Waiver of counsel, 2014

For a juvenile accused of committing any offense, before proceeding beyond notification of the right to counsel without representation, the court must conduct a hearing about the waiver and make specific findings of fact that the juvenile knowingly, intelligently, and voluntarily waived his or her right to counsel.

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

    No restrictions

  • Crime

    Juveniles cannot waive right to counsel if alleged to have committed specified act that would be specified crime if committed by adult.

  • Hearing

    No restrictions

  • Placement

    Juveniles cannot waive right to counsel if possibility of specified placement(s).

Timing of counsel, 2013

In Kentucky, 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.

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

Indigency requirements, 2013

Organized at the state level

Organizer: Kentucky Department of Public Advocacy (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

Kentucky indigency law is governed by both juvenile and adult statutes, which provide 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.

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

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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