Waiver of counsel, 2014
A juvenile can waive the right to counsel if the court finds the waiver is knowingly, intelligently, and voluntarily given in view of the juvenile's age, education, and apparent maturity. The waiver should be obtained in the presence of the parent, guardian, or custodian. However if there is a conflict of interest between the juvenile and parent, guardian, or custodian, the court must impose such safeguards on the waiver as appear in the best interests of the juvenile.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Arizona, an attorney for a juvenile can be appointed at the following points in the process: Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition; Loss of Freedom / Institutionalization / Commitment / Imprisonment.
Indigency requirements, 2013
Organized at the local level (county/judicial district)
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
In Arizona, this topic is governed by juvenile statutes and juvenile court rules. State statute provides procedures to determine indigency. Arizona indigency laws apply to juveniles being transferred to criminal court. Arizona indigency laws provide several useful definitions. Indigency is judicially determined. Court can / must appoint attorney for juvenile if there is a conflict of interest between the juvenile and the parent.
Courtroom shackling, 2015
No statewide restriction
Sex offender registration, 2015
In Arizona, the legal basis for juvenile competency determinations and related procedures is found in a comprehensive article of the juvenile code (of statutes) and Juvenile Court Rules, which align with the Dusky standard. Juveniles may not participate in delinquency, incorrigibility or criminal proceedings if the court determines the juvenile is incompetent to proceed. Youth alleged to have committed a serious offense and deemed ‘incompetent’ or ‘not restorable to competency’ meet the definition of dependency. The evaluation report is provided first to the defense attorney for redaction; and distributed to the state (prosecutor) and the court within 24 hours.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity