Waiver of counsel, 2014
A juvenile may waive his or her right to counsel as long as it is demonstrated that this relinquishment is intentional and that the juvenile and his or her parents understood the risks of self-representation.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Indigency requirements, 2013
Organized at the state level
Organizer: Office of Public Defender Services
(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
In Oregon, juvenile indigency law is governed by both juvenile and adult statutes, and the Qualification Standards for Court-Appointed Counsel to Represent Financially Eligible Persons at State Expense, which provide a determination of indigency. Oregon indigency law applies to juveniles being transferred to criminal court. By statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. Indigency is judicially determined.
Courtroom shackling, 2015
Restricted by judiciary
In Oregon, In re Millican, 906 P.2d 857 (1995) held that juveniles have the same right as adults to appear free from physical restraints, as it inhibits free consultation with counsel (even if not visible, per other adult cases); is consonant with the rehabilitative purposes of the state’s juvenile justice system; etc. The trial judge can order shackling if there is evidence of an immediate and serious risk of dangerous/disruptive behavior. The court evaluate information and make a record (findings). Information can be presented informally, but more than a prosecutor or law enforcement statement for analysis is required. (Juries are not available in OR juvenile courts)
Sex offender registration, 2015
Oregon’s juvenile statute aligns with the Dusky Standard for youth “unfit to proceed in a petition alleging [delinquency]” if, as a result of mental disease or defect or another condition. Requirements proscribe who may conduct the evaluation and criteria for the determination.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity