BILL NUMBER: AB 703	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 2, 2015
	PASSED THE ASSEMBLY  APRIL 27, 2015
	AMENDED IN ASSEMBLY  APRIL 13, 2015
	AMENDED IN ASSEMBLY  MARCH 23, 2015

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, 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
the 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 delinquency
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, the establishment of
required training areas, and the encouragement of delinquency
training provided by public defender offices and other agencies that
represent minors in delinquency cases.


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.
   (4) 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.