District Teen Courts, Teen Courts, Youth Courts, Student Courts
A Rose by Any Other Name: Facts, Myths and Fiction
(Reprinted in Part: A Case In Point, October 1994, Vol. 10, 1)
Generically, you can say there are a number of "Teen Court Programs" in the country. Factually, however, like a rose that comes in different colors, sizes, and shapes, not all teen courts are the same. All Teen Court Programs have some similarity and all deal with youths, but there are major differences among them.
Teen Courts are an evolution of growth that has seen its biggest growth in just the last few years. For example, today in Texas there are over 100 cities that have teen courts available to them. This is a growth of over 400% over a few years ago. Other states, such as Georgia, Kentucky, Idaho, Florida, Colorado, Alaska, New Mexico, Arizona, and others, are also seeing a growth in local teen courts, but not at the same quantity rate as Texas. In some states, however, the numbers have gone up and down due to the availability or the lack of funds.
Teen Courts are a process by which youths may undergo deferred adjudication through the judicial system but they go beyond that as they can also be used as a dispositional alternative. Teen Courts can be used to handle cases referred to them by the various courts that deal with youth offenders including but not limited to justice of the peace courts, municipal courts, and district juvenile courts. In addition, military installations, law enforcement agencies, governmental and non-profit agencies, businesses and even parents may refer youths to the Teen Court Programs.
Teen Court Programs, especially District Teen Court Programs, are much more than deferred adjudication and dispositional alternatives to court procedures. They are and can be leadership programs comprised of law-related, job-related, and general educational and counseling programs. In addition, they are designed to prevent and reduce the use of alcohol and drugs among youths, as well as juvenile crime in general.
There have been a number of articles printed in the newspapers and magazines around the country. A number of other publications refer to teen courts including books, criminal and judicial related publications such as judge's training manuals, state law books, and "Federal Probation" published by the Administrative Office of the U.S. Courts, as well as others. There have also been a number of television programs that have featured or covered the use of teen court.
Many of the articles and other media contain errors regarding the history of teen courts. Many of them state that the concept of teen courts first started in Texas in 1983 and then began in other cities. In reality, formal teen courts started as early as the 1930s in California. While one teen court did start in Odessa, Texas in 1983, teen courts have been around since the 1950s, 60s, and 70s.
Most teen courts have been established by elected or appointed officials and have relied heavily on tax support to survive. Over the years, teen courts have fallen to the wayside for a number of reasons. Sometimes, it was due to the election of new candidate who then disbanded the existing teen court. Other times, it was due to the lack of continuous funding. Other times, it was simply mismanaged and the individuals involved lost interest and consequently the program was closed.
Most of the teen court programs around the country, both past and present are supported by the taxpayers. Most programs operate at the expense of thousands of dollars of the taxpayers' moneys. Many operate at an expense between $20,000 and $40,000 a year or more.
There is only one known self-supporting teen court program that operates strictly as a nonprofit organization and without the direct financial support of any tax supported program or agency.
That program is the District Teen Court Program of the National Teen Courts of America and Teen Clubs of America, Inc. which was founded by Sir Richard D. Weaver, National Executive Director, who became involved with teen courts, as early as the 1950s, and CO-founder Earl H. Guptill, Assistant National Executive Director. It has established District Teen Court Programs in different cities under strict and specific guidelines. All District Teen Court Programs are directly accountable to the National Headquarters.
The National Teen Court of America And Teen Clubs of America, Inc. operates the only certified and classified program in the country. Teen Courts are certified and classified as District Teen Courts Class I, II, III, and IV.
Class I District Teen Courts specifically operate directly under the National Teen Courts of America And Teen Clubs of America, Inc. They maintain the highest standards and guidelines. Their operation to a great extent was patterned after local, state and federal court rules of procedure. Their operation is strictly adhered to and can be compared to in one sense as a franchise or branch of a particular company. That is to say that, much like a branch or franchise, the policies and procedures are uniformly carried out, regardless of location. For example, the teen attorneys involved in a District Teen Court located in San Antonio, Texas could travel to a District Teen Court in another city and properly prosecute or defend a defendant in the local District Teen Court as the procedures are uniformed in both District Teen Courts.
Class II, III, and IV District Teen Courts also operate under specific, but lower, standards and guidelines. In addition, they are generally independent of the national organization, except for maintaining certain standards and guidelines. For example, records are maintained of all youths going through a certified and classified District Teen Court Program and all certified programs must forward such records in timely fashion.
