Kodiak Teen Court is a state-approved program in which youth serve as judges, prosecuting attorneys, and defense attorneys (as well as court bailiffs, court clerks and jurors) in real criminal cases involving youth under the age of 18. These programs are also called “Youth Courts” or “Community Diversion” courts. To become a Kodiak Teen Court attorney, you most be between the 8th and 12th grade, complete the Kodiak Teen Court law class, take the Bar Examination, and complete related exercises. Once complete, attorneys are sworn into the Bar Association by the current Supreme Court judge or Magistrate.
Kodiak Teen Court accepts cases that are referred from the Alaska State court system, the Alaska Department of Juvenile Justice (DJJ), and the Kodiak Island Borough School District. These cases typically involve minors who have committed misdemeanor offenses or offenses involving alcohol such as an MIP (Minor in Possession of Alcohol), but can also include other status offenses. The offenders, known as “Clients” have voluntarily chosen to have their case handled by Kodiak Teen Court. These proceedings are closed to the public to protect the confidentiality of the juvenile involved. Clients must be 18 or under at the time of the offense to be eligible for Kodiak Teen Court.
During review of the case, the assigned attorneys determine whether or not there is probable cause to believe the client committed a crime or infraction. If the assigned attorney's review of the case determines that there is no probable cause for the charges, the case is dismissed. Once dismissed, the case is returned to the referral agency. If probable cause exists to believe the client committed the alleged offense, the client is given an opportunity, during arraignment, to choose a jury trial or to make a plea of no-contest or guilty.
Upon being found guilty during trial or making a plea of no-contest or guilty during arraignment, sentencing arguments from the Kodiak Teen Court prosecuting and defense attorneys are made to a three-judge panel, whom decide upon an appropriate sentence. In the case of a rule violation, the client has already plead guilty or no-contest prior to selecting to be heard by Kodiak Teen Court, moving directly into sentencing. All clients have the right to appeal their sentence if they believe it is too harsh. An adult attorney will act as a legal advisor in the courtroom.
The client has between thirty (30) and sixty (60) days to complete their sentence. Once successfully completed, the case is returned to the referring agency and the charges, if applicable, are removed from the client's history. If the sentence is not completed in the allocated time, the case is returned to the referral agency for further action.
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