BILL ANALYSIS Ó
AB 703
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
703 (Bloom) - As Amended April 13, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires the Judicial Council, in consultation and
collaboration with delinquency defense attorneys, judges, and
other justice partners, including child development experts, to
adopt rules of court by July 1, 2016, to establish minimum hours
AB 703
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of training and education necessary for attorneys to be
appointed as counsel in juvenile delinquency proceedings. This
bill also establishes specific duties for such counsel.
FISCAL EFFECT:
Minor one-time costs (less than $100,000) for the Judicial
Council to convene the stakeholders and develop and adopt the
rules of court.
COMMENTS:
Purpose. When minors are tried in the juvenile court, where
proceedings are technically not criminal and rehabilitation,
rather than punishment, is the goal, imprisonment in state
prison cannot be ordered. Nevertheless, the stakes are high for
the minors themselves, as well as their families and
communities.
The stakes are similarly high in juvenile dependency matters,
where parents can lose custody of their children, and ultimately
have their parental rights terminated, and children can be
removed from their homes and be placed with strangers.
Recognizing the importance of competent representative in
juvenile dependency matters, the Legislature has imposed special
requirements and duties, regarding caseload standards and
training requirements, on attorneys who handle those cases.
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This bill seeks to impose similar training and competency
requirements on attorneys who represent minors in delinquency
cases, setting forth the basic duties of such counsel with
respect to representing the expressed interests of the client,
confidentiality, investigation of the case, and maintenance of
an ongoing relationship with the client. In addition, the bill
requires the Judicial Council to adopt rules of court regarding
training and education/experience requirements for these
attorneys.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081