NCJ Number
204542
Editor(s)
Patricia Puritz,
Tammy Sun
Date Published
August 2001
Length
57 pages
Annotation
This report presents information on access to counsel and the quality of legal representation in delinquency proceedings for indigent juveniles in Georgia.
Abstract
A group of national experts visited sites in 11 counties across the State, conducted interviews with a variety of individuals in the juvenile court system, observed court proceedings, spoke with detained and incarcerated juveniles and their families, and synthesized data on the juveniles in the court system. The study found that juveniles are routinely permitted to waive counsel in many counties despite Georgia's statutory requirement that juveniles be guaranteed the right to counsel at all stages of delinquency proceedings. Also, the fragmented system of defense services for indigent juveniles results in a varying and inconsistent quality of representation for juveniles in various counties. Caseloads for defense attorneys serving the juvenile court have been estimated as high as 900 cases a year, which inevitably reduces the amount of time spent on each case and a resulting deterioration in the quality of defense services. Some juvenile courts in the State are inclined to presume that the juveniles brought before them have committed the offenses with which they are charged, so they may be eligible for rehabilitative interventions. Consequently, defense attorneys are often viewed as impediments to delinquency proceedings. Further, the many guises in which probation officers function in the case processing of juveniles is often confusing to the juveniles; they do not know whether a probation officer is a legal advocate or an adversary. The study recommends the establishment of a statewide public defender program that is organized by judicial circuit and staffed with full-time defense attorneys with effective access to qualified investigators, social workers, and other necessary support resources. Also, attorneys for juveniles should be appointed as early as possible in case processing, with representation continuing with the same attorney until the case is concluded. Other recommendations pertain to the monitoring of the juvenile defense system, the development of minimum practice standards, training for defense attorneys, and the development of standards to ensure the functioning of probation officers as neutral parties in a case. Recommendations related to defense services address diversion and community-based treatment alternatives for juveniles. 58 notes