Waiver of counsel, 2014
A juvenile may waive his or her right to counsel as long as the court is satisfied that it was intelligently made and the that the best interest of the juvenile does not require the appointment of counsel.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Idaho, 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 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
Idaho indigency law is governed by both juvenile statute and juvenile court rule, which provide 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 there is a conflict of interest between the juvenile and the parent. Court can / must appoint attorney for juvenile if parent cannot be located / parent refuses to go to juvenile. Specialized juvenile training available or required.
Courtroom shackling, 2015
Restricted by judiciary
In Idaho, State v. Doe, 333 P.3d 858 (2014) held that juveniles be afforded the same rights as adults to be free from physical restraints at a juvenile evidentiary hearing [adjudication hearing] absent a finding of necessity on a case-by-case basis.
Sex offender registration, 2015
Idaho has juvenile competency statutes which align with the Dusky standard. Procedures include hearing requirements for court-appointed evaluators, timelines, and elements the report must contain to assist with the decision. Examiners are to follow their respective professional guidelines for similar reports, and non-appointed examinations meeting criteria are expressly permitted. Additional requirements exist when developmental disabilities are suspected. Involuntary treatment can be ordered for 180 additional days if the report concludes ‘there is a substantial probability that the defendant will be fit to proceed in the foreseeable future.’
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity