The plaintiffs also argue that the district court committed reversible error in admitting evidence regarding the criminal records of David and his brother Ronnie. Evidence regarding David's juvenile court records was admitted on cross-examination of David's mother, Barbara Jackson. She testified that she was aware of certain times when David had sniffed glue, and the defense presented David's juvenile court records to show that she was aware of several additional instances, thus impeaching her credibility. The plaintiffs argue that under
Rule 609 juvenile court records are not admissible in civil trials. We find that
Rule 609 does not prohibit the defense's use of juvenile court records in this case. First,
Rule 609 speaks of using the
witness's criminal convictions to impeach that witness. In this case, the defense offered David's juvenile court records to show that his mother, the witness, had been aware of other times that David had sniffed glue. Secondly,
rule 609 does not bar the use of all criminal records in civil proceedings.
Green v. Bock Laundry Machine Co., 490 U.S. 504, 109 S.Ct. 1981, 104 L.Ed.2d 557 (1989) (Evidence of plaintiff's prior convictions for felonies of burglary and conspiracy to commit burglary admissible to impeach plaintiff's credibility where he sought damages in a products liability action). The plaintiffs also argue that
O.C.G.A. § 15–11–38(b) bars the use of juvenile court records in any proceeding in any court. However, the statute states that the records cannot be used “against [the delinquent]” in any proceeding in any court, and in this case the records were not used against David himself. Furthermore, the Georgia courts have allowed juvenile records to be offered into evidence under some circumstances.
Houser v. State, 173 Ga.App. 378, 326 S.E.2d 513 (1985) (Allowing juvenile record to be used in criminal trial for rape to show “lustful disposition” and for corroboration purposes).