A Child’s Right to Counsel: Juvenile Public Defenders

Author

Jesse Kelley
Former Manager, Government Affairs; Manager, Criminal Justice & Civil Liberties

Key Points

Juvenile public defenders are overworked and underpaid, but with additional training and shifts in the way we treat youth in the juvenile court system, this flawed system can be measurably improved and can help justice-involved youth.

Videoconferencing is a terrific use of technology to continue some communications, but public defenders must be cautious to ensure their clients maintain the right to private counsel. With third-party videoconferencing vendors, third-party access might affect attorney-client privilege.

Pre-arrest diversion is a key tool to not only provide better outcomes for justice-involved youth but also ensure more holistic access to counsel since juvenile public defenders caseloads will ultimately decrease. Also, keeping youth out of the justice system will ensure they are spared from the negative impacts of an arrest record.


Press Release

An Investment in Juvenile Public Defenders Protects All of Our Children

Introduction

Juvenile public defenders represent youth charged with crimes through the juvenile court system. Each state has a process to provide access to counsel for allegedly delinquent youth who are unable to pay for a hired private defense attorney. Indigent defense provides juveniles with the constitutionally mandated access to counsel, even if they cannot afford it. Court-appointed lawyers who work on delinquency matters in the juvenile justice f ield can be labeled as juvenile public defenders, indigent criminal defense attorneys, or contract or “panel” attorneys. While often interchanged, the key difference is that public defenders are part of an organized, professional office while contract attorneys are independent practitioners and usually have their own private firm.

Enormous responsibility falls on each of these attorneys to diligently represent their young clients, but often these professionals are not adequately supported by the state. Supporting juvenile public defenders is necessary to ensure that justice and equitable outcomes are experienced by all young people in the juvenile court system. This policy study intends to highlight the many perils currently facing juvenile public defenders, how those disadvantages impact youth, what obstacles COVID-19 added and what solutions states can undertake to ensure that young people facing delinquency have the best resources available.

Read the full study here.

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