Many Teen Court Programs are not certified for a number of reasons. They may not be aware that certification is available to them. They may be aware , however, are afraid to apply in fear of the rating they may get. Many feel theirs is the best operating anywhere and do not wish to find out that they are lacking in quality, standards, or procedures acceptable for a certification rating. There are some programs that are simply satisfied to continue going at their own pace without any real desire for growth and have no interest in certification.
The records maintained by the national organization are far more extensive and accurate than those held by state agencies. To clarify this statement, we use the example of the State of Texas in which the laws state that teens can take the "Teen Court" program only once every two (2) years. The state does not maintain any records of the teenagers taking the teen court
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Annual Cost To Tax Payers To Operate 3 Teen Court Programs*
Independent, UnCertified, UnClassified
Teen Court X $20,000.00
Independent, UnCertified, Unclassified
Teen Court Y $40,000.00
Certified District Teen Court Class I of the
National Teen Courts of America And
Teen Clubs of America, Inc.*
*A Not-For-Profit Organization $0.00
*Sample Data from Research Spanning 1989-1994 Total $60,000
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(Total of Five (5) Tables in Article - not all Included in Excerpt)
program except for those taking the program to dismiss traffic violations.
The National Teen Courts of America And Teen Clubs of America, Inc. maintains confidential records on all referred cases of youths.
One of the known problems of many organizations is their failure to follow the requirements of FERPA, the Family Educational Rights and Privacy Act and state laws such as the Texas Open Records Act.
The National Teen Courts of America And Teen Clubs of America, Inc. specifically addresses these issues and has incorporated their guidelines and requirements into its own standards and guidelines.
The guidelines and standards set by the national organization have incorporated a great deal more than just those two areas. They deal with the family codes, criminal codes, and rules of civil and criminal court procedures.
In 1989, the National Teen Courts of America And Teen Clubs of America, Inc. established and operated a law-related education program as part of its District Teen Court Program. The following year, in 1990, the National Training and Dissemination Program
(now known as Youth For Justice) of the Office of Juvenile Justice and Delinquency Prevention of the United States Department of Justice started their law-related education program in 16 pilot sites in the country and continues to operate its law-related education program to this day. The National Teen Courts of America And Teen Clubs of America, Inc. which continues to operate its law-related education program was and is obviously not only on the right track but far ahead of others.
Many Teen Court Programs employ a number of employees and operate on a 40 hour a week or longer schedule. Other programs operate only once a month for 2 or 3 hours. Some programs are operated all year and others operate only during the school year. All of these programs do not operate under the same standards as that required of a Class I District Teen Court of the National Teen Courts of America And Teen Clubs of America, Inc.
Many "teen court" programs in reality are not true "teen courts." For example, many use an adult judge and therefore are nothing more than an adult court assisted by teens.
In some cases the "teen court" is a panel of teenagers that conduct a hearing of the teenager in which both the teenager and the parents are questioned by the teen panel. In this situation, an adult serves as a court mediator.
The mediator interrupts the proceedings in the event members of the teen panel ask inappropriate or embarrassing questions of either the parents or the youth defendant. This type of program would never receive a classification or certification from the National Teen Courts of America And Teen Clubs of America, Inc.
In a District Teen Court Class I, not only are parents not questioned, but they are not even allowed in the courtroom when their child undergoes "his or her" hearing. To understand this rationale, one only needs to ask a teenager a compromising question twice. Once in front of his parents and once in the absence of his parents. If the teenager is guilty of an offense, he or she is more likely to deny it to the parents to avoid additional consequences.
Additionally, District Teen Court hearings have uncovered information that a regular adult judge in the regular court did not or could not find out. For example, one judge referred a teenager to a District Teen Court Class I that had used an alias during the regular hearing. In another case, the adult judge was not aware that the juvenile in question had dropped out of school a long time before appearing before the judge on a non-school related matter.
Statistically, Teen Courts have proven very successful in the reduction of recidivism of juveniles. Most independent teen courts have reported an average of 15% in the failure rate. The District Teen Court Program of the National Teen Courts of America And Teen Clubs of America, Inc. has had less than five (5) known cases of recidivism since 1989.
