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Idaho Juvenile Rule 37. Right to Counsel (C.P.A.)

(a) The court should appoint counsel to represent the guardian ad litem, unless the guardian ad litem has counsel or has waived counsel.  

 

(b) The court may appoint separate counsel for the child in appropriate cases. The court may consider the nature of the case, the child's age, maturity, intellectual ability, and other factors relevant to the child's need for counsel and ability to direct the activities of counsel.

 

(c) If there is no qualified guardian ad litem program or qualified guardian ad litem available, the court shall appoint counsel for the child as provided in I.C. § 16-1614.  

 

(d) The parent(s), guardian, or legal custodian has the right to be represented by counsel in all proceedings before the court.  The court shall appoint counsel to represent the parent(s), guardian, or legal custodian if it finds that they are financially unable to pay for such legal services, unless representation is competently and intelligently waived.

 

(e) Notice of the right to be represented by counsel, and at public expense where financial inability exists on the part of the parent(s), guardian, or legal custodian, should be given at the earliest possible time.  Notice shall be given in the summons, and at the outset of any hearing in which the parent(s), guardian, or legal custodian is making a first appearance before the court.

 

 

(Revised Rule 37 - adopted August 21, 2006.)

 

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

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Idaho Supreme Court



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Idaho Court of Appeals

 

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