A Checklist to Assess the Presence of a Constitutional Violation under 34 U.S.C. 12601

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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.

National Youth Defense System Standards User Guide

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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…

A Tale of Two Systems: An Assessment of Access to & Quality of Youth Defense Counsel in Utah

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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…

Equitable Defense: Holistic Defense for Court-Appointed Counsel Cases

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This position paper reviews the research on disparities in justice system outcomes based on whether a person is represented by a public defender or by court-appointed private counsel finding that court-appointed counsel achieve less favorable outcomes due largely to differences in compensation and resources available to them. The paper also reviews the literature on the…

Memorandum of Agreement Regarding the Juvenile Court of Memphis and Shelby County

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Gideon at Sixty: Advancing the Right to Counsel for Kids in Cuyahoga County

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The Wren Collective (2023). This independent report by the Wren Collective examines youth defense appointment practices in Cuyahoga County, Ohio, and finds that juvenile court judges are routinely assigning private attorneys over public defenders to represent youth in juvenile court. Specifically, the public defender’s office was appointed to 25% of the juvenile delinquency cases in…

National Youth Defense System Standards

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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.

Joint Statement on the Importance of Specialization of Judges, Prosecutors, and Defenders in Juvenile Delinquency Proceedings

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SMART on Juvenile Indigent Defense

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Broken Contracts: Contract Counsel Toolkit

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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.

Broken Contracts: Reimagining High-Quality Representation of Youth in Contract and Appointed Counsel Systems

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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…

Diez Principios Fundamentales: Para Prestar Representación Legal de Alta Calidad a Delincuentes Juveniles Dentro Del Sistema de Defensores Públicos

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Los Diez Principios Fundamentales Para Prestar Representación Legal de Alta Cali dad a Delincuentes Juveniles dentro del Sistema de Defensores Públicos provee el criterio para implementar al sistema de defensores públicos la decisión de la corte en el caso In re Gault. Estos Principios son una guía para que los directores de las oficinas de…

Defend Children Executive Summary: A Blueprint for Effective Juvenile Defender Services

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An infographic outlining steps towards a more effective juvenile defense system.

Frequently Asked Questions: The Role of Juvenile Defense Counsel

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Infographic covering frequently asked questions about the role of youth defenders.

Standards for Counsel Representing Individuals Pursuant to the Montana Public Defender Act (2012)

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Resolution by the Colorado Juvenile Justice and Delinquency Prevention Advisory Council Endorsing Specialization in Juvenile Court Practice

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Juvenile Defense Law School Clinics: Building Leaders, Client Capacity, and Innovation

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Youth involved in delinquency proceedings are constitutionally entitled to have highly competent lawyers represent them at every critical stage of the case. To provide this high-level representation, defense attorneys who work in juvenile court should receive specialized training: they should be familiar with the juvenile court process and the role of the juvenile defender, the…

Issue Brief-Specialized Training: Advancing the Ethical and Professional Representation of Youth

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There is an immediate and predominant need for specialized training in juvenile defense: training is both the foundation and the gateway to comprehensive advocacy by juvenile defenders, and it is key to ensuring that youths’ constitutionally mandated due process rights are protected. To be effective and zealous advocates, juvenile defenders must develop a set of…

Issue Brief-Juvenile Defense Standards: A Framework for the Specialized Representation of Youth

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The Supreme Court’s 1967 ruling in In re Gault established the right for all children to have counsel in delinquency proceedings, but the nature of that right has often been unclear or misunderstood, even by some juvenile defenders charged with protecting the liberty and interests of their young clients. Juvenile defense standards provide juvenile defenders…

Performance Guidelines for Quality and Effective Juvenile Delinquency Representation (2010)

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Testimony of Tim Curry, Managing Attorney, National Juvenile Defender Center on Access to Justice in the United States

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The Legal Defense of Juveniles: Struggling but Pushing Forward

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Juvenile Defense Attorneys: A Critical Protection Against Injustice-The Importance of Skilled Juvenile Defenders to Upholding the Due Process Rights of Youth

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The defender’s unique challenge is to be the advocate—the voice—of the child. To meet this challenge, and to be able to offer the court the expressed interests of the child, the juvenile defender must master a diverse set of skills to uphold core ethical obligations and to help clients navigate the complexities of the justice…

United States Department of Justice Investigation of the Shelby County Juvenile Court

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Ten Core Principles For Providing Quality Delinquency Representation Through Public Defense Delivery Systems

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The Ten Core Principles for Providing Quality Delinquency Representation through Public Defense Delivery Systems provide criteria by which a public defense delivery system may fully implement the holding of In re Gault. These Principles offer guidance to public defense leaders and policymakers regarding the role of public defenders, contract attorneys, or assigned counsel in delivering…