BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 703|
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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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