BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 703
          Author:   Bloom (D)
          Amended:  4/13/15 in Assembly
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  5-1, 6/9/15
           AYES:  Hancock, Glazer, Leno, Liu, Monning
           NOES:  Anderson
           NO VOTE RECORDED:  Stone

           SENATE APPROPRIATIONS COMMITTEE:  6-1, 8/27/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza, Nielsen
           NOES:  Bates

           ASSEMBLY FLOOR:  78-0, 4/27/15 - See last page for vote

           SUBJECT:   Juveniles: attorney qualifications


          SOURCE:    East Bay Childrens Law Offices
                     Youth Law Center   


          DIGEST:  This bill 1) establishes specified requirements for  
          attorneys appointed to represent minors in the juvenile justice  
          system, and 2) requires the Judicial Council to establish  
          minimum hours of training and education necessary in order to be  
          appointed as counsel in delinquency proceedings by July 1, 2016,  
          as specified.


          ANALYSIS:   









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          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.  (Welfare and Institutions Code ("WIC") § 601.)


          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.  (WIC § 602.)  


          3)Provides generally 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.  (WIC § 727(a).)


          4)Requires that counsel appointed in a dependency case "shall  
            have a caseload and training that ensures adequate  
            representation of the child.  The Judicial Council shall  
            promulgate rules of court that establish caseload standards,  
            training requirements, and guidelines for appointed counsel  
            for children ?"  (WIC § 317(c); See also California Rule of  
            Court 5.660(d) .)


          This bill:


          1)Requires that counsel appointed to represent youth in  
            delinquency proceedings, as specified (WIC Sections 601 and  







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            602), shall do all of the following: 


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


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


             c)   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 post dispositional phase. 


             d)   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. 


          2)Provides that nothing in its provisions shall be construed to  
            modify the role of counsel pursuant to subdivision (b) of WIC  
            Section 657 (relating to a minor admitting in a detention  
            hearing to the allegations of a petition and waiving the  
            jurisdictional hearing). 


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


             a)   Establish minimum hours of training and education, or  
               sufficient recent experience in delinquency proceedings in  







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               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. 


             b)   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 post dispositional phase,  
               appellate issues, direct and collateral consequences of  
               court involvement for a minor, and securing effective  
               rehabilitative resources. 


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


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


          5)Contains uncodified legislative findings and declarations  
            concerning the complexity of representing minors in the  
            juvenile justice system and the importance of ensuring  
            competent legal representation in delinquency proceedings, as  
            specified.


          Background
          
          According to the Department of Justice report on juvenile  
          justice in California, approximately 97,000 juveniles were  
          arrested in 2013, with about 58,000 cases referred to the  
          juvenile court for disposition and largely represented by public  
          defenders and court-appointed counsel (92 percent). 







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          In its Juvenile Delinquency Court Assessment 2008, the  
          Administrative Office of the Courts concluded, "Given the  
          complexity and the unique nature of the juvenile delinquency  
          court setting, having experienced, well-trained attorneys is  
          critical in order to ensure the fair processing of delinquency  
          cases and quality representation for youth who enter the  
          delinquency system. The fact that there are many professionals  
          who are new to the delinquency system indicates the importance  
          of early training when first entering a juvenile delinquency  
          assignment. Training, along with other practices that allow for  
          attorneys with delinquency-related experience to handle or  
          supervise delinquency cases, should be encouraged by district  
          attorneys' and public defenders' offices."

