California Legislature—2015–16 Regular Session

Assembly BillNo. 703


Introduced by Assembly Member Bloom

February 25, 2015


An act to amend Section 634.6 of, and to add Section 634.3 to, the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 703, as introduced, Bloom. Juveniles: attorney qualifications.

Existing law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge such person to be a ward of the court, except as specified. Under existing law, a minor has the right to counsel of his or her own choice 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, by July 1, 2016, to adopt rules of court regarding, among other things, the establishment of minimum hours of training and education necessary to be appointed as counsel in delinquency proceedings, and the establishment of required training areas and encouraging public defender offices and other agencies that represent minors in delinquency cases to provide juvenile delinquency training.

Existing law requires counsel, upon entering an appearance on behalf of a minor, to continue to represent that minor unless relieved by the court.

This bill would specify that representation to include every stage in juvenile proceedings, including postdisposition.

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

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

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) As representing minors in the juvenile justice system has
4become much more complex, and the potential consequences of
5juvenile involvement in the juvenile justice system have become
6more severe than when the Arnold-Kennick Juvenile Court Law
7(Chapter 2 (commencing with Section 200) of Part 1 of Division
82 of the Welfare and Institutions Code) was enacted, delinquency
9attorneys need specialized skills, education, and training to ensure
10competent representation of minors in juvenile delinquency court.

11(b) Competent legal representation by defense attorneys is
12needed to preserve the integrity of the juvenile justice system,
13prevent wrongful judgments, reduce unnecessary incarceration,
14and help ensure that minors receive the care, treatment, and
15guidance upon which the juvenile justice system is premised.

16(c) It is essential that California’s juvenile delinquency defense
17attorneys have the appropriate knowledge and skills needed to
18meet the demands of this increasingly complex area of legal
19practice. Advances in brain research demonstrate that children and
20adolescents do not possess the same cognitive, emotional,
21decisionmaking, and behavioral capacities as adults. Counsel must
22ensure that these differences are appropriately recognized in the
23attorney-client relationship and defense of the case.

24

SEC. 2.  

Section 634.3 is added to the Welfare and Institutions
25Code
, to read:

26

634.3.  

(a) Counsel appointed pursuant to Section 634 to
27represent youth in proceedings under Sections 601 and 602 shall
28do all of the following:

29(1) Provide effective, competent, diligent, and conscientious
30advocacy and make rational and informed decisions founded on
31adequate investigation and preparation.

32(2) Represent the expressed interests of the minor, and maintain
33a confidential relationship with the minor.

34(3) Confer with the minor prior to each court hearing, and have
35sufficient contact with the minor to establish and maintain a
36meaningful and professional attorney-client relationship.

37(4) When appropriate, delinquency attorneys should consult
38with social workers, mental health professionals, educators, and
P3    1other experts reasonably necessary for the preparation of the
2minor’s case, and, when appropriate, seek appointment of those
3experts pursuant to Sections 730 and 952 of the Evidence Code.

4(b) By July 1, 2016, the Judicial Council, in consultation and
5collaboration with delinquency defense attorneys, judges, and other
6justice partners including child development experts, shall adopt
7rules of court to do all of the following:

8(1) Establish minimum hours of training and education necessary
9in order to be appointed as counsel in delinquency proceedings.
10Training hours that the State Bar has approved for Minimum
11Continuing Legal Education (MCLE) credit shall be counted
12toward the MCLE hours required of all attorneys by the State Bar.

13(2) Establish required training areas that include, but are not
14limited to, developments in juvenile delinquency law, motion
15practice, child and adolescent development, special education,
16competence and mental health issues, child abuse and neglect,
17counsel’s ethical duties, advocacy in the postdispositional phase,
18appellate issues, direct and collateral consequences of court
19involvement for a minor, and securing effective rehabilitative
20resources.

21(3) Encourage public defender offices and agencies that provide
22representation in proceedings under Sections 601 and 602 to
23provide training on juvenile delinquency issues that the State Bar
24has approved for MCLE credit.

25(4) Provide that experts whose appointment is requested by
26delinquency attorneys, and social workers employed to work with
27 the delinquency attorney, are agents of the attorneys and require
28those experts and social workers to adhere to the attorney-client
29privilege under Article 3 (commencing with Section 950) of
30Chapter 4 of Division 8 of the Evidence Code.

31(5) Provide that attorneys practicing in juvenile delinquency
32courts shall be solely responsible for compliance with the training
33and education requirements adopted pursuant to this section.

34

SEC. 3.  

Section 634.6 of the Welfare and Institutions Code is
35amended to read:

36

634.6.  

Any counsel upon entering an appearance on behalf of
37a minor shall continue to represent that minorbegin insert at every stage in
38juvenile proceedings, including postdisposition,end insert
unless relieved
39by the court upon the substitution of other counsel or for cause.
P4    1begin insert Indigent juveniles should be represented by the public defender
2whenever possible.end insert



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