NCJ Number
46493
Date Published
1977
Length
15 pages
Annotation
THE BACKGROUND, METHODOLOGY, AND RECOMMENDATIONS OF THE MONROE COUNTY, NEW YORK, JUVENILE LAW COMMITTEE ON THE ISSUE OF LAW GUARDIANS IS PRESENTED. EMPHASIS WAS ON WHETHER SUCH COUNSEL SHOULD BE VOLUNTARY OR FULL-TIME.
Abstract
WHEN THE FAMILY COURT ACT WAS ENACTED IN 1960, IT PROVIDED FOR THE APPOINTMENT OF LEGAL COUNSEL TO REPRESENT JUVENILES ACCUSED OF MISCONDUCT OR ALLEGED TO BE NEGLECTED. IN 1970, THE ACT WAS AMENDED TO REQUIRE THE APPOINTMENT OF LAW GUARDIAN, AND IN 1975, MANDATORY AND NONWAIVABLE REPRESENTATION WAS EXTENDED TO COVER ADDITIONAL PROCEEDINGS. TO MEET THESE NEEDS FOR COUNSEL, AN AGREEMENT WAS ENTERED INTO WITH THE LEGAL AID SOCIETY. THE AGREEMENT PROVIDES FOR THE SERVICES OF THREE FULL-TIME LAW GUARDIANS, A SUPPORT STAFF, AND OVERHEAD. IN ADDRESSING THE ISSUE OF LAW GUARDIANS, THE COMMITTEE CONTACTED OFFICIALS OF THE FAMILY AND DETENTION AND PROBATION PERSONNEL. IT ALSO REVIEWED PERTINENT LAWS, STATISTICS, AND PREVIOUS REPORTS. A MAJOR PROBLEM IN THE FAMILY COURT HAS BEEN THE LENGTH OF TIME BETWEEN INITIATION OF PROCEEDINGS AND FINAL RESOLUTION. THE DELAY IN COURT PROCESSING IS UNDOUBTEDLY A FUNCTION OF THE TREMENDOUS NUMBER OF PETITIONS FILED. WHILE IT WAS GENERALLY AGREED THAT THE VOLUNTARY PANEL OF LAW GUARDIANS PERFORMED A USEFUL AND NECESSARY SERVICE, IT WAS ALSO FELT THAT THE FULL-TIME GUARDIANS SHOWED GREATER INTEREST IN THE INDIVIDUAL CHILDREN AND PROVIDED MORE EFFECTIVE AND CONSISTENT SERVICE. IT IS THEREFORE RECOMMENDED THAT TWO ADDITIONAL FULL-TIME LAW GUARDIANS BE HIRED TO SUPPLEMENT THE THREE ALREADY AVAILABLE UNDER THE AGREEMENT WITH LEGAL AID. IT IS BELIEVED THAT THIS ADDITION WILL AID IN REDUCING THE BACKLOG IN THE FAMILY COURT. IT IS ALSO RECOMMENDED THAT FULL-TIME LAW GUARDIANS NOT BE PREEMPTED FROM THE REPRESENTATION OF JUVENILES IN ANY CATEGORY OF FAMILY COURT PROCEEDINGS. FURTHER, WHILE NOT RECOMMENDING THE APPOINTMENT OF A LAW GUARDIAN FOR SUPREME COURT MATTERS, IT IS RECOMMENDED THAT THE CHIEF LAW GUARDIAN SERVE AS A COORDINATOR FOR THE USE OF LAW GUARDIANS IN THAT COURT. IT IS ALSO SUGGESTED THAT FULL-TIME LAW GUARDIANS BE RESPONSIBLE FOR DIRECTING APPEALS TAKEN BY OTHER FULL-TIME GUARDIANS AND THAT FUNDS BE SET ASIDE FOR SUPPLYING NECESSARY INVESTIGATIVE SERVICES FOR FULL-TIME GUARDIANS. THE COMMITTEE ALSO FOUND THAT THE PANEL OF VOLUNTEER LAW GUARDIANS IN ADDITION TO THE FULL-TIME GUARDIANS IS BOTH DESIRABLE AND NECESSARY, AND CONSEQUENTLY RECOMMENDS ITS CONTINUATION. IT IS SUGGESTED THAT VOLUNTEER GUARDIANS' PREFERENCES BE ACCOMMODATED, THAT THE LEVEL OF COMPENSATION BE INCREASED, AND THAT A SPECIAL TRAINING PROGRAM BE MADE AVAILABLE TO VOLUNTEER GUARDIANS. FURTHER, FULL-TIME LAW GUARDIANS SHOULD BE AVAILABLE FOR CONSULTATION WITH PANEL GUARDIANS. IT IS ALSO REIMBURSEMENT FOR LEGAL SERVICES SHOULD BE PROVIDED BY THE JUVENILE'S PARENTS. (JAP)