Vol. 31, No. 4, #2. Ethically Speaking - Juvenile Court, Part I - The Rules of Procedure for Juvenile Courts and the Transfer of the GAL Program to the Public Defender's Office.

• Author: Author: John M. Burman

Wyoming Bar Journal

2008.

Vol. 31, No. 4, #2.

Ethically Speaking - Juvenile Court, Part I - The Rules of Procedure for Juvenile Courts and the Transfer of the GAL Program to the Public Defender's Office

Wyoming Bar Journal Issue: August, 2008

Author: John M. Burman Ethically Speaking - Juvenile Court, Part I - The Rules of Procedure for Juvenile Courts and the Transfer of the GAL Program to the Public Defender's Office

Children may be subject to three different types of proceedings in juvenile court. First, a child may be involved in an abuse or neglect action directed at his or her parents. Second, a child who is ungovernable may be part of a child in need of supervision (CHINS) action. Finally, a child who has committed a delinquent act (one that would be punishable as a crime if committed by an adult) may be charged as a juvenile delinquent. While each type of proceeding is unique, a petition to initiate a juvenile action is brought by the county or district attorney (collectively referred to as the "county attorney" in this article), the child's parent(s) or other legal custodian may be represented by counsel, and a child may be appointed a guardian ad litem ("GAL") to represent his or her "best interests" or an attorney to represent the child. Whatever the type of proceeding, a number of lawyers will be involved in one capacity or another. And each lawyer is bound by the Wyoming Rules of Professional Conduct ("the Rules"). Although the ethical responsibilities of GALs "shift accordingly" because of the fundamentally different role that GALs fill, many of their responsibilities remain the same as any lawyer's. Among the duties that do not change is the duty of competence (which is both an ethical and a legal responsibility). In every matter, every lawyer "shall provide competent representation to a client." The rule goes on to say that "[c]ompetent representation requires the legal knowledge . . . reasonably necessary for the representation."

The "legal knowledge . . . reasonably necessary" for GALs and other attorneys practicing in juvenile courts (primarily parents' attorneys and county attorneys) has changed significantly because of three recent occurrences. First, the Rules of Procedure for Juvenile Courts were enacted and became effective on July 1st of last year. Second, the 2008 Wyoming Legislature transferred the GAL Program from the Wyoming Supreme Court, which had been its home since 2005, to the Wyoming Public Defender's Office ("the PD's Office") effective July 1, 2008. Third, as authorized by the transfer legislation, the PD's Office is in the process of promulgating rules to implement the GAL program (the PD's Office promulgated emergency rules in order to implement the GAL Program by the legislatively mandated date of July 1, 2008. The emergency rules were signed on July 2, 2008. The PD's office is currently in the process of promulgating permanent rules to replace the emergency rules).

This column is about the first two occurrences. The promulgation of the Rules of Procedure for Juvenile Courts, and the transfer of the GAL Program to the PD's Office, as both have already occurred. The third, the PD Office's promulgation of rules for the GAL program, is ongoing. The rules should be promulgated as final rules in time for the next column, and they will be addressed in it, if possible.

The Rules of Procedure for Juvenile Courts

In 2007, the Rules of Procedure for Juvenile Courts ("Rules of Procedure") were adopted and became effective on July 1st of that year. The Rules of Procedure contain important provisions regarding discovery, disclosure of information, the role of CASA (Court Appointed Special Advocates) volunteers in juvenile court, as well as other provisions about which GALs and other lawyers practicing in juvenile courts should be aware.

The Rules of Procedure "govern practice and procedure in the trial courts in all juvenile court actions."

Among the issues addressed by the rules is whether a child who is the subject of a juvenile court proceeding should attend the proceedings. The...