AG 2007 01 22 - Laserfiche WebLink

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phase of the case, agency attorneys must be comfortable zealously trying a case in court. To do so, the attorney must be willing and able to make appropriate motions, objections, and arguments. 17. Present case-in-chief, present and cross-examine witnesses, prepare and present exhibits Action: The attorney must be able to coherently present witnesses to move his or her case forward. The witness must be prepared in advance and the attorney should know what evidence he or she expects to present through the witness. The attorney must also be skilled at cross-examining opposing parties' witnesses in an effective, but non-malicious, manner. The attorney must know how to offer documents, photos and physical objects into evidence. Commentary: Because the agency is generally the moving party in most hearings, the burden is on the agency attorney to present a solid case with well-prepared witnesses and documentary evidence. The agency attorney must ensure that appropriate witnesses, e.g., caseworkers who are familiar with the entire case, are present in court and prepared to testify. Additionally, it is important that the agency attorney is comfortable cross-examining witnesses when the other parties present their cases. 18. In jurisdictions in which a jury trial is possible, participate in jury selection and drafting jury instructions Commentary: Several jurisdictions around the country afford parties in child welfare cases the right to a jury trial at the adjudicatory or termination of parental rights stages. Agency attorneys in those jurisdictions should be skilled at choosing an appropriate jury, drafting jury instructions that are favorable to the agency's position, and trying the case before individuals who may not be familiar with child abuse and neglect issues. 19. Request the opportunity to make brief opening and closing arguments when appropriate Action: When permitted by the judge, the agency attorney should make opening and closing arguments in the case to set the scene and ensure the judge understands the issues. Commentary: In many child abuse and neglect proceedings, attorneys do not make opening and closing arguments. However, these arguments can help shape the way the judge views the case and therefore can help the attorney. Argument may be especially needed, for example, in complicated cases when information from expert witnesses should be highlighted for the judge, in hearings that take place over a number of days, or when there are several children and the agency is requesting different things for each of them. 13 ,+ ~ W