Waiver of counsel, 2014
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In the District of Columbia, 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.
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
Indigency law is governed by both juvenile and adult statutes, which provide a determination for indigency. Indigency is judicially determined. Court can / must appoint attorney for juvenile if non-indigent parent refuses to pay for juvenile's attorney.
Courtroom shackling, 2015
Restricted by judiciary
In the District of Columbia, Superior Court Administrative Order 15-07 (4/6/15) prohibits routine use of restraints. Family court must make an individualized determination of necessity (related to flight risk or safety/risk to self/others) at initial hearings, which can consider information from agencies working with the youth. Use of shackles requires a court order with written findings of fact. The youth will remain in restraints for transport and in the courtroom until the determination is made. If the youth does not wish to enter the courtroom in restraints, counsel may waive appearance of the youth until after a decision is made.
Sex offender registration, 2015
Does not register
In the District of Columbia, juvenile statute aligns with the Dusky standard and proscribes various actions when juveniles may be “incompetent to proceed”. Procedures include when examinations may or must occur, elements that must be in the report, and under what conditions the petition can be dismissed without prejudice and refiled once competency is restored. Youth cannot be transferred to (adult) criminal court unless they are competent.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity