Waiver of counsel, 2014
A juvenile may waive his or her right to counsel as long as the waiver is made voluntarily and with the consult of an attorney. Right to representation must not be waived in a hearing regarding transfer to criminal court, an adjudication hearing, a dispositional hearing, or a hearing prior to commitment.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
Texas statutes require juveniles to be represented at all critical stages of proceedings and includes policy concerning pre-filing appointment and youth not being able to afford counsel. Specifically, by statute, juvenile's statements are admissible in evidence in any future proceeding concerning the matter about which the statement was given if the statement shows that the juvenile previously received notice of the right to have an attorney present. If the juvenile is unable to employ an attorney, the juvenile has the right to have an attorney appointed before or during any interviews with peace officers or attorneys representing the state.
Indigency requirements, 2013
Organized at the local level (county/judicial district) with varying state oversight
Organizer: Texas Indigent Defense Commission
(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
Texas juvenile indigency law is governed by both juvenile and adult statutes, which provide a determination of indigency and several useful definitions. The law applies to juveniles being transferred to criminal court. Under both the Texas Juvenile Justice Code and the Code of Criminal Procedure, special juvenile law education / training / experience/ program for appointed juvenile counsel. Indigency is judicially determined. Court can / must appoint attorney for juvenile if non-indigent parent refuses to pay for juvenile's attorney. 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
By statute, unless a contrary intent clearly appears elsewhere in this title, any right granted to a juvenile by this title or by the constitution or laws of Texas or the United States can be waived in proceedings under this title if (among other things) the juvenile and the attorney waiving the right are informed of and understand the right and the possible consequences of waiving it.
Also by statute, at the beginning of the adjudication hearing, the juvenile court judge must explain to the juvenile and his parent, guardian, or guardian ad litem the nature and possible consequences of the proceedings, including the law relating to the admissibility of the record of a juvenile court adjudication in a criminal proceeding.
Additional requirements of juvenile probation staff to notify youth and provide information are extensive.
Sex offender registration, 2015
Texas has a statutory subchapter related to juvenile competency, which aligns with the Dusky standard. Children involved with the court for delinquency or conduct indicating a need for supervision, who are “unfit to proceed as a result of mental illness or intellectual disability” are not subject to discretionary transfer, adjudication, disposition (or modification of disposition) as long as incapacity endures. Statutory procedures include criteria for examination disposition selection, and restoration.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity