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IN RE J.L.W. v. WAUKESHA COUNTY

No. 87-1676.

143 Wis.2d 126 (1988)

420 N.W.2d 398

IN RE J.L.W., a person under the age of eighteen: J.L.W., Appellant, v. WAUKESHA COUNTY, Respondent.

Court of Appeals of Wisconsin.

Decided January 13, 1988.

Attorney(s) appearing for the Case

On behalf of the appellant the cause was submitted on the briefs of Michael Yovovich, assistant state public defender.

On behalf of the respondent the cause was submitted on the brief of Barbara A. Michaels, assistant district attorney of Waukesha county.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

The issue is whether a trial court must dismiss a juvenile delinquency petition with prejudice under sec. 48.24(5), Stats., when a juvenile intake worker transfers a case to another county and a referral is not made to the district attorney of that county until after forty days from the date of the first intake worker's inquiry. We conclude, under the facts of this case, that the answer is "no."

Section 48.24(5), Stats., mandates dismissal with...

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