Loyola Civitas Childlaw Center, Children and Family Justice Center et al. Amicus Brief, Illinois v. Austin M. 

This amicus brief by Loyola Civitas ChildLaw Center, Juvenile Law Center, The Gault Center, and others argues there is a per se conflict of interest when a child’s defense attorney also acts as their guardian ad litem. The brief argues the guardian ad litem’s ethical and legal obligation to act in the child’s “best interest” conflicts with the child’s constitutional right to counsel under In re Gault since attorneys in these dual roles are more likely to be ineffective and not provide zealous representation to their young clients. Ultimately, the Supreme Court of Illinois reversed the child’s adjudication of delinquency finding his legal representation did not comport with constitutional due process and state law. 

File Type: pdf
Categories: Amicus brief, Resource Library
Tags: 14th Amendment, 6th Amendment, Adjudication, Collateral Consequences, Confidentiality, Conflicts of Interest, Cross Examination, Disposition, Due Process, Fundamental Fairness, Ineffective Assistance of Counsel, National Analysis, Pleas, Quality of Representation, Right to Counsel, Role of Counsel, Standards, Temp