Children’s Law Center, Inc. et al. Amicus Brief, In re: D.M.

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 hearing in cases facing transfer to adult court. Further, the brief argues the 6th Amendment requires effective and zealous representation for young people at transfer proceedings including demanding and reviewing discovery.

The amici argue in their brief: “”The determination of whether to transfer a child from the statutory structure of the Juvenile Court to the criminal proces[s] * * * is ‘critically important.”‘ Kent v. United States, 383 U.S. 541, 562, 86 S.Ct. 1045, 16 L.Ed.2d 84 (1966). Because transfer of youth to the adult criminal system can result in harsh consequences, including “adult criminal sanctions and the label `felon,’ any hearing to transfer a youth to adult court “must measure up to the essentials of due process and fair treatment.” In re D. W., 133 Ohio St.3d 434, 2012-Ohio-4544, 978 N.E.2d 894 ¶ 12, quoting Kent at 560 and citing Pee v. United States, 274 F.2d 556, 559 (D.C.Cir. 1959). Due process protections are implicit in Juv.R. 24, which applies to all juvenile court cases, including transfer proceedings. In order to ensure that a child’s right to due process is adequately protected during transfer proceedings, the State must provide full discovery at the probable cause hearing.”