Waiver of counsel, 2014
Waiver of counsel must be voluntary and must be made knowingly and intelligently.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Georgia, 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 state level
Organizer: Georgia Public Defender Standards Council (GPDSC)
(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
Georgia indigency law is governed by: Juvenile Statutes effective until 12-31-2013; Juvenile Statutes effective 01-01-2014; Juvenile Court Rule; Adult Statutes (the Georgia Indigent Defense Act of 2003), which determine indigency. Georgia law has several useful definitions. Under the terms of the Georgia Indigent Defense Act of 2003, by statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. The Public Defender makes the determination of indigency. 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
Does not register
Georgia’s Juvenile Code (of statutes) contain an article related to competency for youth alleged delinquent or a “child in need of services” cases’ and align with the Dusky standard. The bases for incompetency include: age, immaturity, mental illness, developmental disability, or a combination of mental illness and developmental disability. An attorney is appointed for the child prior to evaluation. Statutory procedures include criteria for the evaluation/report, competency restoration services and planning. Once found incompetent, the court can review the matter (pending restoration) for up to 120 days if allegations were misdemeanor-level, or for 2 years with 6 month reviews if the allegations were felonious. A juvenile is not subject to transfer to (adult) criminal court when mental incompetency exists.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity