Citation Numbers: 60 Op. Att'y Gen. 449
Judges: ROBERT W. WARREN, Attorney General
Filed Date: 12/17/1971
Status: Precedential
Modified Date: 7/6/2016
GERALD C. NICHOL, District Attorney, Dane County
You have asked my opinion whether a juvenile court has the discretionary power to exclude the district attorney in juvenile proceedings.
Your question must be answered affirmatively. It is well established that juvenile proceedings are in the nature of a judicial investigation without adversary parties in the sense of an ordinary lawsuit. In reAronsen (1953),
Section
In 1929, one of my predecessors indicated that it was not the duty of the district attorney to appear in juvenile cases unless requested to do so by the juvenile court. In contemplation of the children's code, these proceedings are not supposed to be of a criminal nature. The presence of the district attorney would give the appearance or impression of a criminal prosecution. 18 OAG 573.
Based on the foregoing, it seems fairly clear to me that the juvenile court has the discretion to admit or exclude the presence of the district attorney in juvenile proceedings.
RWW:WLJ *Page 450