Standards
This amicus brief prepared by Children’s Law Center, Inc., the Office of the Ohio Public Defender, The Gault Center, and others argues that due process and fundamental fairness, pursuant to the 5th Amendment, the 14th Amendment and Ohio law, require the state to provide full discovery to a young person prior to a probable cause…
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…
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.
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…
This amicus brief by The Gault Center and others argues Nevada’s certification statute violates a child’s right to effective assistance of counsel as it interferes with counsel’s ability to plan and participate in the adversarial fact-finding process and it fails to measure up to essentials of due process and fair treatment. Furthermore, amici argue this…
This amicus brief by Southern Poverty Law Center, The Gault Center, and others argues Sherri Jefferson, a youth defense attorney in Georgia, must have her contempt conviction overturned after she professionally and zealously advocated on behalf of her young client in an adjudication in juvenile court. Amici argue the Supreme Court clearly held that children…
From the Conclusion: “For too long, LGBT young people in the child welfare and juvenile justice systems have been overlooked, ignored and mistreated. Because of the hard work of hundreds of advocates who have come together through coordinated national efforts, a cultural shift has begun. These advocates are creating effective nondiscrimination policies, best practices guidelines,…
From the introduction: “Building Blocks for Youth, a national initiative to promote a fair and effective youth justice system, commissioned this report to determine whether it is possible to reduce the number of youth in secure detention and place young people who have gotten in trouble with the law in community programs, without incurring an…
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