BILL ANALYSIS Ó
AB 703
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ASSEMBLY THIRD READING
AB
703 (Bloom)
As Amended April 13, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+----------------------+----------------------|
|Judiciary |10-0 |Mark Stone, Wagner, | |
| | |Alejo, Chau, Chiu, | |
| | |Gallagher, Cristina | |
| | |Garcia, Holden, | |
| | |Maienschein, | |
| | |O'Donneld | |
| | | | |
|----------------+------+----------------------+----------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, | |
| | |Jones, Quirk, Rendon, | |
| | |Wagner, Weber, Wood | |
| | | | |
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SUMMARY: In order to raise the standards of training and
experience of attorneys who represent minors in juvenile
delinquency proceedings, this bill requires counsel to have
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sufficient contact with clients. It also requires the Judicial
Council to establish minimum hours of training and education
necessary for attorneys to be appointed as counsel in juvenile
delinquency proceedings.
EXISTING LAW:
1)Provides that minors under the age of 18 years may be adjudged
to be a ward of the court where they "persistently or habitually
refuse to obey the reasonable and proper orders or directions of
his or her parents, guardian, or custodian," are "beyond the
control of that person," "violated any ordinance of any city or
county of this state establishing a curfew based solely on
age...," or are habitually truant, as specified.
2)Provides that minors under the age of 18 years may be adjudged
to be a ward of the court for violating "any law of this state
or of the United States or any ordinance of any city or county
of this state defining crime," as specified.
3)Provides that when a minor is adjudged a ward of the court on
the ground that he or she is delinquent - delinquency generally
pertaining to the status and criminal conduct described above -
the court may make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the
minor, including medical treatment, subject to further order of
the court, as specified.
4)Requires that counsel appointed in a dependency case "shall have
a caseload and training that ensures adequate representation of
the child."
5)Requires the Judicial Council to promulgate rules of court that
establish caseload standards, training requirements, and
guidelines for appointed counsel for dependent minor children.
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FISCAL EFFECT: According to the Assembly Appropriations
Committee, 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: Under both the Sixth Amendment to the United States
Constitution and Article I, Section 15, of the California
Constitution, a criminal defendant has the right to the effective
assistance of counsel. (People v. Ledesma (1987) 43 Cal.3d 171,
In re Edward S. (2009) 173 Cal.App.4th 387, 406.) Juveniles have
a constitutional right to counsel, and other associated rights to
provide due process rights in juvenile proceedings. (In re Gault
(1967) - 387 U.S. 1 [abrogated on other grounds in Allen v. Ill.
(1986) 478 U.S. 364].) An adjudication of delinquency "must
measure up to the essentials of due process and fair treatment as
required by the Due Process Clause of the Fourteenth Amendment of
our Constitution." (Id., at pp. 30-31.)
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:
Even a relatively minor offense exposes youth to
life-changing consequences. Because juveniles have
not yet developed mature judgment, delinquency
representation requires counsel to have special skills
both in the defense of the case and in working with
young clients. Competent representation is needed to
preserve the integrity of the justice system, prevent
wrongful conviction, and reduce unnecessary
incarceration. (Burrell, 314 UC Davis Journal of
Juvenile Law & Policy Vol. 16:1 (2012).)
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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 previously imposed training requirements
and special duties on attorneys who handle those cases.
Response of National Working Groups and Other States - Laws
Similar to This Bill. With the support of the John D. and
Catherine T. MacArthur Foundation and under the rubric of the
Juvenile Indigent Defense Action Network, the National Juvenile
Defender Center drafted a detailed set of standards for over a
five-year period. These standards were drafted, promulgated, and
reviewed by multi-disciplinary teams with the guidance and support
of juvenile indigent defense experts and consultants from across
the nation. These multi-disciplinary teams were led by juvenile
defenders and included public defenders, appointed counsel, law
school clinicians, non-profit attorneys, judges, legislators,
prosecutors, probation officers, clinicians, government officials,
advocates, philanthropists, and a myriad of other juvenile defense
stakeholders. At least partly in response to the MacArthur
Foundation work, at least 12 other states have adopted standards
for the competence of juvenile delinquency counsel.
Analysis Prepared by:
Alison Merrilees / JUD. / (916) 319-2334 FN:
0000195
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