## Facts

- The State of New Mexico filed a juvenile delinquency petition against Christopher K. in children’s court.
- Under NMSA 1978, § 32A-2-16(A), a jury trial on alleged delinquent acts may be demanded by “the child, parent, guardian, custodian or counsel” when the alleged offense would be triable by jury if committed by an adult.
- Christopher requested a jury trial and later moved to withdraw the request and proceed to a nonjury (bench) adjudicatory hearing.
- The State opposed the motion, arguing it had a right to require a jury trial in juvenile proceedings based on the New Mexico Constitution’s Bill of Rights and the statutory scheme.
- The children’s court agreed with the State, ruled that the State could insist on a jury trial, and set the matter for jury trial.
- Christopher filed an interlocutory appeal challenging the order that prevented him from withdrawing his jury demand without the State’s concurrence.

## Issues

1. In a New Mexico juvenile delinquency proceeding, does the State have a statutory or constitutional right to demand a jury trial or to block the child from withdrawing a prior jury demand?

## Decision

- The Court of Appeals of New Mexico reversed the children’s court and remanded for trial without a jury.
- The court held that § 32A-2-16(A) grants the power to demand a jury trial only to the child and persons aligned with the child (parent, guardian, custodian, or the child’s counsel), not to the State.
- The court rejected the State’s argument that the statute’s reference to “counsel” includes the children’s court attorney; read in sequence with the other listed persons, “counsel” means counsel for the child.
- The court found no independent source in the New Mexico Constitution or the children’s court rules that gives the State a right to insist on a jury trial in delinquency adjudications.
- Because the jury option in this setting belongs to the child’s side, the child may waive it, including by withdrawing a previous jury demand, and the State’s objection does not prevent a bench trial.

## Legal Principles

- In delinquency proceedings under NMSA 1978, § 32A-2-16(A), the right to demand a jury trial is granted to the child, the child’s parent/guardian/custodian, or counsel aligned with the child; the State is not among those authorized to demand a jury.
- When a statute lists specific persons sharing a common alignment, general terms that follow (such as “counsel”) are read in light of the surrounding terms; here, “counsel” refers to the child’s counsel, not the prosecutor (noscitur a sociis).
- Absent an express grant in the constitution, statute, or applicable procedural rules, the prosecution has no right to force a jury trial in juvenile delinquency proceedings.
- A child may waive the jury option in a delinquency case, and a valid waiver is not subject to the State’s approval; withdrawal of an earlier jury request is an effective waiver when accepted by the court.

## Conclusion

The New Mexico Court of Appeals held that the State has no statutory or constitutional right to demand a jury trial in a juvenile delinquency proceeding and cannot prevent the child from withdrawing a prior jury demand; the case was reversed and remanded for a nonjury trial.


In the Matter of Christopher K., 128 N.M. 406, 993 P.2d 120 (1999)