Often, people hold the belief that a private pay attorney is better than a court-appointed one. Certainly this can be true, but in juvenile court it’s often not true. Here’s why.
- The overwhelming majority of parents in juvenile CINA (Child in Need of Assistance) cases cannot afford a private attorney. This, of course, means that most of the attorneys in this area are on the court appointment list. That doesn’t mean those attorneys don’t do private pay work—it just means that the bulk of their cases are likely court appointed. A private pay attorney who is not on the court appointed list may not do a lot of juvenile CINA work.
- In order to be on the court appointed attorney list for juvenile court, an attorney musttake at least three hours of continuing legal education (CLE) specifically in the area of juvenile court. They are required to adhere to a higher standard of practice. This is not required of private pay attorneys. And as a practical matter, attorneys who practice primarily in juvenile court often attend far more than three hours of CLE in this area.
- Juvenile court is different from other areas of law; it is procedurally different (e.g., multiple hearings instead of one trial; exhibits are entered differently; rules of evidence and civil procedure are a bit different), but also philosophically It is not, as a general rule, as adversarial, and the goal is reunification of the family—not “win” vs. “lose.” Services are offered in furtherance of this goal. The court wants to see progress throughout the life of the case; it wants to see parents succeeding.
Because of these reasons, you may be better off with a court appointed attorney (if you qualify), even if you hire that attorney as a private pay attorney. They likely have far more experience in this area than a private pay attorney. Again, that doesn’t mean a private pay attorney can’t do a good job for you; it’s just that they may not have the same level of experience that a court-appointed attorney does.
My suggestion would be that if there is someone you have in mind, call the state public defender’s office to see if s/he is on the court appointed list for your county. If not, I would ask a few more questions of that attorney regarding his/her experience in juvenile court. I would ask if they are familiar with the federal and state laws regarding timelines, the purpose of the various hearings, and if they have worked with DHS before.
Ultimately, if the court appoints an attorney for you, you may or may not be able to “choose” who that is. And like any profession, some are better than others, even on the court-appointed list. But don’t assume that your representation will be somehow less if you have a court-appointed attorney rather than private pay, because in fact, the reverse may very well be true.