Issue: Under Illinois law, when may a party raise an argument of ineffective assistance of counsel in a case involving juvenile neglect?
|Area of Law:||Litigation Practice & Procedure, Litigation Practice and Procedure|
|Keywords:||; Ineffective; Assistance; Counsel; Juvenile; Neglect; Reasonable; Objective; Standard|
For claims of ineffective assistance of counsel in juvenile neglect cases, the appellant must show that her counsel’s representation fell below an objective standard of reasonableness, and the deficiencies prejudiced the appellant. In re D.M., 258 Ill.App.3d 669, 674 (1994). The appellant must overcome the presumption that counsel had sound strategic reasons for her actions. In re Charles W., 2014 IL App. (1st) 131281, ¶ 32.
In Re Mariah W., 2016.IL.152264-U (Ill. App. Dist. 1 2016) (not precedential).
Date: March 1, 2016