Waiver of counsel, 2014

In a case in which a juvenile is alleged to be delinquent, the juvenile may waive the right of counsel if the waiver is deemed to be an intelligent waiver.

  • Restrictions on waivers
  • No restrictions
  • Reflects laws as of the end of 2013 legislative sessions.
  • Age

    No restrictions

  • Crime

    No restrictions

  • Hearing

    No restrictions

  • Placement

    No restrictions

Timing of counsel, 2013

In California, 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; Once a Petition is Filed / Hearing on the Petition; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.

  • Reflects laws as of the end of 2013 legislative sessions.

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

California indigency law is governed by juvenile statutes, which provide for a determination of indigency. 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 there is a conflict of interest between the juvenile and the parent. Specialized juvenile training available or required.

  • Reflects laws as of the end of 2013 legislative sessions.

Courtroom shackling, 2015

Restricted by judiciary

In California, Tiffany A. v. Superior Court, 150 Cal. App. 4th 1334 (2007) prohibited the routine use of restraints. The disposition directed that use of restraints must be implemented on a case-by-case basis.

Sex offender registration, 2015

Registers

Competency, 2015

California case law held that the competency standard in (adult) criminal proceedings applies to juvenile delinquency proceedings. Juvenile statute affirms this, requiring that the Judicial Council adopt court rules for qualifying expert evaluators. There are additional requirements if deemed incompetent due to developmental disability.

  • No juvenile standard

  • Juvenile standard is the adult standard

  • Juvenile justice standard exists

  • JJ standard includes developmental immaturity

Progressive data

The Juvenile Justice in California annual report series reports comprehensively on juvenile defense.  The report includes data on proportions of youth unrepresented, and those with private counsel, court appointed counsel, and public defenders.  The report includes additional analyses by gender, race/ethnicity, and age.

Defense representation, 2014

Report excerpt, 2014 Juvenile Justice in California (p. 38).

About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

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