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By Edina A.T. Strum
Arizona Daily Wildcat
February 5, 1997

Law students to represent abused children in court

More than 900 children in Pima County have cases pending in the Pima County Juvenile Court, but they have broken no laws.

Rather, these children are victims of abuse and neglect. At the request of either Child Protective Services or a family member, cases are pending to remove them from their parents' care, said Nanette Warner, associate presiding juvenile court judge.

The University of Arizona's College of Law started helping these children this semester by starting the Child Advocacy Clinic.

The clinic is sponsored by a $100,000 grant from the Kellogg Foundation, Robidoux Foundation and the Pima County Juvenile Court. It "will allow students at the College of Law to provide effective representation to children and their parents," said Joel Se ligman, dean of the Law College.

The clinic will be assigned dependency and severance cases from juvenile court and law students will work as the child's attorney, said Andy Silverman, clinical instructor of law.

Silverman said dependency cases usually involve abuse or neglect and may involve placing a child in foster care, in a relative's home or in the care of Child Protective Services.

Paul Bennett, the clinic's director, added, "The state is obligated to try to get families back together."

In the interim, Bennett said students will represent the interests of the children and prepare for trial.

The case becomes a severance issue if all attempts at making the home a stable, safe place fail. Severance permanently breaks all ties to the natural parents, Bennett said.

Eight law students, which is the maximum enrollment, are taking the clinic as a one-semester class. They will gain hands-on legal experience while providing the children free legal council.

"It's going reasonably well," Bennett said. "I'm very happy with the students."

Second- and third-year law students are able to practice law under the Arizona Supreme Court Student Practice Rule.

However, the students are not licensed attorneys so they must work closely with Bennett, who will be held responsible for all the work done by the students, Silverman said.

Bennett is an attorney who has worked in family and criminal law for 20 years. Most recently, he taught law at Cornell University.

Each student will work on a case for one semester, but the cases typically take two years to settle, Warner said. She said she expects Bennett to carry the cases through each semester and represent the child while new students learn the background of the case.

Warner said the UA College of Law did not offer any courses or programs to teach new lawyers how to practice child welfare law before the UA announced the clinic.

"We need lawyers with a social worker's understanding," she said.

The students' training will include lessons on working with the children and families, recognizing signs of abuse and neglect and emphasizing the need for lawyers who will stay in the field beyond the first year or two after graduation, Warner said.

The idea for the clinic developed after Thea Gilbert, a third-year law student, founded the Association for Family and Child Advocacy two years ago at the College of Law.

"The UA's law school turns out good lawyers in other areas, but with no experience in juvenile law a lawyer can't represent a child well," Gilbert said.

The group has its largest membership this year at 50 students, she said.

It is difficult to get people into this area because "it's like being a teacher - very noble but low pay," Gilbert said.

The clinic is located at 1427 E. Helen St. and shares office space with the college's Domestic Violence Clinic.


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