State Ex Rel. Juvenile Department v. Gates

The state appeals from an order of the circuit court dismissing a juvenile delinquency petition. It argues that the court erred in holding that the petition was automatically dismissed due to a violation of the court’s rules or that, alternatively, the petition was dismissed because of a failure to issue summons within 60 days after the petition was filed. We reverse.

Michele Dee Gates, a 13-year-old child, was charged on January 7, 1980, in a juvenile court petition with murdering Ruth Anne O’Neill by drowning her. On the same day, a detention hearing was held in juvenile court, and the child…