Role of Counsel
From the introduction: “This manual was originally created in 2005 to provide defense attorneys in juvenile court with a general guide to appropriate and zealous advocacy on behalf of young people in juvenile court. Since that time, much has changed in juvenile defense, both nationally and here in Georgia. Nationally, the U.S. Supreme Court has…
This affidavit written by Legal Ethicist Abbe Smith outlines the ethical quandaries posed by Florida’s direct file transfer laws and calls into question the legality of such laws based on adolescent development research. The affidavit states in relevant part: “The prosecutorial practice of direct file plea-bargaining without defender/child knowledge of the case’s strengths and weaknesses…
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…
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…
The Kentucky Court of Appeals vacated a young person’s conviction in adult court based on ineffective assistance of counsel during the transfer hearing. Noting transfer as a critical stage in the proceeding and defense counsel’s failure to present any lay or expert witnesses and effectively cross-examine the prosecution’s witnesses, the court concluded that the transfer…
This amicus brief by Center on Wrongful Convictions of Youth, The Gault Center, and others argue a 15-year-old child from South Dakota did not knowingly and intelligently waive her Miranda rights when the police failed to allow her to consult with her mother before interrogation, minimized the importance of the Miranda warnings, and did not…
From the abstract: “Despite the promise of Gideon, providing “the guiding hand of counsel” to indigent defendants remains unmanageable, largely because the nation’s public defender offices are overworked and underfunded. Faced with overwhelming caseloads and inadequate resources, public defenders must engage in triage, deciding which cases deserve attention and which do not. Although scholars have…
Expert Affidavit of Susan L. Burrell on Standards of Competence in the Legal Representation of Youth
Expert Affidavit of Susan L. Burrell for a young person’s case in Colorado claiming ineffective assistance of counsel. The claims included a failure to fulfill basic duties to the client, failure to investigate, failure to retain expert witnesses, and a failure to assure that a plea was voluntary, knowing and intelligent.
An introductory guide to defending an arson case including what to look for in discovery, preparation for an arson invesigation, and myths related to arson forensic science.
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 Loyola Civitas ChildLaw Center, Juvenile Law Center, The Gault Center, and others argues there is a per se conflict of interest when a child’s defense attorney also acts as their guardian ad litem. The brief argues the guardian ad litem’s ethical and legal obligation to act in the child’s “best interest”…
This amici brief by Juvenile Law Center, Rutgers Legal Clinic, The Gault Center, and others argues trial courts retain jurisdiction post-disposition to modify or change dispositional orders that are contrary to the purpose of the juvenile code. Further, the brief argues trial courts must provide oversight to ensure the safety of young people in abusive…
The delinquent act itself is often the primary basis for determining intention and competency of children under 18 in adult or juvenile court. But behaviors result from one or more of a diverse range of factors, each of which has different effects on decision-making. The capacity of juveniles to plan or to stop an action…
The intended audience for this manual is defense attorneys who represent children in delinquency matters and in status offenses; the intended audience includes also disability rights attorneys and other public interest attorneys with an interest in representing children who are enmeshed in the delinquency system. Children strive to be productive and to be accepted. Children…
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