In Re Ryan S.

*57RAKER, Judge, concurring in part, dissenting in part, joined by BELL, Chief Judge.

I join the judgment of the Court and join in Part III C of the majority opinion insofar as it reverses the judgment of the District Court, sitting as a Juvenile Court in Montgomery County, on the grounds that the court erred in ordering petitioner and his mother to pay restitution to Kaiser Perma-nente, the medical insurer in this case. I agree that Maryland Code § 3-829 (1996, 1998 RepLVol., 2001 Supp.) of the Courts and Judicial Proceeding Article does not permit a court to award an insurer restitution when the insurer did not directly compensate the victim. Unlike the majority, however, I would affirm the judgment of the District Court adjudicating Ryan S. as a delinquent. Accordingly, I respectfully dissent from the judgment of the Court dismissing the delinquency petition.

A preliminary comment is in order regarding the tone of the majority opinion. In this case, the Court’s stern rebuke to the District Court has little precedential value inasmuch as the disjointed nature of juvenile trials is unlikely to reoccur in the future now that juvenile proceedings in Montgomery County have been transferred from the District Court to the Circuit Court. The Circuit Court has the resources, including the back-up judges, to assist in the event a case carries over to the next day. Such resources previously were unavailable to the District Court. This Court administers a stronger dose of medicine than is warranted since the “epidemic” is over. In my view, the Court uses unnecessary and unwarranted harsh language to admonish and take to task a hard-working bench in a matter that is unlikely to be repeated in the future.

The judge in charge in the District Court, Juvenile Division, was far from cavalier about the problems in scheduling. The majority glosses over the judge’s explanations and concerns for the delays of the trial. For example, the court expressed “distress that this case can’t be heard sooner, I wish that it could ... But, unfortunately, ... we have been given termination of parental rights cases, which are long, drawn out, protracted proceedings that all of our calendars are getting *58filled wp with those kinds of eases.” The court did not “place the rigidity of its docket ahead of the rights of an accused delinquent.” Maj. op. at 48. If the court continued to hear the case of Ryan S. in lieu of a previously scheduled delinquency, termination of parental rights or CIÑA case, all of which have time constraints, another juvenile’s rights would suffer.

I think it patently unfair for this Court to suggest that the trial judge simply was unwilling to move other cases to accommodate the requirements of Rule 11-114 or that the court was unconcerned about the scheduling of this case. The judge was keenly aware “about the administration of the court” and the fact that, if this case was heard to completion, other equally pressing cases would be bumped from the docket. The judge raised the scheduling problem, and offered to sit until eight o’clock in the evening, much to the chagrin of defense counsel. After the judge raised the scheduling issue, the following exchange occurred:

“[DEFENSE COUNSEL]: Yeah, that’s fine. We’re not complaining, we’re happy. Are we happy? Oh, we’re not happy.
COURT: Well, I got some bad body language.
[SECOND DEFENSE COUNSEL]: I just made a face about the eight o-clock part.
COURT: We have to, we have to finish this case in one more trial session, we really do.”

The majority asserts that “there is no evidence on the record that reflects that honoring the petitioner’s right to a timely adjudication would have prevented the court from honoring another juvenile’s right to a timely adjudication, save the mere assertion by the juvenile judge that the court had several termination of parental rights cases on its docket. Again, a specific explanation of the exigencies of the competing cases in the court’s triage is necessary before we will accept a crowded court dockets as a basis for denying a juvenile his right to a timely adjudication.” Maj. op. at 48. The characterization of the judge’s concerns as a “mere asser*59tion ... that the court had several termination cases on its docket” evinces a lack of understanding of a busy trial court and the challenges inherent in court administration.

On September 16, 1998, the assistant state’s attorney and defense counsel appeared before the Circuit Court for Montgomery County, Administrative Judge Paul Weinstein presiding, at a hearing on petitioner’s Petition for a Writ of Habeas Corpus. At the habeas hearing before the Circuit Court, defense counsel explicitly told Judge Weinstein about the juvenile court docket problems. The tape recorded record of that hearing reveals as follows:

“[A]t your Honor’s urging, we tried to see if [the judge in charge] could find us a date within 30 days. [The judge in charge] said that that is not possible without violating some other juvenile respondent’s rights, and that he was not willing to do that. He said that they looked at every date in the calendar to see if it was possible to comply with this rule, and that he 'was not able to do it. ”

See Ryan [S]. v. Alfred Noyes Children’s Center, Circuit Court for Montgomery County, Misc. Pet. No. 18288, recording of hearing. Defense counsel also told Judge Weinstein that the Juvenile Court had offered him one day in the middle of November. Ryan’s counsel rejected the November date offered by the District Court because he had another trial scheduled for that date, and he believed that two consecutive days were necessary. Thus, it was not solely the juvenile court’s crowded docket, but also Ryan’s attorney’s schedule, that contributed to the delay of Ryan’s hearing.

