Summary of Argument

The juvenile court in Texas may waive its exclusive jurisdiction and transfer a child for prosecution in the adult criminal justice system only in those rare circumstances where the procedural protections of Section 54.02 of the Texas Juvenile Justice Code are satisfied. To permit courts to ignore the strict requirements of this statutory scheme fundamentally alters the balance between our juvenile justice and criminal justice systems and deprives similarly situated children of the process of law they are due. Where, as here, the procedural protections of Section 54.02 of the Texas Juvenile Justice Code are a surrogate for the substantive constitutional rights recognized by the Texas and United States Supreme Court, the erosion of those protections requires strict enforcement and redress. As the U.S. Supreme Court has consistently recognized, in a line of cases beginning with Kent v. United States, through Roper v. Simmons and Graham v. Florida, and in the most recent juvenile case, Miller v. Alabama, juveniles are fundamentally different from adults and must be afforded special procedural protections as a matter of due process. National organizations that represent the interests of physicians, psychiatrists, psychologists, and social workers submitted briefs to the U.S. Supreme Court as amici curiae detailing the differences between juveniles and adults identified through extensive brain science research.

Section 54.02 is the statutory embodiment of these constitutional protections and requires strict oversight and enforcement to ensure compliance. If the Texas legislature has enacted statutes formally recognizing the inherent difference between adults and children, then the Courts must ensure that children are treated fairly as children. Where these protections are ignored, the legislative intent in establishing exclusive jurisdiction in the juvenile court is frustrated, and the due process rights of Cameron Moon and all similarly situated children in Harris County are fundamentally undermined. If this Court remands to the juvenile court, clear guidance must be provided to the juvenile court to satisfy these requirements.

In addition, the remedy fashioned by this Court should be sufficient to address the systemic effects of the pattern and practice of disregarding the procedural protections of Section 54.02. Harris County has a culture of rubberstamping waivers of jurisdiction over children without thorough consideration of the child’s unique circumstances as required by Texas Family Code § 54.02. In its statutory scheme, the Texas legislature indicates an intent to protect the rehabilitative purpose of the juvenile system and balance that against the punitive and deterrent purposes of the criminal justice system when unique circumstances warrant it. The legislature could have implemented a direct file method of charging children in adult court, as other jurisdictions have, but chose not to. The legislature also could have created a statutory exclusion present in other jurisdictions. Neither direct file nor statutory exclusion laws require a hearing as does the judicial waiver process adopted by the Texas legislature. The legislature further imbued the hearing procedure with requirements mandating that the hearing be meaningful. Where, as here, that meaningful hearing is denied, the affected child must be provided one now, even if the necessary result is vacating the conviction.

Summary of Argument

The juvenile court in Texas possesses exclusive jurisdiction over children and may only transfer a child for prosecution in the adult criminal justice system under very specific circumstances. These circumstances are outlined in Section 54.02 of the Texas Juvenile Justice Code, which mandates procedural protections designed to safeguard the balance between the juvenile and criminal justice systems. These protections are not merely procedural but also serve as surrogates for substantive constitutional rights recognized by the Supreme Court. The erosion of these protections undermines the fundamental fairness and due process rights of juveniles.

The Supreme Court, in a series of cases, has recognized the inherent differences between juveniles and adults, emphasizing the need for special procedural protections for juveniles. These protections, as embodied in Section 54.02, require rigorous enforcement and oversight to ensure their effectiveness. Failure to uphold these protections undermines the legislative intent to ensure fair treatment of children and frustrates the purpose of establishing exclusive jurisdiction in the juvenile court.

Furthermore, the systemic practice of disregarding the procedural safeguards of Section 54.02 necessitates a remedy that addresses this pattern. The Texas legislature, through its statutory scheme, prioritizes rehabilitation within the juvenile system while balancing this with the punitive and deterrent aims of the criminal justice system. The legislature's choice to not implement direct file or statutory exclusion laws, which do not require hearings, underscores the significance of the judicial waiver process. The mandated hearing must be meaningful, and its absence requires a remedy, even if it necessitates vacating the conviction.

Summary of Argument

In Texas, the juvenile court has exclusive jurisdiction over children, and transfer to the adult criminal justice system is only allowed under strict procedural safeguards outlined in Section 54.02 of the Texas Juvenile Justice Code. This statute ensures that the balance between the juvenile and criminal justice systems is maintained, and that children are afforded due process.

The U.S. Supreme Court has consistently recognized that juveniles are different from adults and require special protections, as articulated in cases like Kent v. United States, Roper v. Simmons, Graham v. Florida, and Miller v. Alabama. These protections are essential because juveniles' brains are still developing, and they are more susceptible to peer pressure and impulsive behavior.

Section 54.02 is the legal embodiment of these constitutional safeguards. Courts must strictly enforce its provisions to ensure that children are treated fairly. When these protections are disregarded, the intent of the legislature in establishing juvenile court jurisdiction is undermined, and the due process rights of children are violated.

The current case highlights a pattern in Harris County, Texas, where waivers of juvenile court jurisdiction are routinely approved without proper consideration of the child's individual circumstances, as required by law. This practice undermines the rehabilitative purpose of the juvenile system and disregards the legislative intent to protect children.

The remedy in this case should address the systemic problem of ignoring procedural protections and ensure that children receive a meaningful hearing to determine if transfer to adult court is appropriate.

Summary of Argument

The Texas juvenile court system has strict rules about when a child can be tried as an adult. These rules are meant to protect children's rights and ensure they are treated differently than adults. When the court ignores these rules, it's like saying that the laws don't matter. This is unfair to the children involved.

The Texas legislature created these rules because they know that children are different from adults. They understand that children are still developing and need a different kind of justice system. The juvenile justice system focuses on rehabilitation, while the criminal justice system focuses on punishment.

By not following these rules, the court in Harris County is denying children their right to a fair hearing. This means the children must be given a chance to have their case heard properly, even if it means throwing out their convictions.

Summary of Argument

The Texas juvenile court can only send a child to adult court in very rare situations. This is because special laws are in place to protect kids and make sure they get fair treatment. These laws are important because they recognize that kids are different from adults and need special protection. When these laws are ignored, it means kids aren't being treated fairly, and that's not right. If this Court sends the case back to the juvenile court, it needs to make sure that the juvenile court follows the rules.

Texas has laws in place to keep kids in the juvenile justice system, where they can get help and support. These laws are designed to balance the need to punish and deter crime with the need to help kids get back on track. The Texas legislature has chosen to protect kids by requiring a special hearing before they can be sent to adult court. When a kid doesn't get a fair hearing, they need to be given another chance, even if it means taking away their conviction.