DocketNumber: S18G1338
Judges: Bethel
Filed Date: 5/20/2019
Status: Precedential
Modified Date: 10/18/2024
*351**820We granted certiorari in this case to address whether the Court of Appeals erred in dismissing as moot the appeal of a juvenile delinquency adjudication.
On May 11, 2017, the juvenile court of Richmond County entered an order of disposition finding M. F. delinquent for criminal attempt to enter an automobile and placing M. F. on probation for 12 months. On May 31, 2017, M. F. filed his notice of appeal, and his case was docketed in the Court of Appeals on October 23, 2017. On appeal, M. F. argued that the evidence was insufficient to support the juvenile court's adjudication of delinquency. On May 11, 2018, M. F.'s probationary sentence concluded, and, on May 22, 2018, the Court of Appeals issued an order in which it declined to reach the merits of M. F.'s appeal, concluding that his case was moot because his probationary sentence had expired and because M. F. "has not shown, on this record, any adverse collateral consequences arising from the juvenile court's adjudication of him as delinquent." For the reasons set forth below, we reverse the order of the Court of Appeals and remand the case for further proceedings.
"[M]ootness is an issue of jurisdiction and thus must be determined before a court addresses the merits of a claim." (Citation omitted.) Shelley v. Town of Tyrone ,
**821(citation and punctuation omitted)). Dismissal of moot cases is mandatory. See Collins ,
However, we have recognized circumstances where cases that may appear to be moot are nonetheless viable due to the particular nature of the litigated issue. Specifically, in the criminal context, apparent mootness can be defeated where "adverse collateral consequences continue to plague the affected party." (Citation omitted.) In the Interest of I. S. ,
The State urges this Court to treat adjudications of juvenile delinquency as it treats misdemeanor convictions and to require that a juvenile appealing his adjudication of delinquency demonstrate collateral consequences in the record. In support of its position, the State points to OCGA § 15-11-606, which provides that "[a]n order of disposition or adjudication shall not be a conviction of a crime and shall not impose any civil disability ordinarily resulting from a conviction." But this argument ignores other consequences flowing from an adjudication of delinquency. Simply because a juvenile who has been adjudicated delinquent may later be able to vote, serve on a jury, lawfully possess a firearm, and say that he has not been convicted of a crime does not negate the fact that significant adverse collateral consequences inherently and unquestionably can flow from the adjudication.
As we held in In the Interest of M. D. H. ,
Clearly, the consequences of a juvenile's adjudication of delinquency continue to reverberate even after the expiration of his disposition.
Based on the foregoing, the Court of Appeals erred, and we reverse its order and remand this case for consideration on the merits.
Judgment reversed, and case remanded.
All the Justices concur.
Because we conclude the consequences discussed herein are sufficiently tangible and adverse to provide a presumption to juvenile defendants, we do not attempt to address the full list of consequences suggested by M. F. on appeal and argued to this Court by amicus curiae.
On the other hand, where a juvenile challenges only the disposition of his adjudication of delinquency but the disposition order has expired, the case is moot. See In the Interest of E. B. ,