Justia Legal Ethics Opinion Summaries

Articles Posted in Juvenile Law
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In this case, the Supreme Court of the State of Montana upheld the decision of the Montana First Judicial District Court, Lewis and Clark County, committing the appellant, C.M., a youth, to the custody of the Department of Corrections for placement in a state youth correctional facility until the age of 18. The appellant was charged with sex offenses against three of his high school classmates and he appealed the decision on the grounds that he was denied the right to effective assistance of counsel when his attorney failed to make objections to the admission of various hearsay statements.The court concluded that the appellant's counsel's failure to object to the admission of hearsay statements did not result in substantial prejudice. The court noted that the state presented sufficient admissible evidence to the jury that proved the same facts as the prior consistent statements and bus records. Furthermore, the court found that the appellant's counsel vigorously challenged the complaining witnesses' testimony by highlighting inconsistencies and gaps in their testimony, as well as aspects of the investigation. As a result, the court found that the appellant failed to demonstrate that he was prejudiced by any alleged deficient performance by his counsel and affirmed the lower court's decision. View "Matter of C.M" on Justia Law

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Nicole, age 13 became a dependent of the juvenile court. Nicole suffered from emotional and behavioral problems and later became “[a] dependent minor who turns 18 years of age” with a permanent plan of long-term foster care, continuing under the juvenile court’s jurisdiction because she agreed that she would continue her education. The designation continued despite her noncompliance, a pregnancy, and living in an unapproved home with a boyfriend who had a history of selling illegal drugs and committing domestic violence. When Nicole turned 20, the Agency recommended that the court dismiss Nicole’s dependency, citing failure to participate in services. In a special writ proceeding, the court of appeal directed the juvenile court to vacate its order requiring Nicole’s therapist to testify about confidential communications relating to whether Nicole has a qualifying mental condition. The juvenile court later terminated its dependency jurisdiction because she had reached the age of 21. The court dismissed Nicole’s case. In her dependency case, Nicole sought an award of attorney’s fees under Code of Civil Procedure section 1021.5, which codifies the private attorney general doctrine exception. The court of appeal affirmed the denial of the motion; section 1021.5 fees are not recoverable in a dependency proceeding. View "In re Nicole S." on Justia Law

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The Iowa District Court for Story County issued an order appointing the local public defender of Nevada, Iowa to represent a juvenile, who had been detained. The public defender filed a motion to withdraw, citing conflicts of interest between the juvenile and other clients. After a detention hearing, the court ordered the juvenile’s transfer from detention to shelter care and then withdrew the local defender’s appointment and appointed new conflict-free counsel for the juvenile. The court subsequently taxed to the state public defender the court and travel costs related to the hearing for withdrawing from the representation of the juvenile prior to the hearing without first taking steps to secure alternative representation for the juvenile. The state public defender filed a petition for writ of certiorari in the Supreme Court, claiming that the district court acted illegally when it taxed the court and travel costs against the state public defender. The Supreme Court sustained the writ, holding that the district court exceeded its authority and made an error of law in determining that the state public defender or the local public defender violated either statutory or ethical duties under the circumstances of this case. View "State Public Defender v. Iowa District Court" on Justia Law