Access to Counsel
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…
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.
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.
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…
An infographic outlining steps towards a more effective juvenile defense system.
The Snapshot is based on a state-by-state analysis of the statutes that govern children’s access to counsel and interviews with juvenile defenders about how statutes and court rules translate into practice. The interviews were conducted with attorneys in urban and rural areas to explore differences in practices and resources. In total, 70 interviews were completed…
An introduction to the role and obligations of the juvenile defender at disposition in juvenile court.
Fifty years ago, the United States Supreme Court said that children have fundamental rights in America’s courtrooms. In the nearly five decades since then, the promise of Gault has not been realized. It is time to fulfill that promise. Justice demands that all children in juvenile court have meaningful access to qualified counsel.
Every jurisdiction is different and has different resources and laws governing whether children have access to counsel and at what stage in the proceedings. The recommendations that follow may be more difficult to implement in some jurisdictions than others. It is hoped that to the extent the recommendations cannot be fully implemented within your jurisdiction,…
Quality legal representation informed by social science research and best practices is integral to ensuring the fair administration of justice in the juvenile delinquency system. The importance of a youth’s access to knowledgeable, well-resourced juvenile indigent defense counsel cannot be overstated. The prevalence of lowbid, flat-fee contracting schemes for court-appointed and contract juvenile indigent defense…
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.
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