In the Interest of C.B., a Child State of North Dakota, Petitioner and Appellee
C.B., Child, Respondent and Appellant and M.P., Mother, A.B., Father, Respondents
from the Juvenile Court of Burleigh County, South Central
Judicial District, the Honorable Bruce B. Haskell, Judge.
Kennelly, Assistant State's Attorney, Bismarck, N.D., for
petitioner and appellee.
Bradley D. Peterson, Bismarck, N.D., for respondent and
1] C.B. appeals a juvenile court order adopting a judicial
referee's order finding C.B. committed the delinquent act
of failure to register as a sex offender. C.B. also appeals
from a juvenile court order denying his motion to dismiss the
State's petition. We affirm.
2] In June 2012, C.B. pled guilty to "assault IV with
sexual motivation" in Washington state. The adjudication
and disposition order did not require C.B. to register as a
sex offender in Washington. In the fall of 2012, C.B. moved
to North Dakota with his father.
3] At the request of the juvenile court, C.B. registered as a
sex offender in North Dakota in November 2013. In May 2015,
C.B. updated his registration at the Bismarck Police
Department. The updated registration included a new address,
new employment, and a Facebook account. After updating his
registration, an assistant Burleigh County state's
attorney issued a juvenile petition to C.B. for committing
the delinquent act of failure to register as a sex offender.
The petition alleged C.B. failed to timely "alert law
enforcement to a new job, a new place of residence, a
telephone number or his facebook account."
4] C.B. moved to dismiss the petition, arguing he should not
be required to register as a sex offender. At the October 16,
2015, hearing on the motion, an assistant attorney general
testified C.B.'s assault IV with sexual motivation in
Washington was equivalent to a class A misdemeanor sexual
offense in North Dakota that requires registration. At the
conclusion of the hearing, the judicial referee stated he was
dismissing the petition, and issued an order of dismissal. On
October 19, 2015, the referee rescinded the order of
dismissal, stating he decided the motion wrongly due to a
legal error. The judicial referee provided notice to the
parties the same day that they had the right to have the
order reviewed by a juvenile court judge if the request was
made within seven days. C.B. did not request review of the
5] C.B. again moved to dismiss the petition in November 2015,
arguing the judicial referee exceeded his authority when he
rescinded the order dismissing the petition. The referee
denied the motion. C.B. sought review of the referee's
decision from the juvenile court. The juvenile court adopted
the referee's decision denying the motion.
6] C.B. filed another motion to dismiss in December 2015,
arguing the State failed to give full faith and credit to the
Washington order that did not require C.B. to register as a
sex offender. The judicial referee denied C.B.'s motion,
concluding the Full Faith and Credit Clause of the U.S.
Constitution did not prohibit North Dakota from requiring
C.B. to register in this state.
7] Before the State questioned its first witness at the
January 2016 trial, C.B. verbally moved to dismiss the
petition. C.B. argued that after the judicial referee
dismissed the petition, double jeopardy prohibited C.B. from
being tried for failure to register as a sex offender. C.B.
also raised an Equal Protection claim at the trial. The
judicial referee denied the motions and subsequently found
C.B. committed the delinquent act of failure to register as a
sex offender. At the dispositional hearing in August 2016,
the referee placed C.B. with the North Dakota Division of
Juvenile Services for twelve months. The juvenile court
adopted the referee's findings of fact and order after
C.B. requested a review of the referee's decision.
8] C.B. argues the judicial referee's dismissal order
following the hearing on C.B.'s motion to dismiss
terminated original jeopardy in this proceeding, making
further prosecution unconstitutional under double jeopardy
principles. This Court reviews constitutional ...