No Jury Determination of Oregon Juvenile Restitution

by Mark Wilson

On October 3, 2013, the Oregon Supreme Court held that juveniles do not have a constitutional right to a jury determination of the amount of restitution they owe.

Prior to 2003, Oregon judges had discretion to award restitution in juvenile delinquency proceedings, based upon the rehabilitative and deterrent effect of such awards.

In 2003, however, voters amended the Oregon Constitution to grant crime victims a constitutional right to “receive prompt restitution” from juvenile and adult offenders. The Legislature then amended the juvenile restitution statutes to make the imposition of restitution mandatory.

After he was adjudicated delinquent for breaking into a warehouse and damaging property, an Oregon youth sought a jury determination of the amount of restitution he owed, pursuant to Article I, section 17, of the Oregon Constitution, which requires jury trials in “all civil cases.” While recognizing that restitution has traditionally been considered a criminal sanction, the youth argued that the 2003 amendments transformed juvenile restitution proceedings into civil proceedings. The trial court disagreed, denied the motion and ordered him to pay restitution totaling $ 114,071.13.

The En Banc Oregon Supreme Court affirmed, holding that the “youth is incorrect... in suggesting that because a crime victim has an enforceable right to restitution, a restitution determination is analogous to a private right of action for damages.”

The Court found that the “youth also is incorrect that, because courts are now mandated to impose restitution, whether or not it will serve deterrent and rehabilitative purposes, the ‘primary purpose’ of restitution... is to compensate victims.”

Ultimately, the Court concluded “that a restitution determination... is not civil in nature.” Therefore, Article I, section 17, of the Oregon Constitution does not grant the right to a jury determination of the restitution amount.

The Court recognized that Article VII (Amended), section 3, of the Oregon Constitution creates a jury trial right in any action in which the amount in controversy exceeds $750, and Article I, section 11, of the Oregon Constitution guarantees a jury trial in criminal proceedings.

Since the youth did not assert a jury trial right under either provision, however, the Court declined to reach the issue. See: State v. N.R.L., 311 P.3d 510 (Or. 2013).

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