T.R.A., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, ET AL., RESPONDENTS
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A child detained for contempt of court must be released via habeas corpus because Florida law prohibits incarcerating juveniles for contempt under Chapter 39, despite the court's disapproval of the result.
Juveniles may not be incarcerated in secure detention for contempt of court under Florida Chapter 39.
[1] Under Florida Chapter 39, a juvenile may not be incarcerated in secure detention as punishment for contempt of court.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The juvenile justice system already has substantial problems and, after this decision, the juvenile court will have no real means to protect itself from those who disregard its authority or disobey its orders.”
Dissenting opinion in A.A. v. Rolle quoted by the court expressing concern about the inability to enforce court authority over juveniles.
A juvenile was placed in secure detention after being adjudicated delinquent for contempt of court, specifically for telling the trial judge "Screw yo…
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PER CURIAM.
Petitioner, a child, was placed in secure detention after being adjudicated delinquent for contempt of court and seeks a writ of habeas corpus. In A.A. v. Rolle, 604 So. 2d 813 (Fla.1992) the Florida Supreme Court held that under Chapter 39, juveniles may not be incarcerated for contempt of court by being placed in secure detention. We deny the state’s request that we hold the case in abeyance pending the outcome of the motion for rehearing in A.A. v. Rolle and grant the petition and issue the writ of habeas corpus for the immediate release of the child from secure detention on the conviction for contempt. We do so with considerable disgust. In this case the juvenile contemptuously told the trial judge, “Screw you,” a fairly obvious expression of his contempt for the juvenile court system. That contempt has now been justified, since the contemner goes unpunished. The observation in the dissenting opinion in Rolle by Justice Over-ton bears re-emphasis:
The juvenile justice system already has substantial problems and, after this decision, the juvenile court will have no real means to protect itself from those who disregard its authority or disobey its orders. I suggest that the legislature immediately address the problem and return to the judiciary in juvenile proceedings this important and necessary power. PETITION GRANTED and WRIT ISSUED.
COBB, COWART and HARRIS, JJ., concur.