Counsel for Juveniles

[marcus_sez_vote]

Hey lawyer folks! What do you think of this story? I wonder why only Illinois, New Mexico and North Carolina require juveniles to have representation when they appear before judges. Would requiring juveniles in other states to have representation overwhelm the system? Not enough public defenders? Do juveniles get better deals generally when

Comments

[bicoastal]

So, I work in the San Francisco Office of the Public Defender, in the juvenile unit. Here every minor accused gets either a public defender or what is called "conflicts counsel" - private defenders who handle the youth whose representation creates a conflict of interest for our office. We have 8 lawyers, two investigators and four social workers/youth advocates. It in no way overwhelms the system, though there's some political brouhaha over our budget right now.

I think its outrageous that not every kid gets a lawyer in other places. Having dealt with my own clients, they will often do things not in their best future interest in a desperate attempt to get home sooner, if not advised wisely by a lawyer. In no way can any person unsophisticated in terms of the law and the system get themselves a better deal than a committed lawyer acting in their defense. Even if they could, that leaves far too much to the whim of the judge - as you see here. The criminal justice system is adversarial for a reason.

And our lawyers are really, really committed. I can't speak for other defender offices, but my experience here is that we have crack attorneys who willingly forgo more lucrative jobs because they believe in the work. It's amazing to watch them go toe-to-toe with the DAs. They keep me very busy :)

[bicoastal]

I mean, dear god. How the hell can a minor representing himself serve subpoenas to compel witnesses to court? Or subpoena the phone records, video surveillance footage, etc. that may exonerate them? Or know the law in and out so that they can prove that the police search was unlawful, or that Miranda wasn't properly invoked, or that the actual actions do not meet the definition of the crime? It's shocking.

[marcus_sez_vote]

I ought to look into it more closely. The article could be incorrect about the states...though perhaps it's more a decision made by district/city/county? Sounds like San Francisco is committed to this, but I would not be surprised if other areas were less concerned...or more overwhelmed with crimes they deem a "higher priority".

Be well.

[hilariarex]

I'm also going to go out on a limb and say that nobody really gets a better deal when they waive the right to counsel.

[marcus_sez_vote]

Sure let's the detectives and police close the case faster! Oh yeah!

Be well.

[bicoastal]

Yeah, the "perverse situation" is hideously perverse. Thanks for explaining it - knowing the practice but less of the theory, I'm in a bad place to describe it.

[marcus_sez_vote]

Very informative. Thanks.

Be well.