A division of the court of appeals determines that restitution statutes prohibit courts from suspending the accrual of postjudgment interest during juveniles’ commitment to DYS. The division heavily relies upon People in Interest of A.V., 2018 COA 138M, a prior decision (1) concluding that the General Assembly intended to remove ability to pay and hardship from juvenile courts’ restitution considerations, and (2) emphasizing the plain language of statutes requiring juvenile courts order full restitution for victim losses and defining restitution orders as final judgments that accrue annual interest until paid in full.
The division also determines that the juvenile failed to preserve his argument that the postjudgment interest statutes are unconstitutional because the juvenile’s argument before the district court was a general conclusory statement. This unpreserved constitutional claim did not constitute plain error because any possible error is not obvious.
