California Law Sets Attorney Standards in Juvenile Cases

A little over a year ago, Governor Jerry Brown signed a measure into law which amended the Welfare and Institutions Code as it relates to juveniles. Individuals under 18 who commit a crime fall under the jurisdiction of the juvenile courts, rather than the criminal courts, and have the right to an attorney. Under the previous law, after a minor commits a crime, he or she can be adjudged to be a ward of the court. The amendment requires that an attorney appointed to represent a juvenile defendant in such a proceeding have sufficient contact with the minor to establish and maintain a professional attorney-client relationship.

Ward of the Court

A minor under the age of 18 years can be declared a ward of the court when he or she:

• Persistently or habitually refuses to obey the reasonable and proper order or directions of his or her parents, guardian, or custodian; and
• Violates any ordinance of a city or county of the state.

When a juvenile has been declared a ward of the court by a judge, the court takes over primary responsibility for the control and treatment of the minor until he or she reaches the age of majority.

Attorney Requirements

The new law requires the Judicial Council, in collaboration with child development experts, to formulate and adopt rules of court establishing minimum requirements for attorneys appointed in juvenile delinquency matters.

Generally, the law requires that defense attorneys representing juveniles:

• Provide responsible advocacy and make informed, rational decisions based on effective investigation and preparation;
• Offer representation based on the client’s wishes and interests, while maintaining a confidential relationship with the child;
• Meet with the child before to each court appearance hearing, and have enough contact with the child to create and foster maintain a meaningful and appropriate attorney-client affiliation that extends beyond a court’s ruling and
• When appropriate, consult with educators, mental health professionals, and other specialists who can assist in the preparation of the minor’s case, and, when needed, seek court appointment of such experts.

In order to achieve this, the law requires that the rules adopted by the Council must include an establishment of minimum hours of training and education. Training areas should include:

• Juvenile law and procedure;
• Child development;
• Special education;
• Child-related mental health issues;
• Counsel’s ethical duties;
• Advocacy in post-dispositional phases;
• Appellate issues;
• The consequences of court involvement for a child; and
• Securing effective rehabilitative resources.
• It is extremely important to have an experienced lawyer represent your child at every stage of the juvenile justice process. If your child has been charged with a criminal offense, please contact skilled San Jose criminal defense attorney Wesley Schroeder for a free consultation.Sources:http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB703

  http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_0701-0750/ab_703_cfa_20150608_113155_sen_comm.html