Arizona Attorney - May 2017

Remaking Juvenile Justice
In Re Gault Anniversary

Realizing Gault’s Promise of Due Process

In this Issue:

BY PETER J. CAHILL & SARAH EDWARDS

I6In Re Gault and Collateral Consequences

BY HON. JAY D. BLITZMAN

20I8 The Rest of the Gault Story

Fifty years ago, Arizona played a pivotal role in a case that remade juvenile justice from shore to shore.
In re Gault is the succinct name that encapsulated a traumatic moment in the life of a young boy—and a landmark
American case.

In 1964, 15-year-old Gerald Gault was sent to a youth prison. Unremarkable enough, but his incarceration followed a brief off-the-record session in a Globe, Arizona, judge’s chambers. By the time that session and a number of hearings were held regarding his alleged lewd telephone call to a neighbor, Gault was sentenced to six years in juvenile detention—the amount of time until he reached adulthood. Had he been an adult facing the same charge, he would have gone through a far more formal process, with multiple rights along the way. Ultimately, he may have faced a $50 fine.

But as a juvenile, the process that led to the incarceration of Gerald Gault was largely informal. He and his parents
were never served with the petition, the parents were not always able to be present, no recording was made of pro-
ceedings, and no one was sworn in prior to testifying.
Ultimately, his parents found a Sun City lawyer who agreed to take the case from Globe to Phoenix and then to
Washington, D.C. As a result, the Supreme Court held that all children accused of delinquent acts have the right
to counsel in proceedings against them. Five decades later, we marvel at how juvenile justice was administered, and
how a landmark legal case made a difference in the life of Gerald Gault and of generations of young people to follow.

law’s attic

Law’s Attic sheds light on remarkable historical events whose anniversary is upon us. The feature includes occasional short essays on noteworthy cases, laws or legal events whose anniversary is ripe—whether they occurred 10 years ago, or