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.
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.
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
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