2006 Nebraska Revised Statutes - § 43-261 — Juvenile charged in court other than juvenile court; transfer to juvenile court; procedure.

Section 43-261
Juvenile charged in court other than juvenile court; transfer to juvenile court; procedure.

Before the plea is entered, or in case a felony is charged, at any time prior to or at the preliminary hearing, the court shall advise any person who was a juvenile at the time of the commission of the alleged act charged in any court other than a juvenile court that such juvenile may orally or in writing move the court in which the charge is pending to waive jurisdiction to the juvenile court for further proceedings under the Nebraska Juvenile Code. If a felony is charged, such motion shall be filed in the county or district court, and the hearing shall be held before a county or district judge. Such motion may be entered at any time prior to commencement of trial or acceptance of a plea of guilty or no contest by the court. The court shall schedule a hearing on the motion within fifteen days. The customary rules of evidence shall not be followed at such hearing. The county attorney shall present the evidence and reasons why the case should be retained, and the defendant shall present evidence and reasons why the case should be transferred, and both sides shall consider the criteria set forth in section 43-276. In deciding the motion the court shall, after considering the evidence and the reasons presented by the parties and the matters required to be considered by the county attorney pursuant to section 43-276, transfer the case unless a sound basis exists for retaining jurisdiction.

Nothing in this section shall prohibit the county attorney from waiving any objection to such a transfer even when a complaint is filed. In such cases it shall be sufficient for the court to sustain the motion of the juvenile without entering a finding.

The court shall set forth findings for the reason for its decision, which shall not be a final order for the purpose of enabling an appeal. If the court determines that the juvenile should be transferred to the juvenile court, the complete file in the court shall be transferred to the juvenile court and the complaint may be filed in place of a petition therein. The court making such transfer shall order the juvenile to be taken forthwith to the juvenile court and designate where the juvenile shall be kept pending determination by the juvenile court. The juvenile court shall then proceed as provided in the Nebraska Juvenile Code.

Nothing in this section shall be construed to require more than one transfer proceeding.

Source:

Laws 1981, LB 346, § 17

Laws 1982, LB 787, § 10

Laws 1985, LB 447, § 18

Cross References:

Waiver of jurisdiction to juvenile court,see section 29-1816.

Annotations:

The general rule is that on request by a juvenile, the district court must transfer a juvenile case involving a felony from district court to juvenile court, unless a sound basis for retaining jurisdiction exists. State v. Reynolds, 246 Neb. 802, 523 N.W.2d 377 (1994).

The record must provide an adequate basis for a meaningful review by the Supreme Court as to whether the district court abused its discretion in refusing to grant a motion for transfer of a juvenile case to the juvenile court. State v. Doyle, 237 Neb. 60, 464 N.W.2d 779 (1991).

A request to a court to waive jurisdiction to the juvenile court raises a jurisdictional challenge, and a defendant may appeal an unfavorable ruling even after entering a plea of guilty or tendering a plea of no contest. State v. Phinney, 235 Neb. 486, 455 N.W.2d 795 (1990).

~Reissue Revised Statutes of Nebraska