One of these cases, was of a teenager that initially was referred to the District Teen Court for the violation of Minor in Possession of Alcohol. The second violation of this teen was over a year later and it was for defacing school property. More specifically, the teen had simply written the name of a gang in a school book. The teen was not a member of any gang, but the school took the stance of zero tolerance in this case. The method of disciplining a teen years ago for such an infraction would have been simply to make certain that the name was erased from the school book or if it could not be erased, the book would have been paid for. In addition, the teen would have been required to write a 300 word essay on why its wrong to deface school property, particularly a school book. This procedure is still followed in most schools. Times have changed.
The success that the District Teen Court Program has experienced is due in great part to the standards and guidelines required by the National Teen Courts of America And Teen Clubs of America, Inc. Many teen court programs are simply counterparts of regular adult criminal courts in which the old saying "if you do the crime, you do the time" is prevalent. That is to say, many teen courts will require community service, but not much more, of a teen violator. In other words, where are the real growth and corrective measures taken to provide the juvenile offenders encouragement for self-growth and for the reduction of recidivism.
The use of Teen Courts throughout the country also varies with the time required to complete such a program. The time required varies between 90 days and six months. The type of program utilized by the specific Teen Court, however, is much more important than the time required to complete the program in question. For example, the District Teen Court Program that is completed within 90 days has proven much more successful than others required to be completed within six months.
The National Teen Courts of America And Teen Clubs of America, Inc. publishes a brochure that lists over 100 logical, legitimate, and worthy reasons for using a Teen Court Program, particularly a District Teen Court Program. The reasons are divided into various categories. For example, five of the many reasons under the judicial category are: 1) reduction of court time to handle cases; 2) reduction of backlog; and 3) reduction of work load for staff; 4) reduction of appeals; and 5) free use of supplies for court documents.
There are individual advantage reasons for families of teens taking the Teen Court Program. For example, the family members, parents and children alike, becomes more aware of the important role they play in the family unit. More respect and understanding is given to each other. The S.T.E.P.S. program is the Seminar Training For Effective Parenting Skills program that helps parents regain or improve their parenting abilities which are of particular help to parents of at-risk students such as truancies, failures, or drop-outs.
The individual teenager involved in the District Teen Court Program grows in self-respect, leadership abilities, self-confidence and much more. The teen is involved in a law-related education program that teaches him not only the judicial system, but also about civil and criminal matters. In addition, the job related education prepares the teenager for entering the world of work with such seminars as the job interview techniques seminar. This particular seminar prepares the teen for applying for a job and increasing the chances of getting that job.
There are also general education seminars for example, the teen can learn time management for students that aids in improving grades at school.
The S.U.C.C.E.S.S. program is Students Using Career, Counseling, and Educational Seminars Successfully to stay in and graduate from school . An excellent program for at-risk students which can be used in conjunction with S.T.E.P.S.. or students in general.
The T.A.P.E.S. program provides Teenager Alcohol Prevention and Education Seminars to discourage the use of alcohol. An excellent program for DWI, PI, MIP violators or students in general.
The T.I.D.E. program is the Teens Involved in Drug Education program that works to prevent and deter the use of drugs by teenagers, including tobacco products.
The community, city, county, and state in general also greatly benefit from the use of the Teen Court Programs. The programs reduce crime in the streets; allow better use of law enforcement personnel; helps keep the cost of law enforcement down, provides community service volunteers; reduces use of tax dollars; helps keep unemployment from rising; increases options for tax fund use; encourages tourism through a crime free community; encourages new residents for crime free communities; reduces long term crime statistics; reduces long term need for more jails; reduces juvenile delinquency and recidivism.
Most Teen Court Programs have one (1) advisory board that helps make decisions on the operational methods of the teen court programs. The District Teen Courts of the National Teen Courts of America And Teen Clubs of America, Inc. have advisors on the General Advisory Council and the following additional boards: Youth Council, Judicial Council, Law Enforcement Council, Business Development Council, Leadership Council, Scholarship Council, Partnership for a Crime Free America Council, Education Council, Diplomats Council, Communications Council, Government Council, Ambassadors Council, Membership Council, Presidents Council, and Chairman's Council.
The path taken by teenagers referred to a Teen Court program generally takes one of two directions. The procedures followed by most teen courts is that once the teenager goes before a regular judge and pays the court cost, the teenager then goes through an intake session with a teen court coordinator and is then scheduled on another day for a hearing before an adult judge with a teen jury that decides the punishment of the teenager. The teen jury on a violation of minor in possession of alcohol, for example, generally issues the following punishment: community service of 38-56 hours with service on the teen jury of three occasions. Once the community service and jury time is served, the case is dismissed
The path taken in a District Teen Court varies dramatically from most teen court programs.
