NCJ Number
54236
Journal
Juvenile and Family Court Journal Volume: 29 Issue: 4 Dated: (NOVEMBER 1978) Pages: 37-45
Date Published
1978
Length
9 pages
Annotation
THE STATUS OF LEGAL REPRESENTATION OF JUVENILE CLIENTS IS ASSESSED, AND DIRECTIONS IN THE DEVELOPMENT OF THE ATTORNEY'S ROLE IN THE JUVENILE JUSTICE SYSTEM ARE CONSIDERED.
Abstract
A 1975 SURVEY FOUND THAT 97 PERCENT OF A NATIONAL SAMPLE OF 400 JUVENILE COURTS INFORMED MINORS OF THEIR RIGHT TO COUNSEL AND THAT COUNSEL WAS APPOINTED IN 86 PERCENT OF CASES INVOLVING MINORS. A 1977 SURVEY OF ILLINOIS JUVENILE COURT JUDGES RESULTED IN COMPARABLE FINDINGS. IT APPEARS THAT THE MANDATE SET FORTH BY THE U.S. SUPREME COURT IN ITS 1967 DECISION OF THE CASE OF GERALD GAULT HAS BEEN OBSERVED. IN THE YEARS TO COME, MORE AND BETTER TRAINED ATTORNEYS WILL BE PARTICIPATING IN JUVENILE PROCEEDINGS, ESPECIALLY IN DELINQUENCY PROCEEDINGS. THEIR ROLE WILL BECOME INCREASINGLY SIMILAR TO THAT OF ATTORNEYS IN ADULT CRIMINAL COURT, PARTICULARLY IN REGARD TO REPRESENTATION OF CLIENTS' INTERESTS. THE INCREASED PRESENCE OF ATTORNEYS PROBABLY WILL NOT DRAMATICALLY AFFECT CASE OUTCOMES IN JUVENILE COURTS. THE REAL IMPACT OF ATTORNEYS WILL BE MEASURED IN TERMS OF GREATER CLIENT SATISFACTION. REPRESENTATION BY COUNSEL MAY WELL HAVE ITS GREATEST SYSTEM EFFECT IN THE AREA OF CORRECTIONS, WHERE REPRESENTATION DIRECTLY AFFECTS THE JUVENILE CLIENT'S ENVIRONMENT AND TREATMENT. SUSTAINED CHANGE ACROSS THE ENTIRE JUVENILE JUSTICE SYSTEM WILL TAKE PLACE THROUGH ATTORNEY PARTICIPATION IN STANDARDS-SETTING EFFORTS. HOWEVER, ATTORNEYS IN NARROW ADVOCACY ROLES, OR EVEN IN PROCEDURAL REFORM ROLES, WILL LEAVE THE JUVENILE JUSTICE SYSTEM ESSENTIALLY UNCHANGED UNLESS THEY PERCEIVE AND PARTICIPATE IN THE DEVELOPMENT OF SOCIAL REFORM THEORIES. WHILE INITIALLY PROCEDURAL IN THRUST, JUVENILE JUSTICE SYSTEM REFORM ULTIMATELY MUST ADDRESS SUBSTANTIVE ISSUES. (AUTHOR ABSTRACT MODIFIED--LKM)