NCJ Number
194989
Journal
Justice Quarterly Volume: 19 Issue: 1 Dated: March 2002 Pages: 37-68
Date Published
March 2002
Length
32 pages
Annotation
This article examines the issue of legal representation in serious juvenile delinquency matters in Missouri.
Abstract
The level of representation and adequacy of counsel as evident in more lenient case outcomes are explored. In this article previous studies on legal representation of juveniles are reviewed. Data were collected on cases processed during the 1998 calendar year in three juvenile circuit courts with various caseloads, staffs, and routine procedures. Data were obtained from case files for a random sample of approximately 17 percent of all felony referrals to the urban court and for the population of felony referrals in the other two courts (suburban and rural). The results showed that representation by legal counsel was relatively uncommon among juveniles accused of felony offenses in 1998 in three Missouri jurisdictions. Even in the urban circuit, where legal counsel provided by the public defender’s office was readily accessible, one-fourth of the cases had no attorney. The results indicate wide disparities in the level of representation across circuits. The type of attorney also appears to differ by court; public defenders almost exclusively represented urban cases, but they were relatively uncommon in the suburban court, where the judge appointed private counsel more often, even assigning some guardian ad litems to assist in serious delinquency cases. In the rural circuit, the small number of attorneys was evenly distributed as public defenders and privately retained counsel. If the Supreme Court in Gault intended to ensure legal representation for children accused of serious offenses, that objective was not achieved in any of the three circuits examined. Recommendations include attending to issues of attorneys’ competence, determining if timing affects the ability of attorneys to succeed in delinquency matters, and determining if the adverse effect of counsel reflects the inter-organizational climate within the juvenile court. 2 figures, 5 tables, 11 footnotes, 44 references