STATE IN RE V.A.

No. (A-9/19/20), September Term 2011, 068707.

50 A.3d 610 (2012)

212 N.J. 1

STATE of New Jersey in the Interest of V.A., a minor. State of New Jersey in the Interest of T.H., a minor. State of New Jersey in the Interest of C.T., a minor. State of New Jersey in the Interest of M.R., a minor.

Supreme Court of New Jersey.

Decided September 12, 2012.


Attorney(s) appearing for the Case

Lon C. Taylor , Assistant Deputy Public Defender, argued the cause for appellant C.T. ( Joseph E. Krakora , Public Defender, attorney; Mr. Taylor and Joel A. Friedman , Designated Counsel, on the briefs).

Patrick C. O'Hara, Jr. , Designated Counsel, argued the cause for appellant V.A. ( Joseph E. Krakora , Public Defender, attorney).

William M. Fetky , Designated Counsel, argued the cause for appellant M.R. ( Joseph E. Krakora , Public Defender, attorney).

Nancy A. Hulett , Assistant Prosecutor, argued the cause for respondent State of New Jersey ( Bruce J. Kaplan , Middlesex County Prosecutor, attorney).

Laura A. Cohen argued the cause for amici curiae American Civil Liberties Union of New Jersey Foundation, Advocates for Children of New Jersey, Association of Criminal Defense Lawyers of New Jersey, W. Haywood Burns Institute, Campaign for the Fair Sentencing of Youth, Campaign for Youth Justice, Center for Children's Law and Policy, Center for the Promotion of Mental Health in Juvenile Justice, Dean Todd Clear, Dean John J. Farmer, Jr., Dean Robert L. Johnson, Juvenile Law Center, Latino Leadership Alliance of New Jersey, National Association of Counsel for Children, National Association of Social Workers, National Association of Social Workers-New Jersey Chapter, National Center for Youth Law, National Juvenile Defender Center, New Jersey Institute for Social Justice, New Jersey State Conference of NAACP, Northeast Juvenile Defender Center, Rutgers School of Law-Camden Children's Justice Clinic, Rutgers Urban Legal Clinic, Rutgers School of Law-Newark, and Youth Law Center (New Jersey Institute for Social Justice and Rutgers Urban Legal Clinic, Rutgers School of Law-Newark, attorneys; Craig R. Levine , of counsel; Ms. Cohen , Mr. Levine , Corey W. Parson , a member of the California and New York bars, and Marsha L. Levick , a member of the Pennsylvania bar, on the brief).

Jeanne Screen , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Jeffrey S. Chiesa , Attorney General, attorney).


Justice LaVECCHIA delivered the opinion of the Court.

In this appeal we review a decision by a county prosecutor to seek waiver of three juveniles, aged sixteen at the time of their offenses, to adult court for acts of delinquency that, as charged, were equivalent to aggravated assault, robbery, and second-degree conspiracy. A Family Part judge found probable cause that the juveniles committed the offenses but denied the waiver motion. The Appellate Division reversed...

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