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Standards Relating to Counsel for Private Parties

NCJ Number
83582
Date Published
Agencies
OJJDP-Sponsored, American Bar Association
Grant Number(s)
76-JN-99-0018, 78-JN-AX-0002, 74-NI-99-0043, 75-NI-99-0101, 71-NI-99-0014, 72-NI-99-0032
Annotation
These juvenile justice standards for counsel for private parties focus on the lawyer-client relationship, the initial stages of representation, advising and counseling the client, preadjudication proceedings, adjudication, transfer proceedings, disposition, and postdisposition.
Abstract
The standards generally reject both the guardianship and amicus curiae definitions of juvenile counsel's role and require instead that attorneys in juvenile court assume those responsibilities for advocacy and counseling which obtain in other areas of legal representation. Juvenile counsel's principal function thus lies in furthering the lawful objectives of the client through all reasonably available means permitted by law. Standards for the lawyer-client relationship cover the nature of the relationship, adversity of interests, confidentiality, advice and service with respect to anticipated unlawful conduct, and the duty to keep the client informed. Standards dealing with the initial stages of representation concern prompt action to protect the client, interviewing the client, investigation and preparation, and relations with prospective witnesses. Standards are also provided for advising the client concerning the case, control and direction of the case, and counseling. Standards for juvenile counsel's pretrial responsibilities relate to intake, early disposition, and detention. Adjudication standards deal with discovery and motions, compliance with orders, selection of and relations with jurors, presentation of evidence, examination of witnesses, testimony by the respondent, and argument. American Bar Association standards relating to the defense function are appended, and a selected bibliography of 160 listings is provided.
Date Created: July 26, 2013