By Beth S. Dixon

As Rowan County’s Chief District Court Judge, I am compelled to respond to Sheriff Allen’s press release on Monday, May 19, berating our juvenile justice system. His anger is misplaced and misinformed and completely unfair to the professional men and women working in juvenile justice.

The sheriff expressed his anger that the juveniles involved in a fight on Saturday evening were neither “locked up” nor received “immediate consequences.” He then goes on to blame the juvenile justice system for all the street crime in Rowan County and further demeans juvenile justice by stating that it “coddles” youthful offenders and condones their behaviors. These allegations are spurious.

Let me first address the secure custody request. All the juveniles involved in the fight on Saturday evening are 13 to 15 years old. The fight was short-lived, as Sheriff Allen stated, it “was quickly dealt with by the dozens of law enforcement officers on the scene.” While the youth were detained by law enforcement, juvenile justice was contacted by Salisbury Police Department about possible secure custody (juvenile detention) orders for the teens. The only information relayed to juvenile justice at that time was that the youthful offenders were involved in a short fight. No information was provided about any serious injuries to law enforcement as the extent of any injuries were not even known at that time.

North Carolina General Statute 7B-1903 sets forth the criteria necessary for a secure custody order. The information shared with juvenile justice at the time of the  request did not meet the legal requirements for secure custody and the request was appropriately declined. Furthermore, Section 7B-1903 requires that prior to authorizing secure custody, “the court shall first consider release to the juvenile’s parent, guardian or custodian.” Juvenile justice officials diligently followed their statutory mandates.  

The fact that secure custody was not granted on the evening of the incident in no way equates to the conclusion that the juveniles will not be held accountable for their actions. Detectives from the Salisbury Police Department will be meeting with juvenile justice officials this week to determine what charges are appropriate so that juvenile petitions can be issued. When and if the juveniles are adjudicated of any crimes, they will receive appropriate consequences as allowed by law. To impose immediate consequences for crimes that have not yet been fully investigated or even charged is mob mentality vigilante justice without due process of law. It is a violation of the United States Constitution and should not be tolerated by a civil society. I am concerned that a high-ranking law enforcement official, sworn to support, maintain and defend said Constitution, suggests such actions.

Rowan County has a very strong juvenile justice system. We have an active Juvenile Crime Prevention Council as well as several community partners that work with the juvenile courts to ensure that juveniles are held accountable for their behaviors. Juveniles are frequently required by judges to do community service hours, participate in Teen Court, complete mental health and substance use assessments and complete treatment and counseling. They are ordered to be in school, not use drugs, alcohol or tobacco products, and engage with mentoring programs. Many are placed on house arrest with electronic ankle monitoring. Some go to detention or the Youth Development Centers for six or more months. Court-involved juveniles are drug tested and monitored. They may be required to get a job to earn money and pay restitution. If the juveniles are not in compliance with their court orders, they are violated and brought back to juvenile court for more severe sanctions. Some may even be bound over to Superior Court to be tried as an adult. They are not coddled and I take offense to the characterization.

I understand that Sheriff Allen is upset that officers received injuries. We all are. But to demean an entire juvenile justice system promulgated by the North Carolina General Assembly and diligently carried out by the fine men and women working in the system is out of line. If Sheriff Allen doesn’t agree with the juvenile laws as they are written, his anger should be expressed to the legislature, not juvenile justice workers who are following the actual law.

Beth S. Dixon is the Chief District Judge for NC Judicial District 27 (Rowan County).