Rule 4-110. Transfer of juvenile cases from district and justice courts to the juvenile court.

Intent:

To establish criteria and procedures for transferring juvenile cases from the district and justice courts to the juvenile court.

Applicability:

This rule applies to juvenile, district and justice courts.

Statement of the Rule:

(1) The justice court may transfer a criminal matter in which the defendant is a minor to the juvenile court under Section 78A-7-106.

(2) The district court may transfer a traffic matter in which the defendant is a minor to the juvenile court for post-judgment proceedings if:

(2)(A) the case has been adjudicated, either by the entry of a guilty plea or by a trial on the merits; and ;

(2)(B) there is an outstanding fine or restitution obligation or a compensatory service order; and

(2)(C) reasonable collection efforts have been made, including the issuance of an order to show cause or bench warrant; and

(2)(D) an order has been issued to the State Driver's License Division suspending the minorís driver's license; and

(2)(E) the minor is in contempt of court.

(3) Fine revenue generated by the juvenile court in cases transferred for post-judgment proceedings is state revenue.

(4) Cases transferred from the district or justice court shall be accompanied by an order of transfer and a mailing certificate verifying that a copy of the order was mailed to the minor and, where available, to the minorís parent, guardian or custodian.