Access to Counsel
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…
On December 14, 2016, the U.S. Department of Justice entered into a settlement agreement with the St. Louis County Family Court to remedy constitutional violations. The settlement agreement covers policies and practices to ensure the due process and equal protection rights of all youth are upheld. This includes early appointment of youth defense counsel, prohibition…
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…
“This pocket edition of the In re Gault opinion provides youth defenders, children’s advocates, and champions of justice with an invaluable tool: the constitutional mandate for the protection of children’s rights. The 1967 U.S. Supreme Court decision forever changed the landscape of youth justice. No longer could judges or probation officers use good intentions as…
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…
On July 31, 2015, the U.S. Department of Justice released its investigation findings into the St. Louis County Family Court, finding due process and equal protection violations. The findings include right to counsel violations by denying constitutionally adequate defense representation, privilege against self-incrimination violations by requiring a child to admit to allegations for diversion, inadequate…
On March 13, 2015, the U.S. Department of Justice filed a Statement of Interest in a lawsuit challenging the deprivation of children’s right to meaningful representation in the Cordele Judicial Circuit of Georgia. In upholding the constitutional necessity of youth defense specialization, the DOJ asserted, “The right to counsel means more than just a lawyer…
This expert affidavit from Dr. Louis Kraus, a child psychiatrist, and chief of child and adolescent psychiatry at Rush University Medical Center, describes the traumatic impacts of indiscriminate shackling on young people in the juvenile legal system. The affidavit highlights how shackling interferes with the purported goals of the juvenile legal system and with a…
This expert affidavit from Dr. Julian Ford, a clinical psychologist and professor of psychiatry at the University of Connecticut School of Medicine, discusses the stigmatizing experience of shackling on young people and the impact it can have on their sense of self and willingness to trust adults and participate as members of their community. Furthermore,…
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,…
Report to Colorado General Assembly on the State of the Youth Defense System in Colorado pursuant to House Join Resolution 13-1019, whose purpose was to “examine and make recommendations on current laws, procedures and practices for the appointment of counsel, advisement of rights and waivers of counsel for children in juvenile delinquency court.” This report…
On August 14, 2013, the U.S. Department of Justice filed a Statement of Interest in a federal lawsuit challenging deprivations of the right to counsel on misdemeanor cases in two cities in Washington. In calling for an independent monitor, the DOJ asserted, “First, a public defender must have the authority to decline appointments over the…
On August 14, 2013, the U.S. Department of Justice filed a Statement of Interest in a federal class action lawsuit on the constructive denial of counsel in criminal proceedings within five counties in New York. The DOJ asserted, “The provision of defense services is a multifaceted and complicated task. To guide the defense function, the…
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…
On December 17, 2012, the U.S. Department of Justice entered into a settlement agreement with Shelby County and the Juvenile Court of Memphis and Shelby County in Tennessee following their investigation into the juvenile court system. The settlement agreement includes remedial measures to align the following practices with the U.S. Constitution: probable cause determinations, notice…
On December 17, 2012, the U.S. Department of Justice entered into a settlement agreement with Shelby County and the Juvenile Court of Memphis and Shelby County in Tennessee following their investigation into the juvenile court system. The settlement agreement includes remedial measures to align the following practices with the U.S. Constitution: probable cause determinations, notice…
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…
This amicus brief by Juvenile Law Center, Children’s Law Center, Inc., The Gault Center, and others argues Ohio should adopt a bright line rule requiring meaningful access to counsel for all young people at the interrogation stage of a delinquency proceeding. Amici argue counsel at interrogation is essential given the developmental and neuroscientific differences between…
This amicus brief by Center on Wrongful Convictions of Youth, Juvenile Law Center, and others argues that a juvenile court adjudication should not be used to enhance a sentence in adult court under Apprendi v. New Jersey, 530 U.S. 466 (2000), because a juvenile court adjudication lacks the same reliability as a criminal conviction, and…
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…
