Access to Counsel
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,…
This brief highlights the United States Supreme Court’s most important language in landmark cases about young people’s rights. These quotes can be used to bolster the arguments and pleadings of juvenile defense attorneys and advocates as they defend youth caught in the legal system.
“Not once does the judge or probation officer explain how expensive it’s going to be if you plead guilty without an attorney… The probation officer that said, ‘it’s really expensive to have a lawyer,’ neglected to say ‘it’s really expensive to have a probation officer.’” – NJDC’s Legal Director, Tim Curry on children waiving the…
Access Denied found that “[n]o jurisdiction in the United States wholly fulfills the constitutional promise of justice for children.” So, no matter where you live and practice, your jurisdiction can improve. As juvenile defense advocates, we have a responsibility to identify and work to correct systemic deficiencies and to honor our clients’ dignity and well-being.…
The National Juvenile Defender Center (NJDC), in partnership with our regional juvenile defender centers and other key stakeholders, has embarked on a nationwide strategy to assess access to and quality of juvenile defense afforded to youth in conflict with the law. Because juvenile justice systems are a state and local responsibility, rather than a federal…
NJDC’s expert investigators visited Delaware’s three counties, where they conducted interviews with ODS staff and other juvenile court stakeholders, observed delinquency proceedings, and obtained information and reports from the Delaware Family Courts. Investigators also completed a statutory review of the state’s court rules, laws, and proposed legislation. It was readily apparent that those responsible for…
Disposition orders—commonly understood as sentencing—move children deeper into the juvenile court system. For example, some youth might be confined to secure custody or placed on probation. During the “post-disposition” phase, defenders must represent children at all probation and parole review or modification hearings, advise clients of their legal rights, explain their case options and possible…
The Juvenile Committee of the National Association for Public Defense (NAPD) and the National Juvenile Defender Center (NJDC) have developed a Self-Assessment Tool that is intended to create an opportunity to reflect on practices in your office that you may not have considered before. We hope you will complete this assessment and fairly consider the…
After the disposition (sentencing) phase in juvenile court, a case moves into what may be the longest and most critical phase of the delinquency process—post-disposition. Post-disposition advocacy is vital to safeguard the constitutional rights of adjudicated youth and aid in community reintegration, and it encompasses a broad array of issues that affect adjudicated youth; yet,…
While Missouri stands out for its innovation in providing small, regionalized juvenile corrections programs, an effective juvenile justice system is not built solely upon the corrections options available to youth after they have navigated their way through a complex legal process. An effective juvenile justice system must encompass the foundational elements of fundamental fairness and…
Coloradans have an abiding interest in ensuring that the justice system is not the dumping ground for failing schools, mental health systems, or parents who want the state to control their children. The justice system should be reserved for those youth who must be there. When youth do have the misfortune of coming into contact…
In West Virginia, full-time public defenders work for the Public Defender Corporation, established by W.Va. Code 29-21-1, et seq. By statute, all indigent defense work is to be assigned to public defender offices except for conflicts and case overloads. However, public defender offices exist in only 23 of 55 counties (18 of 31 Judicial Circuits)…
Children have a clearly established constitutional right to the effective assistance of counsel in delinquency cases and juvenile defenders are vital to protect and enforce that right. In addition, skilled juvenile defenders can play an important role in opening doors to positive opportunities and helping children become productive and contributing members of society. As stated…
In 1967, in In re Gault, 387 U.S. 1 (1967), the United States Supreme Court extended the right to counsel to young people accused of crimes, explaining that youth need “the guiding hand of counsel” to respond to the charges leveled against them and to navigate the complicated justice system. This assessment of access to…
The Mississippi assessment of access to counsel and quality of representation in youth court proceedings is part of a national effort to address deficiencies and highlight strengths in juvenile indigent defense practices. Forty years after the United States Supreme Court ruled in In re Gault that children in the delinquency system have a right to…
From the inception of the world’s first juvenile court over 100 years ago, the State of Illinois has long led the way in the creation of a fair and equitable juvenile justice system for children. Illinois has historically been a place where new ideas and strategies that impact children and families have been born, tested…
The information in this report was collected by a team of experts from across the country and Florida, with the guidance of a dedicated advisory board of Florida stakeholders and the support of the Florida Supreme Court, Florida Bar Association, Florida Public Defender’s Association and the elected Public Defenders. Observers traveled to 10 of Florida’s…
This assessment of access to counsel and quality of representation for children in Indiana is part of a nationwide effort to address deficiencies and identify strengths in juvenile indigent defense practices. More than thirty-five years after the United States Supreme Court decided in In re Gault that children have a constitutional right to counsel, the…
In 1995, a national assessment of the legal representation of children in delinquency proceedings was conducted by the American Bar Association (ABA) Juvenile Justice Center, Youth Law Center (YLC) and Juvenile Law Center (JLC). The findings—that indigent juvenile defense was woefully inadequate—were published in A Call for Justice: An Assessment of Access to Counsel and…
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