Proposal would speed appeals of juvenile case transfers

Either party could appeal an order granting or denying a transfer. This applies when a juvenile court decides whether to send a case to county or district court. The appeal must be filed within ten days after the order is entered. The appeal would move quickly, with no extension of time for a party unless there is exceptional cause. The Court of Appeals would issue its decision as soon as possible, and no later than 90 days after the appeal is perfected.

Statements a young person makes to a mental health professional for a transfer motion would generally be kept out of other criminal or civil proceedings. This covers statements a juvenile makes to a psychiatrist, psychologist, therapist, or licensed mental health practitioner for a motion to transfer the case. Statements could still be used in the transfer proceeding and, if the case stays in juvenile court, in disposition proceedings. If the case moves to county or district court, statements may be included in a presentence report and used to challenge materially inconsistent testimony.