Waiver of counsel, 2014
A juvenile 13 years old or older may waive his or her right to counsel providing that the waiver is knowingly and voluntarily made after a consultation with an attorney.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Vermont, an attorney for a juvenile can be appointed at the following points in the process: Detention Hearing / First Court Appearance / Arraignment; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the state level
Organizer: Office of the Defender General
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is determined legislatively
In Vermont, juvenile indigency law is determined by juvenile statutes, family court rules, adult statutes, administrative orders of the state Supreme Court, which provide a standard for determining indigency and several useful definitions. Indigent defense training available for appointed counsel. Juveniles are legislatively presumed indigent.
Courtroom shackling, 2015
Restricted by legislature
Vermont statute 33 V.S.A. § 5123 (eff. 5/21/09) relates to transportation, requiring agency supervisory approval to use mechanical restraints for each child, and states further that “It is the policy of the State of Vermont that mechanical restraints are not routinely used on children subject to this chapter unless circumstances dictate that such methods are necessary.” This statute must be considered indirectly, as it does not specifically mention the courtroom, where judges maintain discretion.
Sex offender registration, 2015
Does not register
In Vermont, the supreme court held that “an incompetent juvenile cannot be found delinquent without violating the basic concepts of due process of law” [In re J.M., Juvenile, 769 A.2d 656 (2001)]. Court Rules for Family Proceedings refers to Criminal Court Rule/s that permits the (juvenile) court to order “reasonable mental examination by a psychiatrist or other expert’ when the defendant gives notice that sanity is at issue or other expert testimony relating to a mental disease, or defect or any other mental condition of the defendant bearing upon the issue of his guilt.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity