State v. N.R.L.
Case #: S060355
Walters, J. for the Court; En Banc.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/S060355.pdf
Juvenile Law: ORS 419C.450, the juvenile restitution statute, is not considered civil in nature and does not entitle a defendant to a jury trial under Article 1, Section 17 of the Oregon Constitution.
Defendant petitioned for review. Defendant entered a warehouse and damaged property. Before Defendant could be deposed he moved for a jury trial under Article 1, Section 17 of the Oregon Constitution. Defendant argued under Article 1, Section 17 that he was entitled to a determination for restitution by a jury. The juvenile court denied Defendant's motion and entered judgment for restitution. On appeal, Defendant argued that ORS 419C.450, the juvenile restitution statute, was essentially a civil recovery device that provided compensation for the victims. The Court of Appeals rejected the argument on the grounds that the code was not in place at the adoption of Article 1, Section 17. Furthermore, the court held that the purpose of the code was for deterrent and rehabilitative purposes. Defendant petitioned for review. The Oregon Supreme Court held that Defendant was not entitled to a jury trial under Article 1, Section 17 because ORS 419C.450 was not civil in nature. Affirmed.