Turning to the sanction imposed by the Court, I do not believe that the delinquency petition should be dismissed for two reasons: first, petitioner waived the argument that his hearing was so disjointed as to deny him a fair and expeditious adjudication; and second, petitioner was not prejudiced. The Court of Special Appeals, in affirming the judgment, held that, “[a]lthough we are concerned about the protracted and disjointed nature of the proceedings in this case, Ryan’s failure to timely raise the continuity argument below has resulted in a waiver of that issue on appeal.” In re Ryan S., 139 Md.App. *6094, 111, 774 A.2d 1193, 1202 (2001). I do not condone the protracted and non-sequential nature of the proceeding, but I agree with the Court of Special Appeals that the issue was waived.

On the question of waiver, the majority maintains that “the petitioner, without question, alerted the court to his concerns about the lack of continuity and the duration of the delays between the hearings.” Maj. op. at 35.1 I read the record differently, as did the Court of Special Appeals. The majority is incorrect when it says that “[t]he Court of Special Appeals glossed over the basis for, and significance of, the petition for writ of habeas corpus by improperly qualifying the petitioner’s motion as an objection ‘solely on the ground that he was being detained,’ when it is clear from the record that the length of time between hearings was also a crucial element of his argument.” Maj. op. at 40. Moreover, the majority’s account of the habeas corpus proceedings is inaccurate, speculative, and based on an incomplete record.2

*61A reading of the habeas petition supports the Court of Special Appeals interpretation, as does the fact that the petition was withdrawn by defense counsel, and dismissed by the Circuit Court, upon Ryan’s release from detention.3 The habeas petition, filed in the Circuit Court for Montgomery County, prayed only that the Circuit Court “order his immediate release from detention with appropriate conditions.” See Ryan [S]. v. Alfred Noyes Children’s Center, Circuit Court for Montgomery County, Misc. Pet. No. 13288.

Throughout the hearings, Ryan’s concern with the scheduling was that he was detained at the Noyes Children’s Center, not that he was denied a timely and expeditious hearing. Judge Peter Krauser, wilting for the Court of Special Appeals, stated:

“The record shows that Ryan objected to the delay of his adjudicatory hearing solely on the ground that he was being detained at the Noyes Children’s Center in violation of Rule 11 — 114(b)(2). He did not at that time claim that such a delay constituted a violation of due process or a violation of subsection (b)(1) of that Rule. In fact, Ryan never moved for an expedited hearing, as the circuit court had originally *62suggested he do, nor did he move, at that time, for a mistrial based on Rule 11 — 114(b)(1).”

In re Ryan S., 139 Md.App. at 111-112, 774 A.2d at 1203 (emphasis added).

On December 14, 1998, Ryan moved for the first time for a mistrial. The sole ground for the motion was that the tapes of the earlier proceedings were unintelligible and, therefore, he could not adequately prepare for his re-cross-examination of Dent. He never suggested to the court that the disjointed. nature of the hearing violated his right to a fair trial. After listening to the master tapes, the court denied that motion with the understanding that Ryan’s counsel would be afforded the opportunity to review the master tapes before Dent resumed testifying.4

The next day, December 15, 1998, the court indicated that the case would not conclude on that date. No objection was made by defense counsel to continuing the hearing to January 13, 1999. In fact, defense counsel stated that a continuance until January 13, 1999 was “fine.” The court suggested to counsel that, when the case resumed on January 13th, 1999, the proceedings last until 8:00 p.m., if necessary, to conclude the hearing.

When the hearing resumed on January 13, 1999, Ryan moved for a mistrial, alleging for the first time the denial of his right to a fair trial because of the protracted and disjointed nature of his adjudicatory hearing. As alternative relief, petitioner’s counsel requested that the court “review, or listen to the entire tape of the proceedings in this matter.” Denying the mistrial motion, the court stated, “I have been taking very good notes in the case, and if ... when it comes down to it, I *63don’t feel that I [can] make a decision without reviewing the tapes, I will do so.” The hearing concluded and the court deferred its ruling until January 21,1999.

