An Introduction to the Cook County Juvenile Justice System

1. An Introduction to the Cook County Juvenile Justice System April 28, 2006 Bluhm Legal Clinic Children and Family Justice Center Children’s Law Pro Bono Project

2. Contents 1. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 2. The Cook County Juvenile Court • Example of Courtroom Layout Clerk (in wine-colored jacket) Judge Adjudicator (sets calendar) Court Reporter Witness Minor Respondent Family Members Defense Attorney Assistant State’s Attorney Deputy Sheriff Assistant Public Defenders’ Table (Great Resource) Assistant State’s Attorneys’ Table Benches for Probation Officers, Police Officers, and Private Attorneys Benches for Probation Officers, Police Officers, and Private Attorneys Door

9. 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

10. 3. Overview of a Juvenile Court Case • Legal Framework • Juvenile Court Act • Rules of Criminal Procedure • Case Law • Illinois Rules of Evidence

11. 3. Overview of a Juvenile Court Case

12. 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

13. 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

14. 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

15. 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)

16. 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

17. 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

18. 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

19. 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.

20. 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

21. 5. Conclusion • Please Fill Out the Interest Form • Questions? : Contact Monica Llorente • (312) 503-6606 • M-llorente@law.northwestern.edu

22. Thank You!