H. Michael Steinberg has 42+ years of experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.
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When Parents And Their Children Don’t Agree In Colorado Juvenile Court

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By H. Michael Steinberg Colorado Juvenile Criminal Defense Lawyer – 2025

When Parents And Their Children Don’t Agree In Colorado Juvenile CourtIntroduction: In re Gault, 387 U.S. 1 (1967)

The function of a criminal defense lawyer in juvenile criminal cases was addressed in the prominent Supreme Court ruling, In re Gault, 387 U.S. 1 (1967). This decision affirmed that every minor accused in a juvenile delinquency proceeding is entitled to legal representation. The Supreme Court determined that children have the right to a lawyer’s assistance whenever they face criminal charges in juvenile court.

“A proceeding where the issue is whether the child will be found to be ‘delinquent’ and subjected to the loss of his liberty for years is comparable in seriousness to a felony prosecution.

Therefore, the child needs the assistance of a criminal defense attorney to deal with the direct and indirect consequences of the arrest and prosecution, investigate the facts, talk to witnesses, obtain due process, and help the child present a defense or mitigation at trial or a sentencing hearing.

The juvenile “requires the guiding hand of counsel at every step in the proceeding against him.”

In re Gault, 387 U.S. 1 (1967).

The Nature Of A Criminal Defense Lawyer’s Ethical Duties To Their Juvenile Clients In Colorado Juvenile Criminal Court

It will come as a major surprise to many parents (to include legal guardians) who find themselves in Juvenile Court that when a criminal defense lawyer is retained or appointed on their child’s case that the lawyer’s sole fiduciary duty is to the child and NOT to the parents or legal guardians of that child.

While it is not in question that parents play a critical and important role in Colorado Juvenile Court proceedings, the Gault decision makes very clear that the rights of the child  must pre-dominate the lawyer’s duty to his client:

“…constitutional due process strictures, ethical mandates, and juvenile justice standards all underscore the fact that it is the child, not the parent, who is the client and decision maker…

It is the juvenile, not the parent or guardian, who faces a potential loss of liberty at the pretrial detention and disposition stages of the proceeding…

It is the juvenile, therefore, who possesses a fundamental due process right to legal representation.”

What is a fiduciary duty?

A fiduciary duty involves actions taken in the best interests of another person or entity. Fiduciary duty describes the relationship between an attorney and a client or a guardian and a ward.

Fiduciary duties include duty of care, loyalty, good faith, confidentiality, prudence, and disclosure.

In this context, it means that since the lawyer’s “client” in Juvenile Court is the child, not the parent, where there is a conflict in decisionmaking, the child decides.

This article addresses the unique ethical challenges to a Colorado criminal defense lawyer when a conflict arises between what the child wants in juvenile court and the parents’ demands for their child —what the parents want for their child.

Here is the rule: the fundamental duty of the lawyer is to advocate for the expressed wishes of the child. In a sentence, the child is the client and the client calls the shots. The criminal defense lawyer’s duty to their client can lead to a conflict when parents (who most often pay the lawyer’s fees) hold differing opinions on what the optimal goals and actions should be in the case.

A lawyer must carefully negotiate these dangerous waters, recognizing the importance of the role of parents in the juvenile court system while maintaining their responsibility of confidentiality and commitment to the child. Where there is a conflict, the parents do not have the power to force decisions on the criminal defense lawyer’s legal representation. Still, they can offer support and the knowledge and parental wisdom that is required.

While conflicts of interest must prioritize the child’s rights and wishes, a compromise may be possible to achieve an end that is in the child’s best interest.

How A Lawyer In Colorado Juvenile Court May Try To Resolve A Conflict Between The Parent And The “Client” Child

When a child’s stated interests diverge from what the attorney believes is best for the child, the attorney should attempt a candid dialogue to learn and to understand the child’s viewpoint. The attorney must try to ensure the child understands the legal procedures involved and the consequences of the child’s choices.

One possible answer is the appointment by the Court of a guardian ad litem

The Guardian Ad Litem

In a conflict between a child and his or her parents, the Court may appoint a Guardian Ad Litem (GAL). The GAL is in a unique position to help resolve the conflicts between the parties and to provide additional guidance.

A GAL is a lawyer designated by a judge or magistrate to look into and defend children’s and youths’ best interests (health, safety, and well-being).

What follows is the law that provides for the appointment of a GAL.

Colorado Law Section 15-14-115: The Guardian Ad Litem

At any stage of a proceeding, a court may appoint a guardian ad litem if the court determines that representation of the interest otherwise would be inadequate. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several individuals or interests. The court shall state on the record the duties of the guardian ad litem and its reasons for the appointment.

Again, making this point clear, if there is tension between the child and parent, and the Guardian Ad Litem cannot help to resolve that conflict, the lawyer is legally and ethically bound to follow the wishes of their juvenile client. So how does the lawyer resolve this problem? Ultimately, the lawyer must safeguard the child’s autonomy, providing a “dedicated” voice for the young client in the legal system.

