Amici Curiae Brief of the Center for Children & Youth Justice and Juvenile Law Center in Support of Respondent
Serena E. Holthe
Marsha L. Levick
Jessica Feierman
Riya Shah
Catherine Feeley
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Summary

Washington's practice of sealing juvenile court records is in line with U.S. Supreme Court precedent, which emphasizes the need for special protections for youth.

2014 | Federal Juristiction

Amici Curiae Brief of the Center for Children & Youth Justice and Juvenile Law Center in Support of Respondent

Keywords youth; special protections; record sealing; rehabilitation; protective treatment of youth; brain science; impulsivity; peer pressure; decision-making; risky behavior
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Summary of Argument

This Court has repeatedly held that juvenile court records may be sealed, and has rejected the argument that Article I, Section 10 ofthe Washington Constitution applies to juvenile records. In re Lewis, 51 Wn.2d 193, 198, 316 P.2d 907 (1957); Seattle Times Co. v. Ishikawa, 97 Wn.2d 30, 36, 640 P.2d 716 (1982) (en bane) [hereinafter Ishikawa]. The unique status of adolescents, and the unique rehabilitative purposes of thejuvenile justice system, weigh in favor of protecting juvenile records. Lewis, 5l Wn.2d at 198. The parties have presented the arguments under Washington law.

Amici write separately to emphasize that this Court's recognition o f the distinct characteristics o f youth, and the importance o f sealingjuvenile records, is further supported by the United States Supreme Court jurisprudence on children and national research on the importance of confidentiality ofjuvenile court records.

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Summary of Argument

This court has established precedent in recognizing the potential for sealing juvenile court records. The court has also rejected the applicability of Article I, Section 10 of the Washington Constitution to juvenile records. This judicial approach is guided by the distinctive characteristics of adolescents and the rehabilitative objectives of the juvenile justice system, further strengthening the rationale for protecting juvenile records. The parties have presented their arguments within the framework of Washington state law.

Amici curiae add to this discussion by highlighting that the Supreme Court's jurisprudence on minors and national research on the significance of juvenile court record confidentiality further bolster this Court's recognition of youth's unique characteristics and the importance of sealing juvenile records.

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Summary of Argument

The Washington Supreme Court has consistently ruled that juvenile court records can be sealed, rejecting arguments that the state constitution's protection of public access to records applies in this context. This precedent, established in cases like In re Lewis and Seattle Times Co. v. Ishikawa, acknowledges the unique characteristics of adolescents and the rehabilitative goals of the juvenile justice system. These factors support the need to protect juvenile records.

While the parties have focused on state law arguments, additional arguments can be made based on federal court rulings regarding children and national research emphasizing the importance of confidentiality in juvenile court records.

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Summary of Argument

The Washington Supreme Court has consistently ruled that juvenile court records can be kept private. This decision is based on the understanding that juvenile court records are different from adult court records because juvenile courts focus on rehabilitation rather than punishment. This focus on rehabilitation means that protecting the privacy of juveniles is important. This court has also rejected the argument that the Washington Constitution requires juvenile records to be public.

The parties involved in this case have presented their arguments based on Washington state law. However, other groups have also submitted arguments that highlight how important it is to keep juvenile records private. These groups point to the United States Supreme Court's rulings about the special rights of children, as well as national research that shows how important confidentiality is for juvenile court records.

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Summary of Argument

The court says that we can seal juvenile records. They say this is because teenagers are different, and the justice system tries to help them get better. The court has already said this in other cases. Some people also say that the court should seal these records because it helps teenagers and is important for their privacy. They say that other courts in the United States agree.

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Footnotes and Citation

Cite

Brief of the Center for Children & Youth Justice and Juvenile Law Center as Amici Curiae in Support of Respondent, State v. S.J.C., No. 90355-7 (Wash. Aug. 11, 2014).

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