Rule 20 - Transfer to Criminal Jurisdiction(a) Scope. This rule applies to juvenile proceedings where a transfer to criminal jurisdiction is sought pursuant to the provisions of West Virginia Code § 49-4-710.(b) Motion by the State Any transfer motion made by the prosecuting attorney shall be filed and served at least eight days prior to the adjudicatory hearing. The motion must state, with particularity, the grounds for the requested transfer, including the statutory basis relied upon as set forth in West Virginia Code § 49-4-710.(c) Inquiries. No inquiries relative to admission or denial of the allegations contained in the petition or the demand for a jury trial may be made of the juvenile until the court has determined whether the proceedings will be transferred to criminal jurisdiction.(d) Notice. The juvenile, the juvenile's counsel, and the juvenile's parents or legal guardians shall be provided notice of the transfer motion at the time of filing and the hearing date.(e) Conduct of Hearing on Motion to Transfer(1)Timing. A hearing shall be held within seven days of the filing of the motion to transfer. The court may continue the hearing for a reasonable period of time sua 22sponte, or upon a motion by the prosecuting attorney or juvenile's counsel demonstrating good cause.(2)Burden of Proof. The burden is on the state to establish by clear and convincing evidence that the grounds for transfer exist.(3)Mandatory Transfer. The court shall transfer a juvenile proceeding to criminal jurisdiction if there is probable cause to believe that the conditions listed in West Virginia Code § 49-4-710(d)(1), (2) or (3) exist.(4)Discretionary Transfer. The court may transfer a juvenile proceeding to criminal jurisdiction if there is probable cause to believe that the conditions listed in West Virginia Code § 49-4-710(e), (f) or (g) exist.(5)Discovery. The juvenile shall be entitled to full discovery under Rule 21. Discovery obligations shall apply to both evidence regarding the charged offense and any evidence presented regarding personal factors under West Virginia Code § 49-4-710(e), (f) or (g). The juvenile shall be subject to the reciprocal discovery requirements contained in these rules. The prosecuting attorney shall provide discovery no later than seven days prior to the transfer hearing, and the juvenile's counsel shall provide discovery no later than four days prior to the hearing.
(6)Evidence. The West Virginia Rules of Evidence shall apply to the portion of the hearing dealing with evidence of the charged offense. The court shall in its discretion admit reliable evidence regarding personal factors under West Virginia Code § 49-4-710(e), (f) or (g).(7)Suppression Motions. The juvenile shall be permitted to file suppression motions under W. Va. R. Crim. P. Rule 12(b)(3). The court shall hear evidence and make findings of fact and law regarding any such motions.(8)Testimony. The prosecuting attorney and juvenile shall be afforded the opportunity to present witnesses, present evidence and cross-examine witnesses. The parties shall have an opportunity to present an argument on the issue of transfer. The juvenile has the right to testify regarding the charged offense as well as personal factors affecting transfer. A juvenile who testifies regarding personal factors alone shall not be subject to crossexamination regarding the charged offense. All evidence, testimony, and argument shall be made a part of the court record.(f) Order. The court shall issue an order containing findings of fact and conclusions of law regarding the issue of transfer. If an order of transfer is issued pursuant to West Virginia Code § 49-4-710(e), (f), or (g) it shall contain detailed factual findings regarding the juvenile's mental state, physical condition, maturity, emotional state, home and family environment, school experience, and other relevant personal factors. For every petition seeking a discretionary transfer, the court shall give specific reasons as to why the transfer was or was not made.(g) Appeal. A juvenile who has been transferred to criminal jurisdiction pursuant to West Virginia Code § 49-4-710(e), (f) or (g) has the right to either directly appeal an order of transfer to the supreme court of appeals or to appeal the order of transfer following a conviction of the offense of transfer. Any appeal shall follow the procedures set forth in West Virginia Code § 49-4-710(j).(h) Transfer Request by Juvenile. The court shall transfer a juvenile proceeding to criminal jurisdiction upon the motion of a juvenile who has attained the age of 14 years. The court shall conduct a proceeding on the record to insure that any such demand is made knowingly, voluntarily, and intelligently, and with knowledge of the possible penalties under the criminal jurisdiction of the court. The court shall permit transfer only when it finds that the juvenile has been fully and effectively informed by counsel regarding the juvenile's constitutional, statutory, and procedural rights.(i) Disposition Alternative. If a juvenile charged with delinquency is transferred to adult jurisdiction and there convicted, the court may make its disposition in accordance with the juvenile dispositional statutes and rules in lieu of sentencing the juvenile as an adult.