T.R.B. v. State Wisconsin

This is a review of a decision of the court of appeals 1 reversing an order of the Circuit Court for Washington County, Richard T. Becker, circuit Judge. The circuit court waived juvenile court jurisdiction 2 and referred the matter to the district attorney to institute appropriate criminal proceedings. Because the district attorney had not presented testimony and the juvenile court had not heard testimony at the waiver hearing, the court of appeals reversed the order of waiver and remanded the case to the juvenile court to hold a hearing on the waiver issue. We affirm the decision of the court of appeals. We note as a preliminary matter that the case is not moot, as T.R.B. argues. Even though T.R.B. reached the age of 18 on January 30, 1982, he is not beyond the juvenile court's jurisdiction. Sec. 48.12(2), Stats. 1979-80, provides that if a court proceeding has been commenced under sec. 48.12 before a child becomes 18 years of age, but the child becomes 18 years of age before admitting the facts of the petition at the plea hearing or if the child denies the facts before an adjudication, the court retains jurisdiction over the case to waive its jurisdiction.