Intensity and complexity describe juvenile law, in terms of its unique blend of criminal and civil law, but also with regard to the client: by definition, the client is a child.  We all have clients, no matter our practice area, be it corporate, family, personal injury, immigration or criminal, that stand out as particularly hard-headed, unreasonable, or worse.  Imagine those characteristics possessed by a 5’2” 11 year-old charged with a serious felony crime, coupled with parents who do not care about the child[1], and you can begin to appreciate the magnitude of the potential problems.  I have had parents tell me “let Junior go to TYC,[2] it will be good for him”.  I gently explain that my duty is to the child, not them, but since they are parties, I thank them for their input.  I have even had this type of parental feedback in cases where TYC is not even possible!  I guess it means the parents don’t want to feed, clothe and supervise the child, which may explain why the child is in the juvenile system to begin with. I have also experienced even sadder cases where the child views TYC as a better place than his home.

In addition to the client, juvenile practioners will encounter at least some of the following players in most cases: the court, the prosecutor, the probation officer, the parents, and psychiatric, psychological and educational professionals.  All of these competing interests must be considered when defending the juvenile client, but all should be working towards “the best interests of the child,” which is the touchstone of Texas juvenile law. What this means has evolved through the years, as the emphasis has changed to more adult type punishment, first via the certification and transfer laws, and later the determinate sentence laws enacted in the 1990’s. Prior to the determinate sentence law, commitment to TYC until the age of 21 was the harshest punishment available unless the child was certified as an adult.  However, if the child was not certified, because of age or other factors, a juvenile convicted of murder would have been released from all supervision no later than the age of 21! (Under certification proceedings, a juvenile can be punished by a judge or jury for up to life in adult prison). The determinate sentencing procedures allow the State to seek grand jury approval of the petition filed against the juvenile.  It differs from certification and transfer because the potential punishment for the most serious offenses is capped at 40 years and it keeps the child initially in the juvenile system.  Additionally, if the child does well while in TYC, no TDC[3] transfer will take place and the child will never have to serve adult penitentiary time.