Waiver of counsel, 2014
All waivers of the right to counsel, except those made in the presence of the court, must be in writing and signed by the juvenile. No waiver must be accepted in any case in which the parent, guardian, or custodian has initiated or filed a petition against the juvenile or requested the removal of the juvenile from home, or when counsel was appointed due to the likelihood of the juvenile's commitment to an institution, or when the juvenile has been designated an extended juvenile jurisdiction offender, or when the juvenile is in the custody of the Department of Human Services.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Arkansas, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Detention Hearing / First Court Appearance / Arraignment; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the state level
Organizer: Arkansas Public Defender Commission
(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
Arkansas indigency law is governed by juvenile statutes, which provide for a determination of indigency. By statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. Indigency is judicially determined. Court can / must appoint attorney for juvenile if non-indigent parent refuses to pay for juvenile's attorney. Court can / must appoint attorney for juvenile if parent cannot be located / parent refuses to go to juvenile.
Courtroom shackling, 2015
No statewide restriction
Sex offender registration, 2015
In Arkansas, juvenile statute refers to application of (adult) crimes code competency procedures to delinquency proceedings including Extended Juvenile Jurisdiction designations, which align with the Dusky standard. Procedures for “Fitness-to-proceed” require (as part of EJJ proceedings) examinations of any juvenile under age 13 is facing certain murderous allegations, as the juvenile is presumed incompetent. If the prosecutor cannot overcome the presumption, a (regular) delinquency petition can be filed. Examiners must have experience and training in the evaluation of juveniles, and report elements (as well as what to review and consider) are proscribed.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity