An Introduction to the

Cook County Juvenile Justice System

April 28, 2006

Bluhm Legal Clinic

Children’s Law Pro Bono ProjectChildren and Family Justice Center

Contents1. The Children’s Law Pro Bono Project

2. The Cook County Juvenile Court

3. Overview of a Juvenile Court Case

4. Next Step: How To Take a Case

5. Conclusion

1. The Children’s Law Pro Bono Project Bluhm Legal Clinic : 6 Centers

Center for Wrongful Convictions Small Business Opportunity Center Center for International Human Rights Investor Protection Center Program on Civil Litigation Children and Family Justice Center (“CFJC”)

Pro Bono Project Under CFJC

CFJC : 9 Attorneys, 1 Social Worker

1. The Children’s Law Pro Bono Project

Goals of Pro Bono Project

Recruit, train, mentor, and support volunteer attorneys

Raise the level of advocacy

Offer holistic representation

1. The Children’s Law Pro Bono Project

Types of Cases

Juvenile Delinquency

Juvenile Expungement

Chicago Public School Expulsion Hearings Previous training session 11-4-2005 on-line at:

http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=4493

Conflict for some firms

2. The Cook County Juvenile Court First Juvenile Court in the U.S. : 1899

Location Southwest of Downtown, Ogden & Taylor

Structure Child Protection Division Juvenile Justice Division Juvenile Temporary Detention Center Nancy B. Jefferson School Offices for Court Actors

2. The Cook County Juvenile Court Juvenile Justice Division

13 Courtrooms Organized by Calendars Calendars Represent Geographic Areas in Cook

County (except Detention Calendar 62) Confidentiality of Proceedings Jurisdiction

Age Nature of Offense Transfers to Adult Court

Focus Former – Rehabilitation not Punishment Current – Balanced and Restorative Justice

2. The Cook County Juvenile Court

Court ReporterJudge WitnessClerk

(in wine-colored jacket)Adjudicator

(sets calendar)

Assistant Public Defenders’

Table(Great Resource)

Benches for Probation Officers, Police Officers,

and Private Attorneys

Deputy Sheriff

Minor Respondent

Assistant State’s Attorney

Defense Attorney

Family Members

Assistant State’s Attorneys’

Table

Example of Courtroom Layout

Benches for Probation Officers, Police Officers,

and Private AttorneysDoor

2. The Cook County Juvenile Court

Outside of Each Courtroom Benches for children, families, and witnesses Small conference rooms to have private

discussions with your client, family members, witnesses, your team, etc.

Every Time You Go To Court Check to make sure clerk has your client’s file Check-in with ASA and Adjudicator

3. Overview of a Juvenile Court Case

Legal Framework Juvenile Court Act Rules of Criminal Procedure Case Law Illinois Rules of Evidence

3. Overview of a Juvenile Court Case

Arrest

Released Without

Further Action

StationAdjustment

Juvenile Court Screening

Arraignment(If In Custody :

Detention Hearing)

Supervision?

Status

Trial

Finding of Delinquency

Disposition/Sentencing

No Finding Of Delinquency

Other ServicesResidential Placement : Calendar 50

ProbationDepartment of

Corrections

DismissedDiversion

CounselingCommunity

ServiceCommunity

Panels for Youth

Social Investigation Report :Recommendation from P.O.

402 Conference?

Plea

JUVENILEEXPUNGEMENT

Arraignment

Mediation

3. Overview of a Juvenile Court Case Detention Hearing

Probable Cause Urgent and Immediate Necessity for the Protection of the

Minor or of the Person or Property of Another Likely to Flee the Jurisdiction

Alternatives to Detention or Restrictions Electronic Monitoring Home Confinement Evening Reporting Center Curfew Mandatory School Attendance

3. Overview of a Juvenile Court Case Arraignment

Request Leave to File an Appearance Stipulate to Juvenile Court Jurisdiction Waive Formal Reading of the Petition Enter a Denial Make an Oral Motion for Discovery

Filings Appearance Motion for Discovery Answer to the State’s Motion for Discovery

(week before trial) Other Motions Samples Available Upon Request

3. Overview of a Juvenile Court Case Preparing for Trial:

Interviewing Your Client

Attorney-client privilege

Bifurcated interview

Client Agreement and Consent Form Read through with them to see reading level

Stress cooperation and contact

Maybe establish one day a week for them to call you

3. Overview of a Juvenile Court Case

Preparing for Trial: Interviewing Children

Use simple language

Act out what occurred

Go over story on different occasions (may not get whole story from client / witnesses first time around)

3. Overview of a Juvenile Court Case Preparing for Trial:

Investigation and Discovery

Investigation is key!

Visit the scene

Use of prover – in case a witness changes his story

Your notes of witnesses are discoverable

Documentary discovery : subpoena everyone - hospital, police, etc.

Providing documents to State and what you will receive

3. Overview of a Juvenile Court Case

Bench Trial

Plea 402 Conference:

Discussion in judge’s chambers Defense counsel, ASA, and judge only ones present Judge will let you know if he will go along with the agreement

3. Overview of a Juvenile Court Case

Disposition or Sentencing Prepare for disposition from the beginning Everything you have learned about your child can come in Hearsay is admissible Get coaches, teachers, etc. to testify or write a letter Work closely with the probation officer Get copy of social investigation report before disposition Probation officer makes a recommendation to the court

Possible School Expulsion Case

4. Next Step: How To Take a Case

Intakes and Screening Procedures

E-mail with Cases to All Interested Volunteers

Example: A - 13-year-old boy: A is being charged with possession of a stolen motor vehicle because he was riding in a car he did not know was stolen. He was not the one driving. The car was used earlier that day in an armed robbery, but he had no part in that incident. The police put him in two line-ups, but he was not identified. He also has an alibi for earlier that day. A likes to play football, and he gets As, Bs, and Cs in school.

Next Court Date: ________, 2006 9:00 a.m. - Set for Trial But Can Probably Get Continuance.

4. Next Step: How To Take a Case

Will Send You All Information on the Case and Helpful Materials

Samples and Support Always Available

Team of Volunteers for Each Case: Attorneys (suggest at least 2) Paralegals Administrative Assistants Summer Associates Others

5. Conclusion

Please Fill Out the Interest Form

Questions? : Contact Monica Llorente (312) 503-6606 M-llorente@law.northwestern.edu

Thank You!