This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case concerns a delinquency petition filed against a child for an incident that occurred on June 14, 1990. The child was taken into custody, placed in detention, and later released to the custody of his attorney after a detention hearing. A petition alleging delinquency was filed on June 15, 1990, but summonses were not issued until July 5, 1990, and served on July 6, 1990. The child demanded a jury trial on June 18, 1990, and the trial was scheduled for September 24, 1990 (paras 2-4).
Procedural History
- Children's Court, September 17, 1990: The court dismissed the delinquency petition with prejudice, finding that the child was not accorded an adjudicatory hearing within the ninety-day period required by Children's Court Rule 10-226 (para 4).
Parties' Submissions
- Appellant (State of New Mexico): Argued that the ninety-day period for conducting an adjudicatory hearing began on July 6, 1990, when the child was served with the summons and petition. The state contended that the trial date of September 24, 1990, was within the prescribed time limit and that the children's court erred in dismissing the petition (para 5).
- Respondent (Child): [Not applicable or not found]
Legal Issues
- Whether the ninety-day period for conducting an adjudicatory hearing under Children's Court Rule 10-226(B) began on June 15, 1990, when the petition was delivered to the child's attorney, or on July 6, 1990, when the child was personally served with the summons and petition.
Disposition
- The Court of Appeals reversed the children's court's dismissal of the delinquency petition and remanded the case for further proceedings (para 13).
Reasons
Per Donnelly J. (Bivins and Minzner JJ. concurring):
The court held that the ninety-day period for conducting an adjudicatory hearing under Children's Court Rule 10-226(B) begins on the date the summons and petition are personally served on the child, as required by Rule 10-105(D) and Rule 1-004(F)(7). The court emphasized that service of the summons and petition is mandatory and cannot be waived in the manner attempted in this case. The trial date of September 24, 1990, was within ninety days of the July 6, 1990, service date, and the dismissal of the petition was therefore erroneous. The court found no evidence of intentional delay or prejudice to the child's due process rights (paras 6-12).