Dissent - In re Tyriq. T.

Summary

The dissent would have held that a discretionary transfer of a juvenile from juvenile court to adult court is immediately appealable because the transfer conclusively affects the juvenile's rights and may cause irreparable harm. It reasons that the governing statute is ambiguous, its legislative history is equivocal, and the statutory requirement to consider the child's best interests distinguishes the current scheme from earlier transfer provisions. The dissent would also have required a stay pending appeal so that the juvenile could remain in juvenile court and continue receiving juvenile services. The dissenting judges contest the majority's conclusion that the transfer order is not immediately appealable.