Amended in Senate January 17, 2014

Amended in Senate January 6, 2014

Senate Bill No. 166

Introduced by Senator Liu

February 1, 2013

An act to add Section 634.3 to the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 166, as amended, Liu. Juveniles: attorney qualifications.

Existing law begin delete provides that end delete begin insert subjects end insert any person under 18 years of age who commits a crime begin delete is within end delete begin insert to end insert the jurisdiction of the juvenile court, begin insert which may adjudge such person to be a ward of the court, end insert except as specified. begin delete Existing law further provides that end delete begin insert Under existing law, end insert a minor has the right to counsel begin insert of his or her own choice end insert 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 the Judicial Council to establish minimum hours of training and education necessary in order to be appointed as begin insert defense end insert counsel in delinquency proceedings, and would begin delete provide end delete begin insert require end insert that training hours approved by the State Bar begin delete shall end delete be counted toward Minimum Continuing Legal Education (MCLE). The bill would specify that these hours do not increase the minimum number of MCLE hours required of all attorneys by the State Bar. The bill would require the Judicial Council, by July 1, 2015, to adopt rules of court in this regard, including, among other things, establishing required training areas and encouraging public defender offices and other agencies that represent minors in delinquency cases to provide juvenile delinquency training. begin insert The bill would state legislative findings and declarations regarding the necessity for specialized training and education for defense counsel in delinquency proceedings. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

Section 634.3 is added to the Welfare and
Institutions Code, to read:

634.3.  

(a) The

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert The end insert Legislature finds and declares all of the
following:

begin delete

(1)

end delete

begin insert (a) end insert  Because representing minors in the juvenile justice system
has become much more complex, and the potential consequences
of juvenile court involvement have become more severe than when
the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing
with Section begin delete 200)) end delete begin insert 200) of the Welfare and Institutions Code) end insert was
enacted, delinquency defense attorneys need specialized skills,
education, and training to ensure proper representation of minors
in juvenile delinquency court.

begin delete

(2)

end delete

begin insert (b) end insert  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.

begin delete

(3)

end delete

begin insert (c) end insert  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.

begin delete

(4)

end delete

begin insert (d) end insert  It is essential that delinquency defense attorneys provide
diligent and conscientious advocacy and make rational and
informed decisions founded on adequate investigation and
preparation.

begin delete

(5)

end delete

begin insert (e) end insert  It is essential that delinquency defense attorneys represent
the expressed interests of the minor, meet regularly with the minor,
and maintain a confidential relationship with the minor. The
attorney for the minor should have sufficient contact with the minor
to establish and maintain a meaningful and professional
attorney-client relationship.

begin delete

(6)

end delete

begin insert (f) end insert  When appropriate, delinquency defense attorneys should
consult with social workers, mental health experts, and other
experts for the minor’s defense, and, when appropriate, seek
appointment of those experts pursuant to Sections 730 and 952 of
the Evidence Code.

begin delete

(b) The

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 634.3 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 634.3. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The end insert Judicial Council shall establish a minimum
number of hours of training and education necessary in order to
be appointed as defense 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.
The minimum number of hours of training and education
established by the Judicial Council pursuant to this section shall
not increase the minimum number of MCLE hours required of all
attorneys by the State Bar.

begin delete

(c)

end delete

begin insert (b) end insert  By July 1, 2015, the Judicial Council shall adopt rules of
court to do all of the following:

(1) Establish required training areas that include, but are not
limited to, developments in juvenile delinquency law, child and
adolescent development, special education, mental health issues,
child abuse and neglect, counsel’s ethical duties, appellate issues,
direct and collateral consequences for a minor of court
involvement, and securing effective rehabilitative resources.

(2) 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. District attorneys should also be
encouraged to pursue education in the relevant areas.

(3) Provide that experts whose appointment is requested by
delinquency attorneys are agents of the attorneys and require those
experts to adhere to the attorney-client privilege under Article 3
(commencing with Section 950) of Chapter 4 of Division 8 of the
Evidence Code.

(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.

begin delete

(d)

end delete

begin insert (c) end insert  The rules adopted pursuant to this section shall not require
a delinquency attorney to do any of the following:

(1) Assume the responsibilities of a probation officer, social
worker, parent, or guardian.

(2) Provide nonlegal services or assistance to the minor.

(3) Represent the minor in any proceeding outside of the
delinquency proceedings.