Nice to know that the AG and the Lt.Gov are sane and want to see this assailant tried as an adult. The problem is that it is not their call.
I posted the relevant statute above, but here it is again:
Quote:
Discretionary Waiver
Mo. Stat., Tit. XII, Sec. 211.071
Upon its own motion or that of any party in the case of a child of at least 12 accused of a felony, the juvenile court may order a hearing to consider whether to dismiss the delinquency petition and transfer the child for adult prosecution. (However, the court must at least hold a hearing to consider transfer where the child is accused of one of a number of listed offenses: first or second degree murder, first degree assault, forcible rape, forcible sodomy, first degree robbery, or distribution of drugsor has committed two or more previous felonies.) Before the hearing, a written report on the child 's history, record, offense, rehabilitation prospects, etc., must be prepared for the juvenile court's consideration. Following the hearing, the court may dismiss the case to permit adult prosecution if it finds that the child is not a proper subject to be dealt with under the juvenile law, taking into account a number of determinative considerations (including "racial disparity in certification") specified by law. An order of dismissal to permit adult prosecution must be supported by written findings.
Assuming that your info above (1st degree assault charges having been filed), the
boldface language seems o REQUIRE that the Juvie Court judge hold a certification hearing. The problem is that Juvie Court judges are notorious for NOT wanting to certify minors as adults, so what happens if that judge does NOT fulfill that duty and hold a hearing sua sponte?
Arguably, a petition for mandamus would be the procedural vehicle to force the Juvie Judge to fulfill this obligation, but WHO has the standing to file the mandamus?
The statute ALSO says that a "party in the case" has standing to request a hearing. So, the relevant question is whether someone such as a parent of the victim is a "party in the case" for purposes of this provision. Logically, one would think so, but is anyone here familiar with Missouri law?
The statute does NOT give either the AG or the Lt.Gov standing to demand such a hearing. While I agree with their desire to see a certification, they are both just posturing ... to the extent they are representing themselves to have the authority to force a certification hearing.