Legal Memorandum: Raising an argument of ineffective counsel in a juvenile neglect case

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
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

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 Dist. 1 2016) (not precedential).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

Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)