Rule 115 | Representation by Counsel

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 115 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Representation by Counsel

115.01 | Right to Counsel

a. A party is entitled to be represented by counsel in all proceedings.

b. A juvenile may waive the right to counsel in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, only with the approval of the court.

c. Waiver of counsel by a juvenile may be withdrawn at any stage of a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, in which event the court shall appoint counsel for the juvenile if required by Rule 115.02a.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 115 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Representation by Counsel

115.02 | Right of Juvenile to Appointed Counsel

a. In any proceeding under subsection 1 of section 211.031, RSMo, the court shall appoint counsel for the juvenile when necessary to assure a full and fair hearing.

b. In any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the court shall appoint counsel, in addition to the guardian ad litem, for the juvenile if required by Rule 155.02a. The juvenile shall not be represented by the same counsel as the juvenile’s parents, guardian or custodian.

c. The court shall appoint counsel upon request for a juvenile prior to the filing of a petition or motion to modify under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, if the juvenile is the subject of the proceeding and appointment of counsel is required under Rule 115.02a.

d. In any proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, the juvenile and the juvenile’s parents, guardian or custodian may be represented by the same counsel in the absence of a conflict of interest. However, where it appears to the court that a conflict of interest exists, the court shall order that the juvenile and the juvenile’s parents, guardian or custodian be represented by separate counsel and, where required under Rule 115.02a, the court shall appoint counsel for the juvenile.

e. Appointed counsel shall be allowed a reasonable time in which to prepare to represent the juvenile.

f. In any proceeding under subsection 1 of section 211.031, RSMo, where counsel is appointed for the juvenile, the court may assess a reasonable attorney fee and any reasonable and necessary expenses of counsel as costs. In the discretion of the court, such costs may be adjudged against the parents, guardian or custodian of the juvenile, the informing witness as provided by law, or as otherwise provided by law.

Comment

An attorney appointed as guardian ad litem for the juvenile may also be appointed as counsel for the juvenile unless a full and fair hearing requires separate counsel.

Rule 115.02f authorizes the court to assess attorney fees and costs only as specifically authorized by law.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 115 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Representation by Counsel

115.03 | Right of Parents, Guardian or Custodian to Appointed Counsel

a. In any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the court shall appoint counsel for the juvenile’s parent, guardian or custodian upon finding that:

(1) the parent, guardian or custodian is indigent; and

(2) the parent, guardian or custodian requests appointment of counsel; and

(3) a full and fair hearing requires appointment of counsel for the parent, guardian or custodian.

b. Appointed counsel shall be allowed a reasonable time in which to prepare to represent the parent, guardian or custodian.

c. Appointed counsel shall serve at all stages of any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, including appeal, unless relieved by the court for good cause shown. If no appeal is taken, services of counsel may be terminated following entry of an order of disposition.

Comment

The court may at any time,  sua sponte or at the request of a party, review whether a parent, guardian or custodian is or remains indigent and, if no longer indigent, discharge appointed counsel or, if now indigent, appoint counsel if requested and required for a full and fair hearing.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 115 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Representation by Counsel

115.04 | Appearance By Counsel

a. Counsel shall enter an appearance on behalf of the party he or she represents in a proceeding before the court by filing a written notice of appearance, filing a pleading, motion or notice signed by counsel, or appearing in open court and on the record identifying himself or herself and the party he or she is representing.

b. After counsel has entered an appearance, counsel shall be served with copies of all subsequent pleadings, motions, orders, judgments, and notices required by rule or statute to be served on the party counsel represents.

c. Counsel may withdraw from representing a party only with leave of court and only upon compliance with Rule 4 and any applicable local court rules.

Comment

Counsel who enters an appearance in open court on the record by identifying himself or herself and the party he or she is representing shall, in addition, file with the court a written notice of appearance containing counsel’s current address and telephone number.

Upon entering an appearance, counsel shall receive from the clerk copies of all prior pleadings, motions, orders and judgments.


(Adopted May 20, 2009, effective January 1, 2010.)