In the criminal justice system, the term “auto decline” is 0ccasionally used. It is not about automobiles in any way. The term refers to part of the process used to determine whether a juvenile will be treated as an adult if the juvenile is charged with a violent serious offense.

Generally, if a defendant is a juvenile, the proceedings against them are conducted in Juvenile Court. Guilt or innocence is determined by a Judge, not a jury. The punishments imposed are limited and the focus is to try to provide help for the juvenile. Counseling and treatment to ease stressful living situations are commonly used. The jurisdiction of the court usually ends at age 18, and in every case, by age 21.

There are situations where the prosecutor may give notice of the desire to treat the juvenile as an adult because of the circumstances of the case. This is called, “decline of jurisdiction.” After a hearing, a Judge decides whether or not to allow the state to decline the juvenile jurisdiction.

In other situations, there is a “mandatory decline of jurisdiction.” In these cases, the decline of juvenile jurisdiction is “automatic” by law. This is “auto decline.” Auto decline applies when a 16 or 17 year old is accused of a serious, violent crime, such as murder or armed robbery.

The legislature decided that persons who commit these crimes will be treated as adults, but there is continuing pressure on the legislature to change this “auto” decline law. Some want all declines to be decided by a Judge. Some do not. There are valid reasons for both positions. This issue will probably surface in the legislature again this year, if the budget discussion and budget problems are ever finished.

Jonathan Walczak, in an excellent article published in the Seattle Weekly, quoted King County Prosecutor Dan Satterberg as saying, “[Auto-decline] tips the balance in favor of public safety when a 16- or 17-year-old offender commits murder, aggravated assault, or armed robbery. In those cases, the legislature has determined that adult sanctions will protect the public better than keeping the case in juvenile court, with its limited jurisdiction.”

While the legislative process is all about compromise and favors, influence and majority, it is still the voice of the people and we live with what they decide. To my view, the laws are working. There are flaws, but more often, the flaws are in the people, not the laws. I believe there is value in the old saying, “If it ain’t broke, don’t fix it.”