Amended in Assembly April 13, 2015

Amended in Assembly March 23, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 703

Introduced by Assembly Member Bloom

February 25, 2015

An act to add Section 634.3 to 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 begin delete such end delete begin insert the end insert 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 require counsel appointed in begin delete youth end delete begin insert delinquency end insert 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 require the Judicial Council, by July 1, 2016, to adopt rules of court regarding, among other things, the establishment of minimum hours of training and education, or sufficient recent experience in delinquency proceedings in which the attorney has demonstrated competence, necessary to be appointed as counsel in delinquency proceedings, begin delete and end delete the establishment of required training begin delete areas end delete begin insert areas, end insert and begin delete encouraging end delete begin insert the encouragement of delinquency training provided by end insert public defender offices and other agencies that represent minors in delinquency begin delete cases to provide juvenile delinquency training. end delete begin insert cases. end insert

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

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

SECTION 1.  

The Legislature finds and declares all of the
following:

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

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

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

SEC. 2.  

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

634.3.  

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

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

(2) Provide legal representation based on the client’s expressed
interests, and maintain a confidential relationship with the minor.

(3) Confer with the minor prior to each court hearing, and have
sufficient contact with the minor to establish and maintain a
meaningful and professional attorney-client relationship, including
in the postdispositional phase.

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

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

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

(1) Establish minimum hours of training and education, or
sufficient recent experience in delinquency proceedings in which
the attorney has demonstrated competence, necessary in order to
be appointed as counsel in delinquency proceedings. Training
hours that the State Bar has approved for Minimum Continuing
Legal Education (MCLE) credit shall be counted toward the MCLE
hours required of all attorneys by the State Bar.

(2) Establish required training areas that may include, but are
not limited to, an overview of juvenile delinquency law and
procedure, child and adolescent development, special education,
competence and mental health issues, counsel’s ethical duties,
advocacy in the postdispositional phase, appellate issues, direct
and collateral consequences of court involvement for a minor, and
securing effective rehabilitative resources.

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

begin delete

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

(5)

end delete

begin insert (4) end insert  Provide that attorneys practicing in juvenile delinquency
courts shall be solely responsible for compliance with the training
and education requirements adopted pursuant to this section.