NCJ Number
204538
Date Published
Agencies
OJJDP-Sponsored
Publication Type
Grant
Award
Annotation
This study assessed access to legal counsel and the quality of
legal representation for juveniles in delinquency proceedings in
North Carolina.
Abstract
A team of national and State experts in juvenile justice
conducted extensive interviews and meetings with judges,
prosecutors, defense attorneys, court counselors,
detention-center staff, juveniles and their families,
policymakers, and bar association leaders. The teams observed
juvenile court proceedings in 11 selected counties and conducted
an extensive literature review. Surveys were mailed to all
district court judges and chief court counselors throughout the
States, as well as to more than 200 public defenders and private
attorneys who represent juveniles. The study found inconsistency
in the reliability and quality of legal representation within and
across counties. This was believed by the study teams to be the
result of an absence of accountability or practice standards,
inadequate training for defense counsel, and a misunderstanding
of the role of defense counsel in juvenile proceedings. Due to
the lack of resources available to public defenders in juvenile
cases, as well as a lack of access to investigative findings,
plea agreements are often the most appropriate resolution that
can be achieved; and these agreements tend to reflect weak
negotiating positions of the defense counsel. Other deficiencies
found pertained to a lack of motions practice, detention
advocacy, advocacy at adjudication, and disposition advocacy.
Other significant issues identified were few notices of appeal
entered, no postdispositional advocacy, clients with mental
health needs, disproportionate minority representation in the
juvenile justice system, a high number of case referrals from
schools, confusion about the role of counsel, and the appropriate
role of parents in case processing. Fifteen recommendations are
offered for addressing these impediments to the effective legal
representation and advocacy for juveniles. These include a
recommendation for the development of specialized guidelines for
the representation of juveniles that address minimum attorney
qualifications and expectations for attorney preparation, case
investigation, and attorney-client contact. Such guidelines
should also clarify the appropriate role of defense counsel at
various stages in juvenile proceedings. Appended IJA/ABA juvenile
justice standards relating to counsel for private parties and 139
notes
Date Created: October 17, 2017