          An article in the University of California, Davis Journal of  
          Juvenile Law and Policy, Contracts for Appointed Counsel in  
          Juvenile Delinquency Cases: Defining Expectations (Volume 16:1,  
          Winter 2012), stated, "The analysis of California contracts for  
          appointed delinquency counsel reveals troubling deficiencies.  
          The contracts fail, as a whole, to include the basic elements of  
          competent delinquency representation. Some have well-drafted  
          provisions with respect to particular elements but, in general,  
          the contracts fail to address basic elements of delinquency  
          representation. Moreover, the structure for compensation in many  
          counties raises serious questions about whether delinquency  
          attorneys are compensated for providing services they are  
          ethically and legally bound to provide." Additionally, with  
          regard to delinquency-specific training, the article reported,  
          "Disappointingly, a 2009 survey [by the MacArthur Juvenile  
          Indigent Defense Action Network] of California delinquency  
          counsel found that 47 percent of panel and contract attorneys  
          had no specific juvenile training when they began to represent  
          children in delinquency cases, and that of those who did have  
          some training, 48 percent had a day or less."

          With regard to counsel in dependency proceedings, California  
          Rule of Court 5.660(d) establishes caseload standards, training  
          requirements, and guidelines for appointed counsel for children.  
          This bill seeks to establish a minimum level of training and  
          education for counsel in delinquency proceedings in order to  
          assure justice for youth coming before the juvenile court.
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  







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          Com.:YesLocal:   No  

          According to the Senate Appropriations Committee:

           One-time minor costs of less than $10,000 (General Fund*) for  
            the Judicial Council to establish the training and education  
            standards and adopt the rules of court.


           Potential ongoing state-reimbursable local costs in excess of  
            $150,000 (General Fund) per year to the extent the rules of  
            court establish guidelines mandating delinquency-specific  
            training and education requirements for court-appointed  
            counsel, including public defenders and district attorneys,  
            resulting in increased costs to local agencies determined to  
            be a reimbursable state mandate.


           To the extent the minimum qualifications established result in  
            more experienced representation in delinquency proceedings,  
            potential long-term future cost savings (General Fund) to the  
            criminal justice system in reduced incarceration and  
            recidivism.

          *Trial Court Trust Fund 


          SUPPORT:   (Verified8/28/15)


          East Bay Children's Law Offices (co-source)
          Youth Law Center (co-source)
          American Civil Liberties Union of California
          The Anti-Recidivism Coalition
          California Public Defenders Association
          California State PTA
          Children's Advocacy Institute
          Children's Defense Fund - California
          Children Now
          Judicial Council of California
          League of Women Voters' of California
          National Alliance on Mental Illness
          National Center for Lesbian Rights
          Office of the Sacramento County Public Defender







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          Pacific Juvenile Defender Center
          Public Defender of the City and County of San Francisco    


          OPPOSITION:   (Verified8/28/15)


          None received


          ARGUMENTS IN SUPPORT:  The author states in part, "Many of the  
          most common mistakes made by delinquency counsel could be  
          avoided if counsel had basic knowledge about their ethical  
          duties and training in the essentials of juvenile law and  
          procedure, how to work with adolescents, and how to assure that  
          their clients receive appropriate rehabilitative services.   
          Dependency counsel for children are already required to have  
          such training, but California has not yet assured that lawyers  
          for youth in delinquency cases have the requisite knowledge and  
          skills to provide competent representation.    This bill sets  
          forth the basic duties of juvenile delinquency defense counsel  
          with respect to representing the expressed interests of the  
          client, confidentiality, investigation of the case, use of  
          experts, and maintenance of an ongoing relationship with the  
          client.  The bill also requires the Judicial Council, by July 1,  
          2016, to establish minimum hours of training and education  
          necessary to be appointed as counsel in delinquency proceedings,  
          required training areas, and provisions for exemption of  
          experienced attorneys.  The required training will count toward  
          the State Bar required continuing legal education requirements  
          that California attorneys must complete.  This is a modest  
          change that will vastly improve current practice in the state  
          and help to ensure the integrity of the juvenile justice  
          system."                  

          ASSEMBLY FLOOR:  78-0, 4/27/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo  
            Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  







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            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Campos, Beth Gaines

          Prepared by:Alison Anderson / PUB. S. / 
          8/31/15 9:06:15


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