Amended in Assembly March 23, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 703


Introduced by Assembly Member Bloom

February 25, 2015


An act tobegin delete amend Section 634.6 of, and to add Section 634.3 to,end deletebegin insert add Section 634.3 toend insert the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 703, as amended, Bloom. Juveniles: attorney qualifications.

Existing law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge such person to be a ward of the court, except as specified. Under existing law, a minor has the right to counsel of his or her own choice in proceedings to declare the minor a ward of the court. If the minor and his or her parents are indigent, the minor is entitled to appointed counsel.

This bill would requirebegin insert counsel appointed in youth proceedings to, among other things, have sufficient contact with the minor to establish and maintain a meaningful and professional attorney-client relationship, including in the postdispositional phase of the proceedings. The bill would also requireend insert the Judicial Council, by July 1, 2016, to adopt rules of court regarding, among other things, the establishment of minimum hours of training andbegin delete educationend deletebegin insert education, or sufficient recent experience in delinquency proceedings in which the attorney has demonstrated competence,end insert necessary to be appointed as counsel in delinquency proceedings, and the establishment of required training areas and encouraging public defender offices and other agencies that represent minors in delinquency cases to provide juvenile delinquency training.

begin delete

Existing law requires counsel, upon entering an appearance on behalf of a minor, to continue to represent that minor unless relieved by the court.

end delete
begin delete

This bill would specify that representation to include every stage in juvenile proceedings, including postdisposition.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) As representing minors in the juvenile justice system has
4become much more complex, and the potential consequences of
5juvenile involvement in the juvenile justice system have become
6more severe than when the Arnold-Kennick Juvenile Court Law
7(Chapter 2 (commencing with Section 200) of Part 1 of Division
82 of the Welfare and Institutions Code) was enacted, delinquency
9attorneys need specialized skills, education, and training to ensure
10competent representation of minors in juvenile delinquency court.

11(b) Competent legal representation by defense attorneys is
12needed to preserve the integrity of the juvenile justice system,
13prevent wrongful judgments, reduce unnecessary incarceration,
14and help ensure that minors receive the care, treatment, and
15guidance upon which the juvenile justice system is premised.

16(c) It is essential that California’s juvenile delinquency defense
17attorneys have the appropriate knowledge and skills needed to
18meet the demands of this increasingly complex area of legal
19practice. Advances in brain research demonstrate that children and
20adolescents do not possess the same cognitive, emotional,
21decisionmaking, and behavioral capacities as adults. Counsel must
22ensure that these differences are appropriately recognized in the
23attorney-client relationship and defense of the case.

24

SEC. 2.  

Section 634.3 is added to the Welfare and Institutions
25Code
, to read:

26

634.3.  

(a) Counsel appointed pursuant to Section 634 to
27represent youth in proceedings under Sections 601 and 602 shall
28do all of the following:

P3    1(1) Provide effective, competent, diligent, and conscientious
2advocacy and make rational and informed decisions founded on
3adequate investigation and preparation.

4(2) begin deleteRepresent the expressed interests of the minor, end deletebegin insertProvide legal
5representation based on the client’s expressed interests, end insert
and
6maintain a confidential relationship with the minor.

7(3) Confer with the minor prior to each court hearing, and have
8sufficient contact with the minor to establish and maintain a
9meaningful and professional attorney-clientbegin delete relationship.end delete
10begin insert relationship, including in the postdispositional phase.end insert

11(4) When appropriate, delinquency attorneys should consult
12with social workers, mental health professionals, educators, and
13other experts reasonably necessary for the preparation of the
14minor’s case, and, when appropriate, seek appointment of those
15experts pursuant to Sections 730 and 952 of the Evidence Code.

begin insert

16(5) Nothing in this subdivision shall be construed to modify the
17role of counsel pursuant to subdivision (b) of Section 657.

end insert

18(b) By July 1, 2016, the Judicial Council, in consultation and
19collaboration with delinquency defense attorneys, judges, and other
20justice partners including child development experts, shall adopt
21rules of court to do all of the following:

22(1) Establish minimum hours of training andbegin delete educationend delete
23begin insert education, or sufficient recent experience in delinquency
24proceedings in which the attorney has demonstrated competence,end insert

25 necessary in order to be appointed as counsel in delinquency
26proceedings. Training hours that the State Bar has approved for
27Minimum Continuing Legal Education (MCLE) credit shall be
28counted toward the MCLE hours required of all attorneys by the
29State Bar.

30(2) Establish required training areas thatbegin insert mayend insert include, but are
31not limited to,begin delete developments inend deletebegin insert an overview ofend insert juvenile delinquency
32begin delete law, motion practice,end deletebegin insert law and procedure,end insert child and adolescent
33development, special education, competence and mental health
34issues,begin delete child abuse and neglect,end delete counsel’s ethical duties, advocacy
35in the postdispositional phase, appellate issues, direct and collateral
36consequences of court involvement for a minor, and securing
37effective rehabilitative resources.

38(3) Encourage public defender offices and agencies that provide
39representation in proceedings under Sections 601 and 602 to
P4    1provide training on juvenile delinquency issues that the State Bar
2has approved for MCLE credit.

3(4) Provide that experts whose appointment is requested by
4delinquency attorneys, and social workers employed to work with
5 the delinquency attorney, are agents of the attorneys and require
6those experts and social workers to adhere to the attorney-client
7privilege under Article 3 (commencing with Section 950) of
8Chapter 4 of Division 8 of the Evidence Code.

9(5) Provide that attorneys practicing in juvenile delinquency
10courts shall be solely responsible for compliance with the training
11and education requirements adopted pursuant to this section.

begin delete12

SEC. 3.  

Section 634.6 of the Welfare and Institutions Code is
13amended to read:

14

634.6.  

Any counsel upon entering an appearance on behalf of
15a minor shall continue to represent that minor at every stage in
16juvenile proceedings, including postdisposition, unless relieved
17by the court upon the substitution of other counsel or for cause.
18Indigent juveniles should be represented by the public defender
19whenever possible.

end delete


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