JUDICIAL ETHICS OPINION
IT IS ETHICALLY IMPROPER FOR JUVENILE COURT JUDGE TO APPOINT AND SUPERVISE
YOUTH SERVICES OFFICERS APPEARING IN HIS OR HER COURT AND/OR TO RUN YOUTH
PROBATION PROGRAM
CRIMINAL PROCEDURE: Juvenile Court. CRIMINAL SENTENCING: PROBATION.
Inquiry has been made as to propriety of juvenile court judges and their
employees supervising probation and other programs for juveniles whom they
have placed on any type of probation. Included in this issue is appointment
and supervision of probation officers for juvenile court. Pursuant to TCA
37-1-162(a)
, state provides participating counties with supplemental funds
each year for improvement of juvenile court services. In accepting funds,
juvenile court is statutorily required to employ youth services officer--who
serves same role as probation officer serves for adults--to be appointed and
supervised by court. Implementation of these statutory requirements gives
appearance of impropriety in violation of Code of Judicial Conduct, Canon 2.
If youth services officer makes recommendations concerning disposition of
juvenile's case to juvenile court judge who employs and supervises officer,
it could be argued that ultimate decision to adjudicate juvenile delinquent
was not made neutrally and impartially. It could also be argued that
juvenile court judge gives great or greater deference to any recommendation
of youth services officer he or she has appointed and/or supervises. For
these same reasons, it is also ethically improper for juvenile court judge
to supervise entire juvenile probation program. Juvenile court judge who
appoints and supervises youth services officers appearing in his or her
court and/or runs youth probation program is not acting "in a manner that
promotes pubic confidence in the integrity and impartiality of the
judiciary." Better practice would be to allow executive branch to employ,
supervise, and operate each county's probation program. (JUDICIAL ETHICS
COMMITTEE ADVISORY OPINION 98-05, 23 tam 51-59, 11/13/98, Peay, 2 PAGES.)
Note: See the related topic on LOCAL ALLOCATION OF RESOURCES FOR CRIMINAL JUSTICE IN ANDERSON COUNTY