At the initial hearing with the regular judge, the teen is ordered to immediately appear at the next regularly scheduled District Teen Court hearing.
When the teenager appears, with one or both parents, they immediately go through processing session in which all necessary documents are filled out and explained. In addition, any questions the teenager and parents may have are thoroughly answered. Minutes later, after the session has ended, the teenager undergoes a hearing on the same day. The hearing is before a complete court staff made up of teenagers, including the judge and attorneys. An adult Court Master is present to make certain all proceedings are carried out in a professional manner, but seldom interrupts the proceedings as the teenagers are well trained. The teenagers on the jury and the teen judge jointly determine the punishment of the teen defendant. A typical order for a minor in possession of alcohol includes, but is not limited to the following. The teen must return for up to 12 weekly follow-ups. During the follow-ups the teen is provided law-related, job-related, and general education seminars, including seminars on the prevention and deterrence of the use of alcohol and drugs. In addition, counseling, mentorships, and role models are provided in both adult and teenage levels. The teen is also given two types of curfews - one for nights before school days and one for nights when there is no school the following day. the teenager is also required to write an essay on why its wrong to drink alcoholic beverages. The teenager is also required to participate in community service and get involved in a variety of programs such as Say No to Drugs and Say No to Alcohol.
The teenager is also required to serve jury duty. In addition to the jury duty, the teenager is given the further responsibility, if appropriate to serve as a bailiff.
More importantly, however, is that the teenagers is phased into a teen club program that monthly enjoys such events as barbecues, parties, and other things.
Teen Court Programs have advantages to them that Defensive Driving Courses do not have. Teenagers that have recently received their driver's license seldom learn additional information that they do not already know. Most teenagers and many adults, as well, report that they are simply wasting their time when they take the defensive driving courses and that they find them boring. As a result of this fact, more and more comedy defensive driving classes are being
established, but this really isn't a joking matter. This statement, however, does not mean that learning doesn't take place and benefit the student in question.
What is important is that the teenager in question goes through an eight (8) hour class in one or two days and then is able to have the traffic violation in question dismissed. In reality, the teenager has not really learned a lesson about violating the law. The lesson learned, you might say, is that in the event the teenager violates a traffic law, it only takes a one day class to have it dismissed. A class that does not even require an exam to pass, but rather the presence of a warm body.
Defensive Driving Courses are needed, but they simply do not have the same corrective effect on students as does a Teen Court Program. You can find numerous defensive driving classes operated by different for profit companies and non-profit organizations in every major city and in most smaller cities, as well.
What you do not find in every city are defensive driving programs paid for at the tax payers expense. Rightly so, as it should not be the financial responsibility of tax payers to help traffic violators have their tickets dismissed. It's enough of a financial burden to tax payers that they have to pay for jails, prisons, and other correctional institutions, without having to pay for the defensive driving programs, as well.
Teen Court programs are somewhat similar to defensive driving in that they are designed to dismiss traffic violations. They are also designed to serve as corrective measures.
Financially, however, many, if not most, independent Teen Court Programs are a financial burden on the tax payers. The programs vary in annual operating costs, but generally all operate between $20,000.00 and $60,000.00 a year. This is an expense that should be the financial responsibility of the violators themselves, as is the responsibility of violators taking defensive driving courses.
Granted, it can be rationalized that the long term savings to the tax payers is worth it when you determine that teen recidivism is lowered.
If you face the reality of it, however, you will know that the long term savings as well as the annual operating costs can be saved by having the programs operate without the expense to the tax payers.
The District Teen Court Programs of the National Teen Courts of America And Teen Clubs of America, Inc. are a prime example of this point.
The District Teen Court Programs have been operating quite successfully and in all cases have offered teenagers a great deal more than the tax supported programs operating around the country.
All tax supported Teen Court Programs are beneficial to the cities, counties, and communities in general that they operate in. No one is saying to close them down, however, if the opportunity arises for any city not operating a Teen Court Program to have a District Teen Court Program established, they should immediately accept the opportunity. In fact, they can make their own opportunity by simply contacting any District Teen Court Program or the National Headquarters c/o The National Teen Courts of America And Teen Clubs of America, Inc., P. O. Box 17513, San Antonio, Texas 78217-0513.
