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IN INTEREST OF J.E.S.

No. 90SA357.

817 P.2d 508 (1991)

In the Interest of J.E.S., Child-Appellant, and Concerning E.S. and D.S., Respondent Parents. Upon the Petition of SCHOOL DISTRICT NO. 11, by Jake GARCIA, an Attendance Officer thereof, Petitioner-Appellee.

Supreme Court of Colorado, En Banc.

September 16, 1991.

Attorney(s) appearing for the Case

J. Steven Butler, Colorado Springs, for child-appellant.

Lawrence F. Peek, Colorado Springs, Guardian Ad Litem, for child-appellant.

Anderson, Johnson & Gianunzio, Wm. Kelly Dude, M. Cole Emmons, Colorado Springs, Nancy H. Westmoreland, Clarksburg, W.Va., for petitioner-appellee.

Shari F. Shink, Denver, for amicus curiae, Children's Legal Clinic.

Hilary Holland, Westminster, David Miller, Denver, for amicus curiae, American Civil Liberties Union of Colorado, Inc.

Mary Pat Ellis, Karowsky, Witwer & Oldenburg, Marilyn J. David, Greeley, for amicus curiae, School Dist. No. 6, Weld County, Colo.

Miller & Delay, P.C., John W. Groves, Grand Junction, for amici curiae, School Districts Northglenn-Thornton No. 12, Fort Lupton RE-8, Brighton 27-J, and Elizabeth C-1.

Douglas McKay Kerr, Denver, pro se, amicus curiae.

Justice VOLLACK delivered the Opinion of the Court.

Child-appellant J.E.S. appeals the district court's ruling that the 1990 amendment to section 22-33-108(7), 9 C.R.S. (1990 Supp.), of the School Attendance Law of 1963, which precludes a court from incarcerating a child for contempt of a court order to attend school, is unconstitutional. We affirm.1

I.

On January 10, 1989, the...

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