Waiver of counsel, 2014
A juvenile who is alleged to be delinquent or held in a juvenile detention facility must be represented by counsel at all stages of proceedings. However, a juvenile who is 15 years or older may waive his or her right to counsel if the court is satisfied that the waiver is knowingly and voluntarily made. Once the court accepts such waiver, it cannot place the juvenile in a detention facility or transfer jurisdiction to adult court.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Juveniles cannot waive right to counsel if alleged to have committed specified act that would be specified crime if committed by adult.
Juveniles cannot waive right to counsel if possibility of specified placement(s).
Timing of counsel, 2013
In Wisconsin,, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the state level
Organizer: Wisconsin state public defenders office
(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 Wisconsin, juvenile indigency law is governed by both juvenile and adult statutes, which provide a determination of indigency and some useful definitions. Wisconsin's indigency law applies when juveniles are being transferred to criminal court. Indigent defense training available for appointed counsel. Juveniles are legislatively presumed indigent.
Courtroom shackling, 2015
No statewide restriction
Sex offender registration, 2015
Wisconsin bases its legal authority on juvenile competency statutes, which align with the Dusky standard. Provisions apply to juveniles subject to delinquency or child in need of protection or services (CHIPS) proceedings. Procedural sections specify time frames, report requirements, hearing procedures, dispositions and review requirements.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity