate for the program.”
Adult judges preside in teen court, but all other participants come from the offender’s peer age group. The prosecutor, defense attorney, and jurors are all teenagers themselves. Adult attorneys mentor both the prosecution and the defense in each case. Cases proceed in most ways as an adult court would, with opening statements, presentations of evidence, examination, cross-examination, a verdict, and sentencing.
“A sentence can,” as Meade says, “include mandatory community service, jury duty in future teen courts, and participation in an educational, prevention, intervention, or family support program.” Sentences match the severity of the offense and may involve restitution in certain cases. Juveniles thus sentenced have six months to complete it. Upon completion, charges get dismissed. Non completion or additional charges put the offender into violation of the program.
At that point, the prosecuting attorney’s office will likely take up the charges and file them in official court.
Meade emphasizes that two of the many significant benefits of teen court come in responsibility and accountability. Many children who come to be involved, whether through offending or volunteering to help, come from households facing serious challenges. “The teen court program,” Meade stated, “helps to reinforce self-esteem, build confidence, provide motivation for self-improvement, and promote a healthy attitude toward authority.”
It also works to educate children “about the impact of their actions on themselves, victims, and their community.” Participants gain benefits also learned in club and extracurricular activities, such as social, public speaking, and citizenship skills while learning about the struggles and challenges often faced by others.
Socialization and education from the program lead to strong bonds among participants. Meade shared that “our teen volunteers form friendships with each other and offenders that, if not for teen court, may never have been formed. Meade describes the development of a growing, supportive community of peers that operates much like those created by Day Report and Treatment Court because friendships made here “can be inspirational and help others overcome fears.”
Meade has operated a teen court in Grant County that included a number of Pendleton County participants. She explained how she engaged the “Law and Public Safety” class at South Branch Career and Technical Center. Shelly Crites, director, Julie Colaw, assistant principal, and Monica Bennett, class instructor, helped her to integrate teen court volunteering into the class.
Students “assumed the roles of prosecutors, defense attorneys, bailiff, and clerk.” Two Pendleton County students acted as defense attorneys and bailiffs in cases. All SBCTC students could serve on the jury, which involved more students from Pendleton County.
She described how one of her Grant County students, who “had set his career goal to be a DNR officer,” started “realizing what he is capable of with his knowledge of the law and his performance as a defense attorney and as a prosecutor.” The student changed his career path from law enforcement to lawyer.
Teen volunteers, with parental permission, can fill out the roles needed. They receive mandatory training.
