Issues for Change

Juvenile Indigent Defense

In a model system, communities and justice system personnel would uphold the procedural and substantive rights of youth who come into contact with the juvenile justice system. Once arrested, a young person would have meaningful access to legal counsel as early as possible, but no later than the first court appearance, and representation would continue until the case was closed. The juvenile indigent defense system would provide each youth with comprehensive legal representation. Defense attorneys would have access to non-lawyer support and resources when needed, including investigators, experts, social workers, and support staff; comprehensive and ongoing training; and meaningful supervision and review of cases. Defender staff would have limited caseloads, allowing them sufficient time to investigate and prepare for cases and meet with clients. Compensation would be adequate, and defenders would work in an environment that encouraged their responsibilities to their young clients.

Currently, however, many juvenile indigent defense systems fall short of this model. Many defenders have high caseloads that impede their ability to provide quality representation. In some states, many youth waive their constitutional right to counsel and accept plea offers without fully understanding the potentially lifelong consequences they will face when they do so. Those defenders who do represent youth are often appointed late in the court process, and many work without the training or supervision required for this highly specialized and challenging area of law. In addition, many juvenile defense attorneys must represent their young clients without access to office space, computers, phones or support staff. Without these basic resources, providing adequate representation to children facing serious court proceedings becomes difficult.

In each of the four Models for Change states, efforts are underway to improve access to and quality of counsel for every young person who enters the juvenile justice system. Statewide assessments of the juvenile indigent defense systems in Pennsylvania, Illinois, Louisiana, and Washington have already been conducted. Building on the momentum created by the assessments, Models for Change is now working in each state to devise strategic opportunities for technical assistance and training in order to improve the quality of legal representation for youth in the justice system. Defender trainings have already been conducted in various sites in Pennsylvania and plans are underway to create a statewide juvenile defender back-up center. In Louisiana, Models for Change is working with the state and parish defender boards to provide training and technical support to juvenile defense attorneys around the state. In Illinois, a multidisciplinary planning committee has been established to oversee the release and implementation of the state assessment and Washington State is seeking strategic opportunities to engage partners in reforming the juvenile indigent defense systems.

Models for Change also builds the capacity of juvenile defenders in each state by allowing for the creation and distribution of publications relevant to indigent defense. For example, through the National Resource Bank, defense attorneys and other stakeholders in the four states have access to a wide range of training materials and practice standards, such as the MacArthur Juvenile Court Training Curriculum; Juvenile Defender Delinquency Notebook, Legal Strategies to Reduce the Unnecessary Detention of Children, Ten Core Principles for Providing Quality Delinquency Representation Through Indigent Defense Delivery Systems, and various fact sheets to assist defenders in their advocacy. Supplemental materials are also being created that will include relevant information for defenders specific to the laws in their states.

In addition to the above activities, Models for Change is forming a Juvenile Indigent Defense Action Network to support and spread efforts to improve juvenile defense policy and practice. 

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