D. Counsel AppointmentStandards in this section address the following issues:
Compare standards in Compendium Volume I, "Standards on the Administration of Defense Services," pages B1-B17 and D1-D7.
Commentary. These standards implement the principle that counsel in juvenile proceedings is essential, as set forth above (page B2). See also Compendium Volume I, "Standards on the Administration of Defense Services," pages D2-D6.
ABA Juvenile Justice Standards Relating to Counsel for Private Parties
2.3 Types of proceedings
A. Delinquency…proceedings.
(i) Counsel should be provided for any juvenile subject to delinquency….
ABA Juvenile Justice Standards Relating to the Juvenile Probation Function(ii) Legal representation should also be provided the juvenile in all proceedings arising from or related to a delinquency…., including mental competency, transfer, postdisposition, probation revocation, and classification, institutional transfer, disciplinary or other administrative proceedings related to the treatment process which may substantially affect the juvenile's custody, status or course of treatment. The nature of the forum and the formal classification of the proceeding is irrelevant for this purpose.
2.13 Juvenile's right to counsel at intake
A juvenile should have an unwaivable right to the assistance of counsel at intake:
A. in connection with any questioning by intake personnel at an intake interview involving questioning in accordance with Standard 2.14 or other questioning by intake personnel, and
B. in connection with any discussions or negotiations regarding a nonjudicial disposition, including discussions and negotiations in the course of a dispositional conference in accordance with Standard 2.14.
ABA Juvenile Justice Standards Relating to Transfer Between Courts
2.3 The hearing
A. The juvenile should be represented by counsel at the waiver hearing. The clerk of the juvenile court should give written notice to the juvenile, multilingual if appropriate, of this requirement at least [five] court days before commencement of the waiver hearing.
B. The juvenile court should appoint counsel to represent any juvenile unable to afford representation by counsel at the waiver hearing. The clerk of the juvenile court should give written notice to the juvenile, multilingual if appropriate, of this right at least [five] court days before commencement of the waiver hearing.
Commentary. See also the relevant standards set forth in Compendium Volume I, "Standards on the Administration of Defense Services," pages B2-B5 and D2-D4.
ABA Juvenile Justice Standards Relating to Counsel for Private Parties
2.4 Stages of proceedings
A. Initial provision of counsel.
(i) When a juvenile is taken into custody, placed in detention or made subject to an intake process, the authorities taking such action have the responsibility promptly to notify the juvenile's lawyer, if there is one, or advise the juvenile with respect to the availability of legal counsel.
ABA Juvenile Justice Standards Relating to Pretrial Proceedings(ii) In administrative or judicial postdispositional proceedings which may affect the juvenile's custody, status or course of treatment, counsel should be available at the earliest stage of the decisional process, whether the respondent is present or not. Notification of counsel and, where necessary, provision of counsel in such proceedings is the responsibility of the judicial or administrative agency.
2.2 Initial appearance
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C. At the initial appearance, counsel should be appointed if necessary, and a date should be set for the fact-finding hearing.
Commentary. See comparable provisions in Compendium Volume I, "Administration of Defense Services," page B6.
ABA Juvenile Justice Standards Relating to Counsel for Private Parties
2.4 Stages of proceedings
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B. Duration of representation and withdrawal of counsel.
(i) Lawyers initially retained or appointed should continue their representation through all stages of the proceeding, unless geographical or other compelling factors make continued participation impracticable.
ABA Juvenile Justice Standards Relating to Monitoring(ii) Once appointed or retained, counsel should not request leave to withdraw unless compelled by serious illness or other incapacity, or unless contemporaneous or announced future conduct of the client is such as seriously to compromise the lawyer's professional integrity. Counsel should not seek to withdraw on the belief that the contentions of the client lack merit, but should present for consideration such points as the client desires to be raised provided counsel can do so without violating standards of professional ethics.
(iii) If leave to withdraw is granted, or if the client justifiably asks that counsel be replaced, successor counsel should be available.
3.1 Monitoring individual cases
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B. Counsel should be provided for the entire period during which the juvenile is under the jurisdiction of the court.
Commentary. Waiver of the right to counsel in juvenile justice proceedings is subject to several complications stemming from the status of the juvenile. See Compendium Volume I, "Standards on the Administration of Defense Services," page D5.
ABA Juvenile Justice Standards Relating to Counsel for Private Parties
6.2 Waiver of the rights of mature respondents
A. A respondent considered by counsel to be mature should be permitted to act through counsel in the proceedings. However, the juvenile may not personally waive any right:
1. except in the presence of and after consultation with counsel; and
B. The decision to waive a mature juvenile's privilege against self-incrimination; the right to be tried as a juvenile or as an adult where the respondent has that choice; the right to trial, with or without a jury; and the right to appeal or to seek other postadjudication relief should be made by the juvenile. Counsel may decide, after consulting with the juvenile, whether to waive other rights of the juvenile.2. unless a parent has first been afforded a reasonable opportunity to consult with the juvenile and the juvenile's counsel regarding the decision. If the parent requires an interpreter for this purpose, the court should provide one.