When the proceedings resumed on January 21, 1999, Ryan renewed his motion for mistrial and also moved to dismiss the charges. The court denied both motions, noting that there was “extraordinary cause” to justify the multiple continuances in the case because the “Court’s calendar simply could not possible accommodate it.”

The Court of Special Appeals was correct in finding waiver. Judge Krauser noted:

“In the case sub judice, Ryan waited until January 21, 1999, following five days of testimony and two continuances, to move unconditionally for a mistrial or a dismissal of his case. By waiting to object to the disjointed hearing procedure until the final day of the adjudicatory hearing when all that remained was the court’s rulings Ryan gave the court no opportunity to possibly correct any errors in the proceedings. Had Ryan filed a motion for expedited hearing, as the circuit court had suggested on September 11,1998, or moved earlier for a mistrial or dismissal, the circuit court could have addressed his concerns and rescheduled his case to an earlier date.”

In re Ryan S., 139 Md.App. at 113, 774 A.2d at 1203-1204 (internal quotation marks and citations omitted). After reviewing the record, I am also unable to find any objection to the disjointed nature of petitioner’s hearing before the final day of the hearing.

Turning to the remedy crafted by the Court, perhaps there was not extraordinary cause for the continuances granted by the trial court. But, even assuming extraordinary cause was lacking, dismissal is unwarranted. Ryan’s case was not prejudiced by the witness’s death. He was not an eyewitness to the criminal event or to any material aspect of the case, and as the Court of Special Appeals noted, his testimony had no bearing on the primary issue of whether Ryan acted in self-defense. *64In any event, without objection, there was an agreement as to his testimony. Petitioner has shown no prejudice.5

As a basis for dismissal, the majority states that “the lack of continuity in the petitioner’s adjudicatory proceedings inherently prejudiced his ability to obtain a fair adjudication in that the finder of fact was forced to pass judgment based on facts established in evidence from half-day hearings held four months before.” Maj. op. at 52. Unless the majority is implying that petitioner was denied a fair trial because the trial judge ruled on facts gleaned from nonsequential hearings held over four months, and therefore, he could not remember the facts of the case, I fail to see the relevance of the statement. It seems to me that the majority disguises its refusal to accept the judge’s word that he had taken steps to ensure that he was familiar with the salient facts and issues in petitioner’s case by stating that the Court has “confidence in [the hearing] court’s ability to recall such evidence.” Maj. op. at 52. Despite the Court’s professed confidence in the trial judge, the majority concludes that “the ills of an inherently disjointed process” were not entirely remedied by the hearing judge’s actions. Id. I suggest that the trial judge recalled all the facts and petitioner was not denied a fair hearing simply because there was a delay in the hearings.

The record shows that the trial judge had a firm grasp on the facts and legal issues. In delivering his opinion, he candidly explained his preparation as follows:

“To that end, I did obtain tape recordings of the trial, and ... I have listened to, not the entirety of the testimony, but that, those parts of the testimony that I felt to be crucial to making a determination in this case. And, to that end, I listened to the testimony of Mr. Dent, both on direct and cross as relating to the events of February 4th.
*65With respect to the other incidents in Mr. Dent’s life, 1 did not listen to those, I reviewed my notes, they were detailed. I also ... the, in effect rebuttal or the Respondent’s witnesses, who addressed those same issues testified much later in the trial, and their testimony was very fresh. So, if anything, that testimony which was foremost in my mind was ... the alternate versions or supplemental versions of those events.
But, with respect to the events of Dec ... February 4th, 1998, I did listen carefully to ... both the direct and the cross ... redirect of Mr. Dent. I also compared them with my notes and found that ... I was happy to note that my notes were, were very accurate as to the testimony of Mr. Dent.
I listened also to the testimony of Linda [S]. as relating to the events of February 4th. The testimony of Ryan S., I did not listen to, because I had heard it live, just only a week ago, again, had very good notes on that and did not feel that that was necessary, nor was that even really part of the motion.”

In addition, Ryan S was not detained for eight months, as represented in the majority opinion. See Maj. op. at 51. Ryan was initially charged on February 4, 1998, as an adult with the charge of attempted second degree murder. He then disappeared for three months, finally turning himself in to the police on May 11, 1998. Pursuant to a request by petitioner’s counsel, Ryan was released on electronic home monitoring on September 18, 1998. Other than the mere possibility that electronic monitoring and home detention may restrict a person’s movements and employment, school attendance or other choices, there is no evidence in this record that Ryan’s opportunities for employment or schooling were restricted. I do not minimize a four month period of detention; however, the facts are not as egregious as the majority represents.

