Waiver of counsel, 2014
A juvenile who is twelve years of age or older may waive his or her right to counsel only after consulting with an attorney and having the waiver found to be knowingly, intelligently, and voluntarily made. A juvenile who is under the age of twelve may have his or her right to counsel waived but the waiver must be made by the juvenile's parent, guardian, or custodian.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Washington, an attorney for a juvenile can be appointed at the following points in the process: Detention Hearing / First Court Appearance / Arraignment; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the local level (county/judicial district)
(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 Washington, juvenile indigency law is governed by juvenile statute, juvenile court rule, and Standards for Indigent Defense (Standard 14, Qualifications for Attorneys), which provide for a determination of indigency. In Washington, juvenile indigency laws also apply to juveniles being transferred to criminal court. Under the Standards for Indigent Defense (Standard 14, Qualifications for Attorneys), 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.
Courtroom shackling, 2015
Restricted by judiciary
Washington’s Juvenile Court Rule 1.6 (eff. 9/1/14) states that juveniles shall not be brought before the court wearing any (mechanical or electronic) restraints except when ordered by the court during or prior to the hearing. Findings are required that:
- The use of restraints is necessary (due to one: present behavior, current threat to self/others in the courtroom, recent disruptive, potentially harmful/risky courtroom behavior, or present behavior presents a flight risk from the courtroom AND
- There are no less restrictive alternatives.
The court shall permit any party to be heard regarding necessity of restraints before or after the order is issued.
Collateral consequences, 2014
The Washington State Juvenile Court Rules proscribe a standard juvenile plea form, which provides written notice of several collateral consequences, including potential immigration consequences, disqualification from public benefits, sex offender registration, revocation of driving privileges, revocation of firearms rights and DNA collection.
There is no requirement under Washington law that a parent be notified of these consequences or otherwise be involved in a child’s plea. The court’s failure to notify a juvenile of the collateral consequences of a plea will not necessarily render the plea involuntary; however, if an attorney misinforms a juvenile about a collateral consequence, it may form the basis for withdrawing a plea.
Sex offender registration, 2015
Washington’s Juvenile Court Rules state that (adult) criminal rules apply to juvenile offense proceedings when not otherwise inconsistent. Criminal rules do not expressly mention Dusky standard elements for competency, but are generally in alignment, as rules assume judicial compliance with statute. A chapter of statutory procedures for the “Criminally Insane” comports more expressly with the Dusky standard for incompetency, and specifies many related procedures.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity