Waiver of counsel, 2014
A juvenile may waive his or her right to counsel if the court shows that the waiver is made knowingly, intelligently, and voluntarily.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Nevada, an attorney for a juvenile can be appointed at the following points in the process: All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at both state and local level
Organizer: Nevada State Public Defender's Office
(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
Nevada indigency is determined under juvenile and adult statutes, which determine indigency status. By statute, the State Public Defender must, within the limits of available money, represent without charge, each indigent delinquent juvenile for whom the State Public Defender is appointed. 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 legislature
Nevada’s Assembly Bill 8 (law, not yet codified) 62D NRS, prohibits use of restraint on a child during a court proceeding unless necessary to prevent harm to self/others or to prevent escape from the courtroom. ‘Whenever practical’ the judge shall provide the child/child’s counsel and prosecuting attorney the opportunity to be heard prior to the order. Criteria is specified for necessity determination (demonstrated behaviors/plans, prior use) which must include specific findings of fact and conclusions of law.
Sex offender registration, 2015
Nevada’s juvenile statute aligns with the Dusky standard for juvenile competency. Many sections describe criteria for related hearings, examination, and reviews required after a child is deemed “incompetent”. A child may not be certified for criminal proceedings as an adult (or transferred) while incompetent.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity