Key Studies

A Call for Justice: An Assessment of Access to Counsel and Quality of Representation in Delinquency Proceedings. American Bar Association Juvenile Justice Center, Youth Law Center, and Juvenile Law Center. Available online: http://www.abanet.org/crimjust/juvjus/cfj.html

Summary: This national assessment was the first major report to examine the accessibility and quality of legal representation for children across the country. The report found that children were poorly represented and without counsel in some jurisdictions. The findings indicated the impact of high caseloads presented the biggest barrier to effective representation. Youth waiving their right to counsel, poor pretrial preparation and trial performance by attorneys, inadequate representation at dispositions and infrequency of appeals taken in juvenile cases, and lack of training and support services available to juvenile defenders were other problems in representation of youth.

Summary: This report showed that Louisiana's juvenile defense system fails to provide effective representation. The report found a high number of youth waived counsel, with estimates of between 80% and 95% proceeding without representation in some jurisdictions. The report also revealed extremely high caseloads and a serious lack of effective advocacy for youth, with up to 90% of cases in some jurisdictions being resolved solely by guilty pleas. Lack of adequate funding, no uniform family court system, and over-reliance on probation officers were other barriers to effective representation. The report recommended reforms in establishing independent oversight and monitoring of the juvenile defense system to ensure greater accountability; increasing the number and quality of community-based treatment alternatives that both provide effective rehabilitation and hold youth accountable; and exploring nationally recognized defense advocacy programs and incorporating effective elements of best practices into local defense practices.

Summary: This follow-up report found some improvements in the quality of representation for youth in Kentucky, since the last report in 1996 assessing the state's failing juvenile justice system. The findings showed progress in more funding for expansion of indigent juvenile defense services and legislation requiring appointment of counsel for youth. However, the problem of disproportionate minority confinement, increased arrest rate of girls and inadequate representation of youth need continued work. Further reforms in reducing caseloads, increasing resources, providing counsel at early stages, and collaborating among state and local agencies to address issues in Kentucky's juvenile justice were recommended.

Summary: The Georgia report found that many poor youth face charges in juvenile court with counsel or appropriate treatment and sentencing options. In some courts as many as 90% of children waive counsel, often at the advice of probation officers and judges. The report highlighted such problems to effective representation as excessive caseloads; minimal representation; lack of legal counsel; and few sentencing options for youth with mental health or drug abuse problems. Recommendations from the report included establishing a statewide public defender program; appointing lawyers as early as possible in all juvenile cases; developing statewide guidelines and minimum practice standards for competent representation; and establishing oversight and monitoring of the juvenile indigent defense system.

Summary: The Virginia report showed that the juvenile justice system is lacking in quality representation of youth. In particular, youth of color and those with mental illness are receiving little or no counsel. The report found such barriers to effective representation as delayed appointment of counsel, lack of resources, low attorney compensation, and untrained and inexperienced lawyers. The report recommended legislative activity around early appointment of counsel, unwaivable right to counsel, and creation of a statewide juvenile defender system staffed by public defenders with training and expertise. Other reforms included addressing the increase in mental health and school-related referrals to juvenile court; monitoring and oversight of the juvenile indigent defense system; and developing statewide guidelines and minimum practice standards.

Summary: The Ohio report found that large numbers of youth waive their right to counsel, even during the most critical stages of the proceedings. Further, the effectiveness of the representation they are receiving is hampered by a number of institutional barriers. The report also showed that critical issues such as mental health, special needs of female offenders, and lack of prevention and alternative programming are not being adequately addressed by counsel. Recommendations included developing a system whereby all children are represented; appointing counsel at the earliest stage; increasing funding and resources of public defender programs; and training and accountability of indigent defense counsel.