The Juvenile Justice System: In Search of the Role of Counsel

Abstract

In the Gault case the Supreme Court merely stated that Mrs. Gault and her son "had a right expressly to be advised that they might retain counsel and to be confronted with the need for specific consideration of whether they did or did not choose to waive the right."7 Other than requiring express advice, the Supreme Court did not dictate elements of "adequate" notice.Should written notice be sent to the child or his parents before the hearing?If written notice is required, must the judge also determine that the minor and parents know of the right and understand its significance?Under model procedures recommended by organizations such as the Commissioners on Uniform Laws and the Children's Bureau, the summons or notice sent to the child and his parents before the bearing is intended to communicate the child's right to counsel.In addition, they require that notice of the right to counsel be given at the hearing.Some of the states which have amended their codes since Gault have similar provisions.'Correspondence with courts 10 and reports of two field studies on the implementation of the Gault decision indicate that written notice is used extensively.In one study (hereinafter called The Lefstein Study)," (1970) ; Ferster, Snethen & Courtless, Juvenile Detention: Protection, Prevention or Punish.ment?, 38 Fordham L. Rev. 161 (1969).6. Affluent County has an estimated 1969 population of 500,000 and has the highest median family income of any county in the U.S. For example, 34,400 families earn between $10,000 and $15,000; 47,600 families fall in the $15,000 to $25,000 income range; and an additional 18,000 earn over $25,000.These three family groups represent 78% of the total families residing in the county.Department of Community Development, Affluent County, Population and Social Characteristics 2.7. In re Gault, 387 U.S. 1, 42 (1967).8. Uniform Juvenile Court Act § § 22(d), 26 [hereinafter cited as Uniform Act]; National Council on Crime and Delinquency [hereinafter cited as NCCD], Model Rules for Juvenile Courts, R. 21 & 39 (1969) [hereinafter cited as Model Rules]; W. Sheridan, Legislative Guide for Drafting Family and Juvenile Court Acts § 15(b) (1969) [hereinafter cited as Legislative Guide].Note that § 25 of the Legislative Guide requires appointment of counsel if counsel is not retained by the family.9. See, e.g., Minn.Stat.Ann.ch.260, R. 4-2 & 5-1 (1971); S.C. Code Ann.

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