Memo to Self 3/15/04

Juvenile Representation in Appellate Proceedings

OCGA15-11-6 (b) right to counsel applies to delinquency, unruliness, deprivation all proceedings not specifically to traffic ( These are more serious & hearing formal) Counsel must be provided child not represented by parent, guardian or custodian. If interest conflict, must have separate counsel.

OCGA 15-11-73 juvenile traffic offense not usually act of delinquency. "informal" hearing.

right to appear by counsel

OCGA 15-19-51 Unauthorized practice of law forbidden. Forbidden to render legal services of any kind in actions or proceedings of any nature; appear as an attorney at law for any person other than himself

Cases in which appears from Opinions that juvenile appeared pro se:

160 Ga App 896 (1982) No. 62864 Juvenile pro se no age indicated.

236 Ga. App. 879 (A98A1768) juvenile pro se - no oral argument

time of offense 12/29/95 age 16; time of motion to set aside sentence 10/9/97; appeal docketed 4/30/98. Had to be 18 by then.

188 Ga. App. 299 (1988) (No. 76842) son and mother appeal pro se. Mother filed petition to seal juv ct record of son who was 17.

200 Ga. App. 170 juvenile pro se. 17 at time of trial court error and appeal. Issue was related to probation revocation on earlier delinquent act.

Here 2004 case Juvenile was 16 at time of traffic offense; now 17.

Is 17 adult for appeal purposes? Lee Grant suggest yes, 17 limit of juvenile court jurisdiction

Me no age of majority is 18 OCGA 39-1-1

Can parent represent during appeal. Here Father actively attempt to represent at trial hearing and assist with notice of appeal.

Is parent a party to juvenile case? Ga. App. case in Lee Grant memo ftn. 4 (237 Ga. 406) was deprivation case and it says yes. A Deprivation case may not be applicable here.

All proceedings definition in 15-11-6 (b) by Ga. App. cases applies to appellate proceedings.(229 Ga. App. 111)

Is there rationale for not apply strictly unauthorized practice of law code section. No threat to practice of law here. Few cases. Law provides for parent to act for child in many other areas of the law. Parent does not have a conflict with juvenile interest. Conflict is matter for trial court to determine.

Court does not need pass new rule or to dismiss appeal if counsel or parent not on notice of appeal with juvenile. Rather clerk should accept and maybe have this flagged by central staff or clerk's office. Court can make determination if necessary to remand.