Section 29 Generally

• Library: Juvenile Law 2011

The role of counsel in status offense and delinquency proceedings is the same as in adult criminal proceedings:

· To provide an informed understanding of the client’s rights and obligations

· To thoroughly inquire into the facts of the case

· To ascertain what defenses are available

· To skillfully prepare and zealously advocate the client’s position

1 Randy Hertz et al., ALI‑ABA Trial Manual for Defense Attorneys in Juvenile Court § 2.03 (1991 and Supp. 2009); Hon. Theodore McMillian & Dorothy Lear McMurtry, The Role of the Defense Lawyer in the Juvenile Court—Advocate or Social Worker?, 14 St. Louis U. L.J. 561, 563, 565 (1970). In other words, counsel’s role is to serve in a professionally competent manner as advisor, advocate, and negotiator to ensure that the client’s rights and interests are fully protected. See Rule 4, Preamble: A Lawyer’s Responsibilities, I Missouri Court Rules (2011). It has been noted

that ensuring competent representation for juveniles serves important purposes:

· It keeps the system honest and serves as a check on the abuse of power.

· It increases the chances that juveniles will perceive the juvenile justice process as fair and, as a result, be more likely to respect and accept the outcome and cooperate in the disposition...