Access to Counsel
This guidebook from National Conference of State Legislatures provides information on current youth justice policy at the federal and state level exploring a range of youth justice policy areas rom age of juvenile court jurisdiction and transfer into adult court to diversion and probation. From the introduction: “Today, a sound body of youth justice law…
This report from Human Rights for Kids details survey results from 2,200 individuals who were incarcerated as adults for crimes they committed as children. The findings from the report demonstrate the fact that “children tried as adults are often victims long before they became [system-involved],” discusses the intersection between childhood trauma and the legal system,…
From the abstract: “Over the past several decades, there have been an alarming number of instances where young Americans have had their lives ruined due to their involvement as confidential informants in law enforcement narcotics investigations. These tragedies have garnered national attention and inspired attempts at reform several times. Yet, the reckless use of the…
This article focuses on the state of access to counsel for individuals in immigration proceedings, looking at data collected from 2013-2024. This article looks at representation inside and outside of detention, in different jurisdictions, and across different nationalities. This article also looks at the increase of young people placed in removal proceedings, as well as…
“Each year, millions of Americans rely on public defenders to fulfill their Sixth Amendment right to counsel. Despite being the linchpin of the criminal justice system, public defense remains both underfunded and understudied. This Article provides empirical analysis to contribute to a critical question: How should public defender systems be structured? Criminal justice advocates, scholars,…
The Ohio Court of Appeals, Fourth Appellate District, held that the trial court erred in accepting I.R.M.’s plea because she did not validly waive her right to counsel, proceeded to disposition without a parent, guardian or custodian present, and abused its discretion by placing I.R.M. in a facility for six months. The court stated in…
The Gault Center released an update on the state of youth defense in Kansas, which centers the perspectives and experiences of young people impacted by the juvenile legal system, through a collaborative effort with Progeny, a youth-adult partnership in Kansas, TerraLuna Collaborative, a research consulting group, and Mulberry Art Gallery, which focuses on supporting emerging…
The Gault Center submitted an amicus brief in the Supreme Court of Ohio on a case involving a young person’s right to appeal a competence and transfer determination in juvenile court after entering a guilty plea in adult court. Outlining procedural justice arguments and the constitutional right to a competency and transfer hearing, the brief…
Professor Kris Henning and Rebba Omer authored a law review article on decriminalizing normal adolescent behaviors, race, and disabilities. This article maps a way forward for all system actors in the juvenile legal system to mitigate and buffer against the harms of juvenile legal system involvement for youth with disabilities. Specifically, this article outlines youth…
From the Introduction: “Although California needs to make major improvements to its indigent defense system, the most overdue and pressing starting point is to ban flat-fee contracts. In this report, we explore why many California counties rely on flat-fee contracts, analyze recent contracts in counties that do not have a dedicated public defender’s office, and…
From the abstract: “This Essay draws on empirical research to compose a sketch of the criminal legal systems of several sparsely populated counties in central and eastern Washington State. The study reveals how, at times, the dearth of attorneys available to do the work of prosecuting and defending criminal cases is subjecting system-involved individuals to…
From the introduction: “In this Article, [the author] examines the question of whether state courts, under their state constitutions, may be better suited than federal courts to provide effective remedial measures designed to ensure that criminal defendants receive effective assistance of counsel in criminal prosecutions.”
From the introduction: “A subset of the research that has been conducted on the effects of counsel at first appearance in criminal cases examines the effects of providing counsel to individual defendants on the system itself, rather than the effects on the individuals. As discussed below, this research shows that providing counsel at first appearance…
In August 2024, the Office for Access to Justice hosted a convening on youth defense, calling attention to the urgent need to invest in youth defense specialization. “Such investments from the state and federal level are essential to safeguarding young people’s constitutional rights. Well-trained and specialized counsel help young people understand their rights as they…
From the executive summary: “The repercussions of involvement in municipal court are severe and often can affect youth long into adulthood through punitive measures like probation, fines and fees, detention, and criminal records. To address these issues, this report calls on municipal courts, policymakers, police departments, school districts, and advocates to take action. It emphasizes…
On August 29, 2024, the Gault Center hosted a National Youth Defense Townhall focused on the role of youth defenders in transforming the juvenile legal system. The Townhall outlined a theory of change rooted in cultivating critical connections to harness our collective power to transform systems of harm and punishment. In attendance were nearly 200…
Challenging the Status Quo: Mobilizing Youth Defense Teams to Uphold Youth Rights & Uproot Injustice
This Racial Justice Webinar was hosted by the Gault Center and Georgetown Law’s Juvenile Justice Clinic & Initiative on May 29, 2024. The webinar focused on a collective call to action for the youth defense community to transform the juvenile legal system by centering youth and their constitutional rights to freedom, liberty, and equality. This…
On May 5, 2021, NJDC presented at an Illinois Summit about our report, Due Process in the Time of COVID. The presentation may be useful to other jurisdictions as they consider continuing to use technology to hold court hearings virtually as the pandemic wanes.
NJDC is proud to partner with the Players Coalition to eliminate barriers to that prevent young people from accessing their constitutional right to counsel.
