PCR statute applies to juvenile delinquency proceedings.

In re D.C., Juvenile, 2016 VT 72 (filed June 24 2016)

DOOLEY, J. The Vermont Constitution provides, "The Writ of Habeas Corpus shall in no case be suspended. It shall be a writ issuable of right; and the General Assembly shall make provision to render it a speedy and effectual remedy in all cases proper therefor." VT Const. CH II, § 41.

Petitioner appeals the dismissal of a complaint for post-conviction relief (PCR) under 13 V.S.A. § 7131 alleging that the change-of-plea hearing that preceded his adjudication of juvenile delinquency was constitutionally inadequate. The superior court held that the PCR statute does not apply to juvenile delinquency proceedings and that the remedy available to petitioner under 33 V.S.A. § 5113 and Vermont Rule of Civil Procedure 60(b), was foreclosed because petitioner’s claim was not timely raised. On appeal, petitioner argues the fact he is over the age of majority and no longer committed to state custody does not moot the case, and that the PCR statutes permit juveniles to collaterally attack their adjudications. We agree, reverse the superior court’s order dismissing petitioner’s PCR complaint, and remand for further proceedings.

The State -- as appellee -- can raise mootness for the first time on appeal. Town of Charlotte v. Richmond, 158 Vt. 354, 357-58, 609 A.2d 638, 640 (1992) .

In a criminal case “when a petitioner moves under § 7131 to challenge a conviction while still in custody for that challenged conviction, the trial court possesses jurisdiction to hear the claim and the expiration of the custodial term will not render the cause moot.” In re Chandler, 2013 VT 10, ¶ 6. Adverse collateral consequences of a criminal conviction are presumed and need not be proven in the individual case to avoid mootness. 2013 VT 10, ¶ 13. The Chandler rule applies here because juvenile delinquency proceedings have significant collateral consequences. We hold that petitioner’s PCR case is not moot under Chandler.

Accordingly, we proceed to the question of whether a juvenile can challenge a delinquency adjudication using the PCR statute to collaterally attack an unconstitutional delinquency conviction, or a delinquency conviction based on a guilty plea that did not comply with Criminal Procedure Rule 11, or whether the juvenile must rely exclusively on 33 V.S.A. § 5113 for any post-conviction review challenge.

In consideration of the history and significance of the Great Writ, the construction of the applicable statutes, and case law from Vermont and other jurisdictions, we conclude a person adjudicated a juvenile delinquent may bring a PCR petition to challenge an admission of guilt based on due process and Criminal Procedure Rule 11 and that the availability of PCR relief was not impliedly eliminated by the enactment of 33 V.S.A. § 5113 and Civil Procedure Rule 60.

Like other citizens of this state, juveniles have a constitutional right to petition for relief from unlawful restraint from the government, Vt. Const. ch. II, § 41, a right that does not evanesce simply due to “the condition of being a boy.” In re Gault, 387 U.S. at 28. See Shuttle v. Patrissi, 158 Vt. 127, 129-30, 605 A.2d 845, 847 (1992) (noting Vermont’s Constitution guarantees writ “ ‘shall in no case be suspended’ ” and that, while originally limited to situations resulting in immediate release from custody, habeas corpus today protects “broad range of liberty interests” (quoting Vt. Const. ch. II, § 41)); Shequin v. Smith, 129 Vt. 578, 581, 285 A.2d 708, 710 (1971) (“While a legislature may regulate the procedure with respect to habeas corpus, and to some extent, the purposes for which it may be used, the writ may not be abrogated or its efficiency curtailed by legislative action.”).

Reversed and remanded for proceedings consistent with this opinion.