Gault Center Publications
The Principles that follow are developed to describe the unique and critical role juvenile defense attorneys play in juvenile proceedings. Hundreds of interviews with juvenile justice system stakeholders reveal that the juvenile defense attorney’s role is perceived differently by different courtroom actors.
This pocket edition of the In re Gault opinion provides juvenile defenders, children’s advocates, and champions of justice with an invaluable tool: the constitutional mandate for the protection of children’s rights.
Creates a case for holding states liable for abdicating their duty to ensure that all children have zealous representation.
School-based arrests have long made up a substantial number of cases in the juvenile legal system. As a result, youth defenders often represent clients who have been seized, searched, or interrogated on school grounds. This guide provides a general overview of the law governing school seizures, searches, and interrogations and practice tips for challenging evidence…
Young people and their families are routinely assessed fees, fines, and other costs in delinquency matters. These financial assessments are often ordered without an ability-to-pay analysis by the court. A young person’s inability to pay can lead to long-lasting consequences, increased recidivism, and youth and their families having to choose between paying fees or buying…
The goal of this guide is to give you helpful information about how your juvenile record might impact you as you move forward in your life. If you have ever been arrested under the age of 18, the police and court may create a file about your case, which is part of your “juvenile record.”…
Provides a framework for developing effective youth defense systems.
When the Gault Center launched the Campaign Against Indiscriminate Juvenile Shackling in 2014, only 13 states had legislation, court rules, or caselaw limiting indiscriminate shackling in juvenile court. Today, 39 states, DC, and Puerto Rico limit or prohibit the indiscriminate shackling of children, while just 11 states do not. Feedback from people in jurisdictions that…
In 2014, only 13 states had legislation, court rules, or caselaw limiting indiscriminate shackling in juvenile court. Today, 39 states, DC, and Puerto Rico limit or prohibit the indiscriminate shackling of children, while just 11 states do not. This one-pager highlights the progress made across the country from 2014-2024 and the harms of indiscriminate shackling.
The Gault Ctr. (October 2023). This resource provides an overview of the constitutional and federal laws that are implicated when young people are placed in juvenile or adult facilities and includes concrete examples of common violations. This resource offers an introduction for youth defenders on how to spot federal and constitutional violations based on conditions…
Limited Justice: An Assessment of Access to and Quality of Juvenile Defense Counsel in Kansas (2020)
This assessment of access to counsel and quality of representation for Kansas youth is part of a nationwide effort to systematically review and provide information about the provision of defense counsel in delinquency proceedings. The purpose of a state assessment is to provide policymakers, legislators, defense leadership, and other stakeholders with a thorough understanding of…
The purpose of a state assessment is to provide policymakers, legislators, defense leadership, and other stakeholders with a thorough understanding of children’s access to counsel in the state, to identify structural and systemic barriers that impede effective representation of children, to analyze how fee and cost structures inhibit young people’s access to justice, to highlight…
This assessment of access to counsel and quality of representation for New Hampshire’s youth is part of a nationwide effort to systematically review and provide information about the provision of defense counsel in delinquency proceedings. The purpose of a state assessment is to provide policymakers, legislators, defense leadership, and other stakeholders with a thorough understanding…
This assessment report provides an overview of Michigan’s system of juvenile defense. It examines the extent to which youth in delinquency court are provided with well-qualified and effective counsel at all critical stages and addresses systemic barriers that may impede effective representation and hamper due process and equal protection of the law. It measures structure,…
This brief highlights the United States Supreme Court’s most important language in landmark cases about young people’s rights. These quotes can be used to bolster the arguments and pleadings of juvenile defense attorneys and advocates as they defend youth caught in the legal system.
Youth facing time in both secure and non-secure facilities need vigilant advocates who can monitor the conditions of these facilities, and can either prevent the young person’s placement, limit the young person’s length of time in placement, and/or intervene on the young person’s behalf while they are at the placement. Juvenile defenders are ethically bound…
Access Denied found that “[n]o jurisdiction in the United States wholly fulfills the constitutional promise of justice for children.” So, no matter where you live and practice, your jurisdiction can improve. As juvenile defense advocates, we have a responsibility to identify and work to correct systemic deficiencies and to honor our clients’ dignity and well-being.…
The National Juvenile Defender Center (NJDC), in partnership with our regional juvenile defender centers and other key stakeholders, has embarked on a nationwide strategy to assess access to and quality of juvenile defense afforded to youth in conflict with the law. Because juvenile justice systems are a state and local responsibility, rather than a federal…
Heavy workloads and the culture in many courts can make it difficult for juvenile defenders to stay connected to clients post-disposition. Even after disposition in juvenile court, young people face legal issues that affect — and often threaten — their liberty, their safety, their due process and civil rights, and their access to future opportunities.…
An infographic outlining strategies for post-disposition advocacy.
NJDC’s expert investigators visited Delaware’s three counties, where they conducted interviews with ODS staff and other juvenile court stakeholders, observed delinquency proceedings, and obtained information and reports from the Delaware Family Courts. Investigators also completed a statutory review of the state’s court rules, laws, and proposed legislation. It was readily apparent that those responsible for…
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…
A one-page infographic on juvenile appeal rates.
The Juvenile Committee of the National Association for Public Defense (NAPD) and the National Juvenile Defender Center (NJDC) have developed a Self-Assessment Tool that is intended to create an opportunity to reflect on practices in your office that you may not have considered before. We hope you will complete this assessment and fairly consider the…