Partners in Juvenile Defense

National Juvenile Defender CenterEst. 1999 (under ABA until 2005)

www.njdc.info

Executive Director:Patricia Puritz

Dedicated to ensuring excellence in juvenile defense and justice for all

children

Colorado Juvenile Defender CoalitionEst. 2008 (Non-profit in 2010)

www.cjdc.org

Executive Director:Kim Dvorchak

Dedicated to ensuring excellence in juvenile defense and advocacy, and justice

for all children and youth in Colorado

Understanding the Role of the Juvenile Defender

Dependency & Neglect/Child Welfare Cases (JV)-child representation by Guardian ad Litem (GAL)

Juvenile Delinquency Cases (JD)-child representation by Defense Counsel-child may also be represented by GAL

Guardian ad LitemProvided by StatuteBest interest of the childNo attorney-client privilegeCourt Improvement Project(CIP) federal fundingDefense Counsel

Provided by 6th Amend/StatuteExpressed interest of the childAttorney-client privilege appliesNo federal funding to extend CIP to juvenile delinquency court

Colorado AssessmentDeep concern for children does not translate into constitutional due process protections

Significant disparities in access to counsel and quality of representation across the state

Lack of professional relevance, visibility, and professional standards for juvenile defense

Lack of early appointment of counsel, barriers to obtaining counsel, waivers of counsel

Lack of investment in juvenile defense as a specialty practice; treated as a training ground for junior lawyers

18 month project20+ juvenile experts12 counties11 judicial districtsurban/rural/suburbanInterviewed: PD, DA, GAL, ADC, Judges, Probation, SB 94, facility staff

Calendar Year Case

Filed

Juvenile Delinquency Cases Filed

Juvenile Delinquency

Cases Filed With Defense Counsel

% of JD Cases Without Defense Counsel

2012 9,652 5237 45 %2011 10,435 5913 43 %2010 11,698 6851 41 %2009 12,426 7056 43 %2008 14,189 7819 44 %

Children & Families going Pro Se in Juvenile Delinquency Court

What the Data does not show

Core Recommendationsto Recognize the 6th Amendment Right to Counsel for Children and

Elevate the Practice of Juvenile Defense

• Ensure Timely Appointment of Counsel • Restrict Waiver of Counsel• Establish a Presumption of Indigence • Recognize Juvenile Defense as a professional practice

requiring specialized training and expertise• Create a Chief Juvenile Defender position• Adopt Statewide Standards of Juvenile Defense• Ensure Representation at all Critical Stages, including post-

disposition (streamline expungement and S.O. de-registration)• Collect data on appointment and waiver of counsel

Steps Toward Implementation• House Joint Resolution 13-1019 to establish an interim

legislative committee on juvenile defense counsel for children in juvenile delinquency court

• Judicial Outreach and Training Statewide

• Attorney training and the establishment of standards of practice for juvenile defense

• Keep due process concerns elevated in stakeholder

discussions regarding juvenile justice system