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Date: November 25, 2024 Mon
Time: 8:04 pm
Time: 8:04 pm
Results for defense council
1 results foundAuthor: Powell, Amanda Title: Bringing Gault Home: An Assessment of Access to and Quality of Juvenile Defense Council Summary: The Court outlined the vital role of counsel for children: "to cope with problems of law, to make skilled inquiry into the facts, to insist upon regularity of the proceedings, and to ascertain whether (the child) has a defense and to prepare and submit it.:" In short, the Court found that children need "the guiding hand of counsel at every step in the proceedings against (them).” But, to this day, "though every state has a basic structure to provide attorneys for children, few states or territories adequately satisfy access to counsel for young people." This Assessment of access to counsel and quality of representation for Arizona's youth is part of a nationwide effort to provide comprehensive information about defense counsel in delinquency proceedings. Over the last two decades, the National Juvenile Defender Center (NJDC) has evaluated juvenile defense delivery systems in 24 states. The purpose of a state assessment is to provide policymakers, legislators, defense leadership, and other stakeholders with a comprehensive understanding of children's access to counsel in the state; to identify structural and systemic barriers that impede effective representation of children; to highlight best practices where found; and to make recommendations that will serve as a guide for improving juvenile defender services for children in the state. Among the most pressing needs relayed to assessment investigators in Arizona was the need for specialized representation for children. In response to investigators' questions about what could improve juvenile defense, one juvenile defender responded: "What I would like to see, what we don't have, is a specialization. While other states have juvenile specialization, Arizona does not. Arizona has specialization for family law, bankruptcy, and other obscure areas of the law, but not juvenile delinquency. I would like to pursue that if it ever came about." Just as courts have long recognized that children are different from adults and deserve special protections when facing the prospect of prosecution, the legal profession has come to recognize that juvenile defense is a highly specialized area of practice. In many places across the country, "juvenile defense specialization" means there are systems in place to encourage and support attorneys to devote their practice exclusively to the representation of children facing delinquency or criminal prosecution. Where practicable, this is the gold standard. But, even where exclusive practice is not possible, juvenile defense should be recognized as an area of legal practice requiring expertise. As in the defense of an adult, a juvenile defender is charged with presenting the voice of the client and representing their stated interests throughout the case. In order to fulfill this role, a juvenile defender must understand child and adolescent development, be able to evaluate a client's maturity and competency, and be able to communicate effectively not only with young clients, but also with parents and guardians without compromising their ethical duties to the child. Juvenile defenders must become versed in the specialized arguments critical to effective representation in the unique stages of juvenile court, and be informed as to the complexities that arise in mental health and special education settings and how they might impact the course of a delinquency case. Juvenile defenders must also inform the client of all collateral consequences of a delinquency adjudication, and be knowledgeable of community based programs for young people. Although some defenders in Arizona have been able to exclusively practice in juvenile delinquency court, many divide their time between juvenile and adult criminal dockets, or between juvenile delinquency and dependency dockets. Another area of concern is the need for statewide standards of representation of children facing delinquency prosecution. Juvenile defenders in a few jurisdictions reported that they or their offices informally or formally aspire to adhere to the National Juvenile Defense Standards or American Bar Association (ABA) Standards of representing youth in delinquency proceedings, but that there are no statewide standards in place. Many stakeholders - including defenders and judges -mentioned to investigators that Arizona Juvenile Court Rule 40.1 ("Duties and Responsibilities of Appointed Counsel and Guardians Ad Litem") sets forth the ethical and practical duties, as well as minimum training requirements, for attorneys and guardians ad litem who are appointed to represent children in dependency cases. Some suggested the rule should be expanded to include delinquency representation; others explained to investigators the need for a separate, similar rule to codify and clarify the unique role of the juvenile delinquency defender. This Assessment revealed that Arizona has no statutorily required or recommended training guidelines or standards for attorneys representing youth in delinquency proceedings. While investigators found that funds exist for juvenile defender training in some areas of the state, most stakeholders and defenders relayed that more specialized training is needed so that juvenile defenders can better advocate for their clients. In addition to juvenile defenders, many county attorneys and jurists admitted to being "self-taught" in the intricacies of juvenile court, and most believed that juvenile-specific training for all stakeholders would improve the system dramatically. Arizona is a large state geographically, but with only 15 counties, a transformation of the defense system for children is well within reach. With a renewed commitment to implementing the full panoply of rights established by Gault, including the right to the ardent representation by counsel for children, Arizona can realize the guarantees of justice and fairness for its youth. In the state that incubated the Supreme Court's declaration of youth rights in Gault, every young person facing the legal system should be defended by an attorney who thoroughly prepares their defense, aggressively investigates their case, and advocates for their expressed interests through regular motions practice and use of experts. Arizona youth should experience the full protections of due process any time they touch the legal system. The legacy of Gault demands it. Details: Washington, DC: National Juvenile Defender Center, 2018. 99p. Source: Internet Resource: Accessed November 25, 2018 at: http://njdc.info/wp-content/uploads/2018/09/Arizona-Assessment-NJDC.pdf Year: 2018 Country: United States URL: http://njdc.info/wp-content/uploads/2018/09/Arizona-Assessment-NJDC.pdf Shelf Number: 153533 Keywords: Arizona Juvenile CourtDefense CouncilGaultJuvenile CourtJuvenile DefenseJuvenile JusticeNational Juvenile Defense StandardsPublic DefenderYouth Court |