Access to Counsel
An infographic outlining steps towards a more effective juvenile defense system.
The Snapshot is based on a state-by-state analysis of the statutes that govern children’s access to counsel and interviews with juvenile defenders about how statutes and court rules translate into practice. The interviews were conducted with attorneys in urban and rural areas to explore differences in practices and resources. In total, 70 interviews were completed…
Fifty years ago, the United States Supreme Court said that children have fundamental rights in America’s courtrooms. In the nearly five decades since then, the promise of Gault has not been realized. It is time to fulfill that promise. Justice demands that all children in juvenile court have meaningful access to qualified counsel.
Every jurisdiction is different and has different resources and laws governing whether children have access to counsel and at what stage in the proceedings. The recommendations that follow may be more difficult to implement in some jurisdictions than others. It is hoped that to the extent the recommendations cannot be fully implemented within your jurisdiction,…
Quality legal representation informed by social science research and best practices is integral to ensuring the fair administration of justice in the juvenile delinquency system. The importance of a youth’s access to knowledgeable, well-resourced juvenile indigent defense counsel cannot be overstated. The prevalence of lowbid, flat-fee contracting schemes for court-appointed and contract juvenile indigent defense…
Provides a framework for developing effective youth defense systems.
The Court considers a question of first impression — whether a criminal defendant must be provided in-person interpreting services, rather than video remote interpreting (VRI) services, at his jury trial.
From the Executive Summary, developed by Equip for Equality: “The children in the Juvenile Temporary Detention Center (“JTDC”) are some of the most vulnerable youth in Cook County, many having experienced significant trauma and violence as part of their daily existence. The JTDC is the juvenile jail for Cook County, housing youth awaiting adjudication of their cases, as well…
Creates a case for holding states liable for abdicating their duty to ensure that all children have zealous representation.
From the abstract: “This Article considers an approach to pretrial reform focused on improving the quality of defense counsel. In Philadelphia, a substantial fraction of people facing criminal charges are detained following rapid preliminary hearings where initial release conditions are set by bail magistrates operating with limited information. Beginning in 2017, the Defender Association of…
Limited Justice: An Assessment of Access to and Quality of Juvenile Defense Counsel in Kansas (2020)
This assessment of access to counsel and quality of representation for Kansas youth is part of a nationwide effort to systematically review and provide information about the provision of defense counsel in delinquency proceedings. The purpose of a state assessment is to provide policymakers, legislators, defense leadership, and other stakeholders with a thorough understanding of…
The purpose of a state assessment is to provide policymakers, legislators, defense leadership, and other stakeholders with a thorough understanding of children’s access to counsel in the state, to identify structural and systemic barriers that impede effective representation of children, to analyze how fee and cost structures inhibit young people’s access to justice, to highlight…
This assessment of access to counsel and quality of representation for New Hampshire’s youth is part of a nationwide effort to systematically review and provide information about the provision of defense counsel in delinquency proceedings. The purpose of a state assessment is to provide policymakers, legislators, defense leadership, and other stakeholders with a thorough understanding…
This assessment report provides an overview of Michigan’s system of juvenile defense. It examines the extent to which youth in delinquency court are provided with well-qualified and effective counsel at all critical stages and addresses systemic barriers that may impede effective representation and hamper due process and equal protection of the law. It measures structure,…
