(dissenting) — I dissent.
The majority concludes that a delay of 2 months in charging a juvenile with an offense does not deny due process and that dismissal of the case was therefore not necessary. However, the majority fails to distinguish between the standard under CrR 8.3(b) and constitutional due process, particularly in the context of a juvenile proceeding. In addition, the majority fails to consider the critical role of the trial court in the analysis of this case. That court, not this one, deals with juveniles and the juvenile justice system on a daily basis. In deciding what justice requires in a juvenile case, both the law and common sense require us to defer to the trial court's discretion.
CrR 8.3(b) Does Not Require a Due Process Violation
Dismissal of a criminal prosecution is governed by CrR 8.3(b), which provides:
The court on its own motion in the furtherance of justice, after notice and hearing, may dismiss any criminal prosecution and shall set forth its reasons in a written order.
We have held that a case may be dismissed under the rule where there has been a showing of arbitrary action or governmental misconduct. We have noted that that misconduct need not be intentional; mismanagement of the prosecution by the State can justify dismissal. State v. Dailey, 93 Wn.2d 454, 457, 610 P.2d 357 (1980); State v. Burri, 87 Wn.2d 175, 550 P.2d 507 (1976); State v. Sulgrove, 19 Wn. App. 860, 578 P.2d 74 (1978).
Contrary to the majority's assumption, we have not held that dismissal under CrR 8.3(b) is requiréd only where due *394process has been violated. Naturally, a case must be dismissed if due process would be violated by allowing it to proceed. See Dailey, at 458. However, the rule provides that a trial judge may dismiss "in the furtherance of justice". While all cases in which due process is violated are cases in which justice would be served by dismissal, it does not follow that justice requires dismissal only in those cases involving a due process violation. Justice may well require dismissal even where the State's conduct is not so extreme as to violate constitutional due process standards.
This is clearly the case in the juvenile context. "Justice" in a juvenile case requires more than the minimal due process afforded in ordinary criminal cases because the purpose of a juvenile case extends beyond punishing the offender.
It is indisputable that the juvenile justice system is not concerned exclusively with punishment. Rehabilitation of the juvenile, steering him carefully and firmly away from the life of a criminal, is equally if not more important. State v. Rice, 98 Wn.2d 384, 393, 655 P.2d 1145 (1982). This difference has led the Legislature to distinguish between juvenile and adult prosecutions in a number of ways, particularly regarding the promptness with which the State must act in prosecuting a juvenile case. The speedy trial rule for adults is 60 to 90 days. CrR 3.3(c). The speedy trial period for juveniles is 30 to 60 days. JuCR 7.8(b). The sentencing period for adults is 40 days. RCW 9.94A.110. For juveniles, that period is 14 days. JuCR 7.12(a). There is no time limit heyond the statute of limitations and due process on the filing of an information against an adult. In juvenile cases, King County Local Juvenile Court Rule 7.14(b) requires that police refer juvenile cases for charging within 14 days of completing the investigation.
It follows that "justice may require" dismissal of a juvenile proceeding under CrR 8.3(b) when the State's delay interferes with the rehabilitative purpose of the juvenile justice system. Doing justice to a juvenile involves more than mere fairness. It does not require coddling, but it does *395require careful attention to the particular juvenile's needs and abilities. If the State's delay interferes with a particular juvenile's rehabilitation, justice would be furthered by dismissal. That appears to be the conclusion the trial judge drew in this case. We should not disturb that ruling.
We Review for Manifest Abuse of Discretion
The terms of CrR 8.3(b) and the standards we have articulated to govern it necessarily place a premium on the good judgment of the trial judge. Consequently, we review dismissals under CrR 8.3(b) only for "manifest abuse of discretion". Dailey, at 456-57. A trial judge abuses his discretion only if no reasonable person would take the position he does. Purser v. Rahm, 104 Wn.2d 159, 174, 702 P.2d 1196 (1985); Griggs v. Averbeck Realty, Inc., 92 Wn.2d 576, 584, 599 P.2d 1289 (1979).
The abuse of discretion standard is especially important in a CrR 8.3(b) dismissal of a juvenile case. As I have argued above, doing justice to a juvenile involves more than minimal due process protections. That difference in juvenile cases requires us to be especially reluctant to override a trial judge's discretion in such a case. A court hearing an appeal alleging a due process violation can ordinarily determine whether the claim is well founded because that defect, if present, will appear in the record. However, a trial judge determining what would further justice in a juvenile case makes a much more complex judgment, one which involves an evaluation of the young person before him. Only the trial court can be sufficiently familiar with a juvenile's situation to be able to determine whether justice would be served by dismissal under CrR 8.3(b). Therefore, we should be especially reluctant to conclude in a juvenile case that no reasonable person could have concluded that justice would be furthered by dismissal.
The Trial Court Judge Did Not Abuse His Discretion
The record in this case shows that during the State's delay in filing this information, Cantrell was released from *396detention on the previous charge and had found a job. This fact was brought to the attention of the trial judge and must have been a factor in his concluding that to dismiss the charge for escape would further the interests of justice. Cantrell had evidently succeeded in at least beginning the process of rehabilitation. On such a record, I do not see how the majority can conclude that no reasonable person would have reached the conclusion of the trial judge. The trial court judge did not abuse his discretion in dismissing this case.
Conclusion
Because there was no abuse of discretion in the trial judge's conclusion that justice would be served by the dismissal of this case, I would reverse the decision of the Court of Appeals.
Utter and Goodloe, JJ., concur with Dore, J.