Waiver of counsel, 2014

The right to counsel cannot be waived by a juvenile who is not represented by his or her parent, guardian, or custodian. A juvenile who is represented by his or her parent, guardian, or custodian may waive counsel if the waiver is knowingly, intelligently, and voluntarily made.

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

    No restrictions

  • Crime

    No restrictions

  • Hearing

    No restrictions

  • Placement

    No restrictions

Timing of counsel, 2013

In North Dakota, an attorney for a juvenile can be appointed at the following points in the process: Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition.

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

Indigency requirements, 2013

Organized at the state level

Organizer: Commission on Legal Counsel for Indigents (CLCI).  (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

Indigency is judicially determined. 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.

Courtroom shackling, 2015

Restricted by judiciary

In re R.W.S., 728 N.W.2d 326 (N.D. 2007) held that the juvenile court had a duty to exercise its discretion when youth requests removal of handcuffs during the adjudicatory hearing. The youth’s due process right to a fair trial was violated when the referee failed to exercise discretion, and deferred the decision to law enforcement.  Since no subsequent rules were issued, this could be interpreted to mean that findings are only required if a juvenile requests removal during adjudication hearings.

Sex offender registration, 2015

Registers

Competency, 2015

In North Dakota, no statute or court rule applies directly to juvenile competency proceedings or refers application of other (adult) rules to juveniles. Although not binding, a state Supreme Court opinion stated that juveniles have a due process right not to be subjected to the adjudicative stage of juvenile proceedings while incompetent and held that the juvenile court did not violate juvenile's due process rights when it failed to order a competency hearing to determine whether juvenile was competent to proceed with the adjudicative stage because only the matter of age was raised (rather than Dusky standards).

  • No juvenile standard

  • Juvenile standard is the adult standard

  • Juvenile justice standard exists

  • JJ standard includes developmental immaturity

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.

Continue reading »

Feedback

Tell us what you think of JJGPS. Questions, feedback, or other comments are welcomed.

Questions or feedback »

Follow on Twitter »