Page 8 - Juvenile Practice is not Child's Play

Top Ten things to Keep in Mind as You Represent a Youth Client

1. Your client is the child, not the parents: You must let the parents/caregivers know from the beginning of

the case that, even if they pay your fees, their child is your client. The importance of this was emphasized with the
addition of Chapter 62 to the Texas Family Code. Since it is now clear that parents can be held in contempt for
violations of court orders related to their child's probation, there is always a possible conflict between the parents

and the children. This is a very difficult concept for most parents because they have been shuffled from probation
to court, had to take time off from work, may have problems taking care of other children in the family, or have
other crises to handle. Parents may be very angry with their child and may feel pressure to resolve the situation. Do

not be surprised if the parents are hostile to you or are resistant to the notion that you represent only the child.

2. Emphasize to your client and the family not to discuss the case with anyone: Warn your client and the
family not to discuss the case with anyone other than you and to advise you if anyone tries to get them to discuss
the case. Also, if you are fortunate enough to be appointed before the family goes to probation for an interview,
warn parents not to express anger at the interview (and attend the interview if you can). Many a parent has made

statements like “I can’t get him to obey me at all,” “he runs around and does what he wants,” or “some of his friends
may smoke marijuana”--only to have these statements come back as “the youth is disobedient and disregards his
parents and authority,” “parents suspect drug usage due to associates,” or worse. This can cause problems at the

time of disposition and can seriously impact the youth.

3. Juvenile court is not sandbox court: contrary to what many people think, juvenile law is not “easy law.”
Juvenile court is not an arena meant for you to practice in before going into adult criminal law. It consists of a
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complex, multi-disciplinary set of rules and issues. If the case stays in juvenile court, your client can be sentenced
to a maximum of 40 years of incarceration for the most serious offenses.

4. Mitigate, mitigate, mitigate: Unfortunate childhood experiences inspiring compassion, without justifying or
excusing the offense, can be powerful mitigation evidence. You must investigate your client’s background,
including their familial situation, performance and behavior at school, socioeconomic status, medical health, and

mental condition. You should try to determine if they have ever been abused or neglected. Moreover, you should
estimate how family and friends have influenced their criminal behavior. A list of things to look for is included in
Section VI(F).

5. Make sure your client understands what is happening to them: Whereas children may seem to

comprehend what is happening, they often misunderstand their rights and the outcomes of their cases. Remember

13 ROBERT O. DAWSON, TEXAS JUVENILE LAW 9 EDITION, Texas Juvenile Justice Department (Aug. 2018)
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