Case working its way through a court system veiled in secrecy

Hours after Friday’s shooting of James and Lizettte Eckert of Alton, an 11-year-old boy was in Family Court, where he was formally charged.

The child, who was arrested at midmorning, was charged as a juvenile with reckless conduct second-degree murder in the death of Lizette Eckert, and the attempted murder of James Lizette, who at the time was clinging to life in a Portsmouth hospital.

So began an opaque legal process — one that is deliberately shielded from the public eye. Given the secrecy of juvenile proceedings, the process is one few people fully understand.

As of mid-day Monday it remained unclear when or whether the charges against the boy would be upgraded in light of James Lizette’s death Friday night.

Two attorneys who agreed to speak on background outlined the process juveniles go through when their cases go to court:

Once a child juvenile appears in Family Court, the court appoints an attorney to represent the child unless the child is already represented by private counsel.

In New Hampshire, a juvenile is entitled to a trial within three weeks of being charged. However, the process can take longer if prosecutors seek to certify the child as an adult or the child’s attorney asks for an extension.

There are two laws which deal with the process of certifying a juvenile as an adult in a criminal case. One of them deals with juvenile delinquency. The other — part of the criminal code — deals with immaturity.

The process of determining whether to certify an accused juvenile as an adult takes place in Family Court, and is confidential.

The juvenile delinquency statute states that any felony case can be transferred to Superior Court if it satisfies certain requirements — the alleged crime is serious, violent, affects people or property, whether the minor has been in trouble with the law before, and the extent of the minor’s ability to fully understand his actions.

If the Family Court concludes the case should be transferred to Superior Court, the Family Court will release its ruling publicly, explaining the reasons for its decision.

The immaturity statute cites murder and serious assault as offenses for which a minor can potentially be charged as an adult. It specifically states “a person 13 years of age or older may be held criminally responsible for (such) offenses.”

It is this wording that has some legal experts questioning whether a minor age 12 and under can ever be charged as an adult, regardless of the severity of the crimes.

When a minor’s case is under the jurisdiction of the Family Court, the accused can be held at the state Youth Detention Services Unit, where they may remain awaiting court disposition of their case, placement, or adult certification. If the minor is certified as an adult, then that defendant is placed under the supervision of the state Department of Corrections while the case is before the Superior Court.

The secrecy of juvenile cases are based on two are two lines of thought: Confidentiality helps juvenile criminal offenders later in life, and confidentiality promotes integrity and reputation for juvenile offenders and their families.

The law understands that juveniles are not as capable as adults to make rational and logical decisions. So courts usually seal juvenile criminal records so as not to hurt a defendant’s chances of obtaining gainful employment or higher education. Also, a key to a juvenile’s rehabilitation is for offenders to admit their guilt and apologize to the victims. By understanding their offenses will be kept confidential, juveniles will be more inclined to admit their guilt and begin their rehabilitation.

Another reason for the confidentiality is that the public will not have access to the details of the crime, which allows family members to avoid a stigma and negative reputation.