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Partners in Juvenile Defense

Partners in Juvenile Defense. National Juvenile Defender Center Est. 1999 (under ABA until 2005) www.njdc.info Executive Director: Patricia Puritz Dedicated to ensuring excellence in juvenile defense and justice for all children. Colorado Juvenile Defender Coalition

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Partners in Juvenile Defense

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  1. Partners in Juvenile Defense National Juvenile Defender Center Est. 1999 (under ABA until 2005) www.njdc.info Executive Director: Patricia Puritz Dedicated to ensuring excellence in juvenile defense and justice for all children Colorado Juvenile Defender Coalition Est. 2008 (Non-profit in 2010) www.cjdc.org Executive Director: Kim Dvorchak Dedicated to ensuring excellence in juvenile defense and advocacy, and justice for all children and youth in Colorado

  2. Understanding the Role of the Juvenile Defender Dependency & Neglect/Child Welfare Cases (JV) -child representation by Guardian ad Litem (GAL) Juvenile Delinquency Cases (JD) -child representation by Defense Counsel -child may also be represented by GAL Guardian ad Litem Provided by Statute Best interest of the child No attorney-client privilege Court Improvement Project (CIP) federal funding Defense Counsel Provided by 6th Amend/Statute Expressed interest of the child Attorney-client privilege applies No federal funding to extend CIP to juvenile delinquency court

  3. Colorado Assessment Deep concern for children does not translate into constitutional due process protections Significant disparities in access to counsel and quality of representation across the state Lack of professional relevance, visibility, and professional standards for juvenile defense Lack of early appointment of counsel, barriers to obtaining counsel, waivers of counsel Lack of investment in juvenile defense as a specialty practice; treated as a training ground for junior lawyers 18 month project 20+ juvenile experts 12 counties 11 judicial districts urban/rural/suburban Interviewed: PD, DA, GAL, ADC, Judges, Probation, SB 94, facility staff

  4. Children & Families going Pro Se in Juvenile Delinquency Court What the Data does not show

  5. Core Recommendationsto Recognize the 6th Amendment Right to Counsel for Children andElevate the Practice of Juvenile Defense • Ensure Timely Appointment of Counsel • Restrict Waiver of Counsel • Establish a Presumption of Indigence • Recognize Juvenile Defense as a professional practice requiring specialized training and expertise • Create a Chief Juvenile Defender position • Adopt Statewide Standards of Juvenile Defense • Ensure Representation at all Critical Stages, including post-disposition (streamline expungement and S.O. de-registration) • Collect data on appointment and waiver of counsel

  6. Steps Toward Implementation • House Joint Resolution 13-1019 to establish an interim legislative committee on juvenile defense counsel for children in juvenile delinquency court • Judicial Outreach and Training Statewide • Attorney training and the establishment ofstandards of practice for juvenile defense • Keep due process concerns elevated in stakeholder discussions regarding juvenile justice system

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