Finally, I address the last basis for the majority’s decision: that the Montgomery County Juvenile Court suffers from a chronic inability to hear juvenile cases in a reasonably continu*66ous manner. See Maj. Op. at 44. Assuming that the District Court repeatedly scheduled cases “to beat the clock” under Rule 11-114, the “practice” is over. As we said in In re Keith W., 310 Md. 99, 527 A.2d 35 (1987), only the most extraordinary and egregious circumstances should be allowed to dictate dismissal as the sanction for the violation of a procedural rule. Id. at 109, 527 A.2d at 40. In my view, without any demonstration of real, not manufactured, prejudice, dismissal is inappropriate. Petitioner was not denied a fair adjudicatory hearing by what I concede is an undesirable practice, and the extreme sanction of dismissal is unwarranted.

Chief Judge BELL has authorized me to state that he joins in the views expressed herein.

. The problem with the majority’s analysis is that it does not distinguish between two distinct bases for objection, one under Rule 11-114(b)(1) and the other under 11-114(b)(2). Stated succinctly, 11-114(b)(1) creates a juvenile’s right to an adjudicatory hearing within a specified period following service of the juvenile petition. Under Rule 114(b)(1), the hearing need not be completed within 30 days, but must be commenced within that time period, although there is case law to the effect that the hearing must be completed with a reasonable degree of continuity, meaning that, where possible, it must continue on a day-today basis. See In re Vanessa C., 104 Md.App. 452, 656 A.2d 795 (1995). Rule 11-114(b)(2), on the other hand, addresses a juvenile's right to be released if a hearing is not held within thirty days from the date on which the court ordered continued detention. Rule 11-114(b)(1) and 11-114(b)(2) create different rights, and neither the Rules nor case law suggest that an objection made under 11-114(b)(2) constitutes an objection under 11-114(b)(1), or vice versa.

The majority incorrectly reasons that petitioner's objection to continuous detention, raised under 11-114(b)(2), was the equivalent to an objection to the nonsequential nature of the trial under 11-114(b)(1). I am unconvinced by the majority's attempt to cobble together an objection under 11-114(b)(1) from petitioner's repeated objections to his detention in violation of 11-114(b)(2).

. The majority misstates the “verbal order” of Judge Weinstein. The Circuit Court did not order the juvenile court to "re-schedule the date *61of the hearing within thirty days of September 10, 1998” but instead focused on the proper aim of a writ of habeas corpus, i.e., to release a person from unlawful detention. The court told counsel to

"tell the [judge in charge] that if he does not set a hearing to conclude this matter within 30 days of September the 10th, that come Monday, I'm releasing Mr. S. on certain conditions. And, you can relay to [the judge in charge] that he better establish some procedures to get these people who are incarcerated before the Court as ordered ... as directed by the statute. Otherwise, he’s going to get a rash of orders from this Court ordering him to do it.”

. The majority downplays the fact that when the District Court released Ryan from detention, Ryan’s counsel filed in the Circuit Court a Motion to Dismiss Petition for Habeas Corpus, requesting the court dismiss the petition for writ of habeas corpus as moot because he was released on electronic monitoring and that "he [was] no longer being detained illegally.” Contrary to the majority’s claims, the length of the hearing was raised only as a basis for Ryan’s release from detention, not as a complaint that Ryan was denied a fair or speedy adjudication.

. The majority finds that the "audio recordings of the hearings failed to capture significant portions of the petitioner's cross-examination of the witnesses.” Maj. op. at 33 n. 8. This is misleading because it is clear from a reading of the record as a whole that counsel was referring to his cassette copy of the record, not the official court recording, which provided a complete and audible record of the entire proceedings. The trial court offered defense counsel an opportunity to listen to the master tape recording of the proceedings.

. The Court discusses personal prejudice allegedly suffered by Ryan S. as a result of the delay. Maj. op. at 52, n. 19. Petitioner’s mother told the Circuit Court that Ryan was 17 years old, that he was not in school, that he had a job offer and that he was planning to enroll in a GED program. There is no evidence that the disjointed nature of the hearings contributed to his less than bright situation.