The New Jersey Supreme Court Agrees -Right to Counsel for a Juvenile Attaches Early
Aug 10, 2009, Rey Cheatham Banks
The New Jersey Juvenile Indigent Defense Action Network (NJ JIDAN) team scored a major victory with the decision in In re P.M.P., in which the New Jersey Supreme Court held that the right to counsel in delinquency proceedings attaches at the filing of a complaint and obtaining of a judicially approved arrest warrant. The Court further held that children cannot waive their right to counsel except in the presence of and after consultation with an attorney.
PMP was represented by the New Jersey Office of the Public Defender (OPD), led by Yvonne Smith Segars. NJ JIDAN co-team leader Cynthia Samuels, also of the OPD, played an active role in the defense. Co-team leader Laura Cohen of the Rutgers Urban Legal Clinic co-authored an amicus brief along with the National Juvenile Defedner Center that was signed onto by the third NJ co-team leader, Sandra Simkins.
"This decision represents the perfect nexus for our JIDAN work," said Cohen. The NJ team selected Access to Counsel as their Strategic Innovation Group activity. "One of our JIDAN tasks is to ensure appointment of counsel prior to detention. This decision validates that we are on the right track."
This outcome demonstrates the very close collaboration between all of the JIDAN team members.
- Issues
-
Juvenile indigent defense
- States
-
California
, Florida
, Massachusetts
, New Jersey
- Action networks
-
Indigent Defense Action Network