Navigating Conflicts Of Interest Between A Parent And A Criminally Charged Child In Juvenile Court – The Role Of Communication

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As noted, in rare cases in Juvenile Court, Colorado criminal defense attorneys may have to resolve a situation where a parent and/or legal guardian require a particular outcome that the juvenile rejects. Understanding the essential aspect of juvenile defense is honoring the principle that the child’s legal rights are paramount. The lawyer must navigate complex family dynamics to ensure the child’s voice is heard and their interests are prioritized.

In addition to making sure the child understands their rights, responsibilities and alternatives, the criminal defense lawyer must also take into account the child’s capacity for making decisions, which might change depending on the child’s age and maturity.

By fostering an environment of understanding, the lawyer can help bridge the gap between conflicting interests and clarify the consequences of each decision. A key strategy is to fully and carefully educate both the child and the parents about the legal process and the potential outcomes of the case based on the unique facts, evidence, and circumstances of their case.

Empowering them with knowledge can often align the parent’s goals with the child’s.

Protecting Secrets – Client Confidentiality

Maintaining confidentiality is crucial to children. It is at the foundation of their trust. Unless the child specifically consents or the law requires disclosure, the attorney should protect the child’s secrets, even from the parents. However, it is also possible that lawyers can lawfully act as mediators maintaining an awareness of the sensitive nature and emotional dynamics at work to align the interests of both parties and put the child’s best interests first.

In some cases, an independent assessment by social workers or psychologists may be necessary to help understand the child’s needs and perspectives. Ultimately, if a conflict persists, the lawyer’s pivotal responsibility remains maintaining a commitment to advocate for what the child wants within legal and ethical guidelines.

Summary and Conclusion: Prioritizing The Child’s Legal Rights And Autonomy

When representing a juvenile in criminal court, a lawyer’s primary duty is to their client—the child—recognizing their distinct legal rights and autonomy, …even when this stance might conflict with the wishes of the parents.

A lawyer must advocate for the child’s expressed desires and defend their legal position, regardless of parental pressure to pursue different outcomes. This can involve sensitive conversations where the lawyer respectfully acknowledges the parents’ concerns but makes it clear that their ethical obligation is solely to the minor client.

In many cases, the child may have a clearer understanding of the circumstances of the case or may disagree with the parents’ perspective, necessitating a defense strategy that aligns with the child’s wishes but somehow also best protects the child’s future.

A criminal defense lawyer should strive to educate the child and the parents about the legal process, empowering both to make informed decisions about their case. By focusing on the child’s expressed interests, the lawyer upholds the child’s autonomy and ensures that the legal proceedings reflect their individual needs and desires, thereby safeguarding their rights within the justice system while also acting in their best interests.

Keeping It Simple: Striking A Balance

The lawyer needs to balance empathy with professionalism by first offering a safe space for the child to express their perspective while also acknowledging the parents’ concerns. The lawyer must adapt a communication style that suits the child’s understanding and maturity level and clearly explain legal processes and potential outcomes without using overly complex language.

Simultaneously, the lawyer must maintain transparency with the parents, addressing their concerns and explaining the legal obligations the lawyer owes exclusively to the child as the primary client. This can be challenging when parents have their own opinions or expectations regarding the case. The lawyer should strive to mediate these conflicts by facilitating dialogue and helping both parties understand each other’s viewpoints.

Ultimately, the lawyer’s goal must be to advocate for the child and follow their decisions while ensuring that the parents remain informed and supportive. By fostering open and honest communication, the lawyer can help bridge the gap that sometimes occurs between the child’s desires and the parents’ perspectives, thereby navigating the case more effectively and reaching the best result.

Finally, seeking the assistance of a child psychologist, counselor, and GAL can provide an objective viewpoint and help mediate disputes. These professionals can offer insights into the child’s emotional and psychological needs, ensuring that any legal decisions support their overall well-being. The lawyer must also remain vigilant to detect any situations where the child’s welfare might be compromised, advocating independently if necessary.

By employing empathy, education, and expert guidance, a criminal defense lawyer can effectively navigate conflicts, striving to achieve resolutions that honor the child’s best interests while acknowledging parental concerns.

In some situations, parents may have desires that conflict with their child’s preferences. For example, parents have occasionally been harmed in the incident. Understanding the responsibilities of a criminal defense lawyer, the child, and the parent can be most beneficial in these scenarios.

Finally, the reality is that almost every child depends entirely on what the parents wish. Collaborating with a criminal defense lawyer alongside the parents is typically the most effective approach. However, when disagreements arise, the parents must recognize their limited authority in this unique and specific aspect of the child’s life.

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Colorado Criminal Law – When Parents And Their Children Don’t Agree In Colorado Juvenile Court

The reader is alerted to the fact that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate when it was drafted, but it cannot account for changes occurring after it was uploaded.

BEST-STANDING-CHOICE-200x300ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at: hmsteinberg@hotmail.com

A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – please call 720-220-2277.

“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”

Putting more than 40 years of Colorado criminal defense experience to work for you.

You should be careful to make a responsible choice when selecting a Colorado criminal defense lawyer. We encourage you to “vet” our firm. Over the last 40 years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice.

H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written extensively on Colorado criminal law and continues to write, and he hopes this article helps you in some small way.