Waiver of counsel, 2014
A juvenile may waive counsel if the court determines that the juvenile has consulted with an attorney, parent, or caretaker and that both the juvenile and the consulted adult have been instructed by the court about the juvenile's rights and the possible consequences of waiver, and that the juvenile is knowingly and voluntarily waiving his or her right to counsel.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Juveniles cannot waive right to counsel if alleged to have committed specified act that would be specified crime if committed by adult.
Juveniles cannot waive right to counsel for specified hearings.
Juveniles cannot waive right to counsel if possibility of specified placement(s).
Timing of counsel, 2013
In Louisiana, an attorney for a juvenile can be appointed at the following points in the process: 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) with varying state oversight
Organizer: Louisiana Public Defender Board
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is determined legislatively
Louisiana indigency law is governed by both juvenile and adult statutes, which provide a determination of indigency. Under the Louisiana Public Defender Act, by statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. Juveniles are legislatively presumed indigent. 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.
Courtroom shackling, 2015
No statewide restriction
Collateral consequences, 2014
When the juvenile appears to answer the petition, the court must first determine that the juvenile is capable of understanding statements about his rights under the Children's Code. If the juvenile is capable, the court must then advise the juvenile of the following items in terms understandable to the juvenile:
- The possible consequences of his admission that the allegations are true, including the maximum and minimal dispositions which the court can impose pursuant to Children's Code.
- If the juvenile is fourteen years of age or older and the petition charges the juvenile with the perpetration, attempted perpetration, or conspiracy to commit certain offenses, the court must inform the juvenile that, if he admits to allegations of the petition, or the allegations of the petition are found to be true, he can be required to register as a sex offender, and the court must inform the juvenile regarding applicable required registrations and their duration.
Sex offender registration, 2015
Louisiana has a chapter in its Children’s Code (of statutes) devoted to “mental incapacity to proceed,” which aligns with the Dusky standard. Sections include procedures for court proceedings (including adjudication, disposition, and transfer) evaluations, and reviews. If competency is not restored within 3 years of the initial “contradictory hearing” the judge may either: dismiss the delinquency petition; adjudicate as a “child in need of service” (and order related dispositions); or otherwise place the child in the custody of family or a facility with outpatient treatment. If the court determines that the child, “as a result of mental illness, is dangerous to himself or others or gravely disabled and incapable and unlikely to become capable”, civil mental health proceedings may occur, but youth cannot be discharged without further order of court. [what did apply to transfer proceeding mean for 2013?
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity