Illinois Appellate Court
Civil Court
Juvenile Law
Respondent, age 16 at time of incident, was adjudicated a delinquent based on misdemeanor criminal sexual abuse, and sentenced to 24 months probation. Respondent was not deprived of effective assistance of counsel when his attorney agreed to give up his ability to cross-examine the witnesses in exchange for the State giving up the ability to have live testimony, as this is a matter of trial strategy; live testimony tends to be more persuasive than videotape. Respondent was not denied right to counsel when his attorney acted as both GAL and defense counsel; this "hybrid representation" was neither per se or actual conflict. In Illinois, counsel for juvenile respondents are encouraged to protect the legal rights of minors and the best interests of the minors and society.
(McCULLOUGH, concurring; APPLETON, dissenting.)