In re Austin M.

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2012 IL 111194
Decision Date: 
August 30, 2012
District: 
4th Dist.
Division/County: 
Ford Co.
Justice: 
BURKE
Holding: 
Circuit court and appellate court reversed; remanded.
Minor in delinquency proceeding was denied due process by his appointed attorney operating under per se conflict of interest, as attorney functioned more as GAL than as defense counsel. A per se conflict exists when minor's counsel in delinquency proceeding simultaneously functions as both defense counsel and GAL, as risk that minor's constitutional and statutory right to counsel will be diluted or denied is too great. (KILBRIDE, GARMAN, and THEIS, concurring; FREEMAN and KARMEIER, concurring in part and dissenting in part; THOMAS, dissenting.)