The Court shall conduct an adjudication hearing for the purpose
of determining whether the juvenile committed kyé batze.
The adjudication hearing shall be held within forty-two (42)
calendar days after the petition is filed with the Court and the juvenile
is in custody. If the juvenile is not in custody, the adjudication
hearing shall be held no later than eighty-four (84) calendar days
after the petition is filed. The Court may set matters earlier on
the Court docket as the interests of justice require.
Continuances of an adjudication hearing may be granted by the
Court but only:
A.
Upon stipulation of the parties; or
B.
Where process cannot be completed; or
C.
If the Court finds that the testimony of a presently unavailable
witness is needed; or
D.
One time only for up to fourteen (14) calendar days at a parent's
request to allow parent(s) to obtain counsel; or
E.
Adjudication hearing adjourned if referred to CIT. If, after the
filing of a petition, the Judge refers the case to the CIT to develop
a plan for the juvenile, the proceedings on the petition may be held
in abeyance and the adjudication hearing adjourned until the informal
proceedings conclude or the petition is dismissed; or
F.
For good cause shown.
A.
A juvenile may make a plea of admission or of no contest to the allegations
contained in the petition, including an amended petition, which would
establish the juvenile has committed the alleged offense. A juvenile
may only enter a plea of no contest with the permission of the Court.
The plea may be taken at any time after the filing of the petition.
Before accepting a plea of admission or a plea of no contest, the
Court must advise the juvenile on the record or in writing, which
is made a part of the record:
(1)
Of the allegations in the petition;
(2)
Of the right to a Court appointed attorney;
(3)
That if the Court accepts the plea, the juvenile will give up rights
to a trial by Judge; to have the petitioner prove the truth of the
allegations beyond a reasonable doubt of the evidence, to have witnesses
against him/her, and have witnesses which might support his/her defense
be subpoenaed to testify in Court; and
(4)
Of the consequences of the plea.
B.
The Court shall not accept a plea of admission or no contest until it satisfies itself that the allegations contained in the petition are supported and that the plea is knowingly, understandingly, and voluntarily made. Following acceptance and entry of a plea of admission or no contest, the Court shall schedule a disposition hearing in accordance with Article XIII of this chapter.
At the adjudication hearing under this chapter, a juvenile shall
have the following rights:
A.
To have a Court appointed attorney to represent them;
B.
To have a copy of all charges against them and to consult with their
attorney before the hearing;
C.
To be present in Court for the hearing;
D.
To subpoena witnesses on their own behalf and to cross examine witnesses
called against them;
E.
To testify or not as they choose but that no inference of guilt shall
be made by the Court if the juvenile chooses not to testify;
F.
To have only legally admissible evidence admitted in Court; and
G.
To be proved to have committed kyé batze or to be determined
to come within the jurisdiction of the Court by proof beyond a reasonable
doubt.
