General Provisions

215

Rule 104: Appearance of Attorney.

(a)   Entry of Appearance.  An attorney who undertakes to represent a party in any juvenile court action shall immediately notify the court, unless appointed by written order of the court. An attorney must notify all parties of the entry or appointment. For the purpose of this rule, the filing of any pleading signed by an attorney constitutes an entry of appearance.

(b)  Continued Representation.  An attorney who has entered an appearance or who has been appointed by the court shall continue such representation until relieved by order of the court.

(c)    Prosecuting Attorney. Whenever required by statute or rule, or at his or her discretion, the district attorney general shall appear in the juvenile court and prosecute on behalf of the state.

Advisory Commission Comments.

The Commission cautions attorneys to pay special attention to subdivision (b).  In the absence of a court order relieving the attorney, that attorney remains attorney of record in any case to which the attorney was appointed or entered an appearance.

In no event should a youth services officer or other employee of the court appear as prosecutor in juvenile court or fulfill in any way such role. This does not, however, prevent the youth services officer from being the petitioner or a witness in a proceeding.

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