Quality of Representation
“Being found in violation of probation has dire consequences. The person found in violation can be imprisoned, upending them from their job, family, and community. Unlike incarceration after a criminal trial, a sentence after a violation of probation is not the result of a legal process characterized by robust due process protections. It is also…
The Supreme Court of Massachusetts held that a transfer hearing is a “critical stage of the criminal process” that requires effective assistance of counsel under the 6th Amendment of the U.S. Constitution. The Court held that defense counsel’s failure to present evidence on youthfulness, developmental maturity, and rehabilitation prevented the judge from considering factors critical…
The Minnesota Court of Appeals reversed a restitution order on a juvenile delinquency case based on a finding that the youth was deprived of their right to effective assistance of counsel. The Court stated in relevant part: “Finally, K.A.A. contends that her right to effective assistance of counsel was violated in the restitution proceeding. Juvenile-delinquency…
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,…
This resource from Lambda Legal and the American Bar Association Children’s Rights Litigation Committee gives attorneys an overview on how to approach client interviewing and relationship building in a respectful and trauma-informed way. The page discusses the importance of identity for young people’s well being and on their legal cases. It also reviews basic interview…
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 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…
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.
This checklist can be used to assess the presence of constitutional violations throughout the course of a client’s case. Please refer to the National Youth Defense Systems Standards and their accompanying User Guide for litigation strategies to challenge potential constitutional violations noted in this checklist.
This User Guide provides advocates with a step-by-step outline of how to actualize the vision of the National Youth Defense System Standards to equip and invest in youth defense teams to fight for the liberation of all youth.The User Guide outlines constitutional rights detailed in the System Standards, provides a checklist to assess the presence…
Appeal from the Circuit Court of Pemiscot County, Division I Thirty-Fourth Judicial Circuit, Pemiscot County No. 18PE-JU00022 The Honorable W. Keith Currie, Judge
The Utah assessment is the 29th statewide assessment of youth defense delivery systems the Gault Center has conducted. These assessments gather information and data about the structure and funding of defense systems and examine whether youth receive counsel at all critical stages, the timing of appointments, waiver of counsel, youth defense resource allocation, supervision and…
Outlines steps that states must take to comply with the minimum requirements of the U.S. Constitution to protect the rights of youth facing deprivations of liberty.
As juvenile defense system stakeholders consider creating or reforming their contract counsel system, it is important to start with a full understanding of the contracting process and system. The considerations and recommendations provided within this publication may need to be modified for the specifics of your jurisdiction.
Young people facing delinquency charges need and deserve full access to high-quality, zealous defense representation, regardless of where they live. Even in counties with public defenders, at least some of the attorneys appointed to represent youth in delinquency court are engaged through a contract or other court-appointment system. It is, therefore, imperative that policymakers, defense…
Models for Change is an effort to create successful and replicable models of juvenile justice reform through targeted investments in key states, with core support from the John D. and Catherine T. MacArthur Foundation. Models for Change seeks to accelerate the progress toward a more efficient, fair, and developmentally sound juvenile justice system that holds…
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…
