## Facts

- Five juveniles were proceeded against in New York City Family Court as alleged juvenile delinquents based on conduct that would constitute homicide if committed by an adult.
- Before the fact-finding hearing, the juveniles (through counsel) sought information from the State using discovery devices commonly used in civil practice.
- The juveniles served interrogatories, requested production of documents, and noticed depositions of state actors involved in the investigation and prosecution.
- The discovery requests aimed to learn what evidence the State possessed and intended to offer, including statements and seized property, and to support potential suppression motions.
- The State objected, requiring the court to determine whether such discovery was available in delinquency proceedings and, if so, to what extent.

## Issues

1. Whether juvenile respondents in a Family Court delinquency proceeding may use discovery devices (interrogatories, document requests, and depositions) against the State to obtain information needed to prepare a defense, including challenges to unlawfully obtained evidence.

## Decision

- The Family Court held that juvenile respondents may use discovery against the State in delinquency proceedings to the extent necessary to protect constitutional rights and permit adequate pre-hearing preparation.
- The court approved discovery in substantial part, emphasizing the need to learn whether property or statements were obtained unlawfully and whether the State intended to introduce such evidence at the fact-finding hearing.
- The court indicated it could supervise and limit discovery to prevent abuse or undue burden while preserving fairness.
- The court recognized that pre-hearing procedures, including separate suppression hearings where appropriate, may be used to avoid Fifth Amendment difficulties.

## Legal Principles

- Although labeled civil, juvenile delinquency proceedings must satisfy due process and fair treatment, including protections comparable to those afforded criminal defendants where liberty is at stake.
- Effective assistance of counsel in delinquency proceedings requires a meaningful opportunity to investigate and prepare, including the ability to identify and litigate suppression issues before fact-finding.
- Juveniles have the right to challenge the admissibility of unlawfully obtained statements and seized property; discovery may be required to make that right practical.
- Courts may structure pre-hearing procedures to protect against self-incrimination concerns, including separating suppression litigation from fact-finding when needed.

## Conclusion

The Family Court permitted juveniles in delinquency proceedings to obtain discovery from the State, reasoning that due process and the right to contest unlawfully obtained evidence require pre-hearing access to information about the State’s intended proof, subject to judicial supervision of scope and burden.


In re Edwin R., 60 Misc. 2d 355, 303 N.Y.S.2d 406 (N.Y. Fam. Ct. 1969)