Article II. Prehearing Procedures


Rule 19: 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. 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 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 the complaint on behalf of the State. In any matter where the interests of justice so require, pursuant to T.C.A. § 37-1-124, the district attorney general or city or county attorney, or any attorney upon request of the court shall present the evidence in support of the petition and otherwise conduct the proceedings on behalf of the state.

Advisory Commission Comments.

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 violation of probation proceeding; nor does it prevent the judge from asking non-adversarial questions of witnesses.

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