State Ex Rel. Gillard v. Cook

OPINION

FONES, Chief Justice.

This case presents two (2) issues: (1) Whether a juvenile is entitled to counsel at every probation revocation hearing; (2) Whether the standard of proof in juvenile probation revocation hearings should be “beyond a reasonable doubt” or by a “preponderance of the evidence.”

Willie Gillard, the Petitioner below, was found delinquent by a juvenile court on a date uncertain but no later than January, 1973, and was committed to a juvenile institution. He was then released on home placement status 1 (commonly called “aftercare” under prior law 2 ) in April, 1973.

On May…