BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING


          AB  
          703 (Bloom)


          As Amended  April 13, 2015


          Majority vote


           --------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                  |Noes                  |
          |----------------+------+----------------------+----------------------|
          |Judiciary       |10-0  |Mark Stone, Wagner,   |                      |
          |                |      |Alejo, Chau, Chiu,    |                      |
          |                |      |Gallagher, Cristina   |                      |
          |                |      |Garcia, Holden,       |                      |
          |                |      |Maienschein,          |                      |
          |                |      |O'Donneld             |                      |
          |                |      |                      |                      |
          |----------------+------+----------------------+----------------------|
          |Appropriations  |17-0  |Gomez, Bigelow,       |                      |
          |                |      |Bloom, Bonta,         |                      |
          |                |      |Calderon, Chang,      |                      |
          |                |      |Daly, Eggman,         |                      |
          |                |      |Gallagher, Eduardo    |                      |
          |                |      |Garcia, Holden,       |                      |
          |                |      |Jones, Quirk, Rendon, |                      |
          |                |      |Wagner, Weber, Wood   |                      |
          |                |      |                      |                      |
           --------------------------------------------------------------------- 


          SUMMARY:  In order to raise the standards of training and  
          experience of attorneys who represent minors in juvenile  
          delinquency proceedings, this bill requires counsel to have  








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          sufficient contact with clients.  It also requires the Judicial  
          Council to establish minimum hours of training and education  
          necessary for attorneys to be appointed as counsel in juvenile  
          delinquency proceedings.  


          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.  
          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.  


          3)Provides 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.  


          4)Requires that counsel appointed in a dependency case "shall have  
            a caseload and training that ensures adequate representation of  
            the child."  
          5)Requires the Judicial Council to promulgate rules of court that  
            establish caseload standards, training requirements, and  
            guidelines for appointed counsel for dependent minor children.  










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          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, minor one-time costs (less than $100,000) for the  
          Judicial Council to convene the stakeholders and develop and adopt  
          the rules of court.


          COMMENTS:  Under both the Sixth Amendment to the United States  
          Constitution and Article I, Section 15, of the California  
          Constitution, a criminal defendant has the right to the effective  
          assistance of counsel.  (People v. Ledesma (1987) 43 Cal.3d 171,  
          In re Edward S. (2009) 173 Cal.App.4th 387, 406.)  Juveniles have  
          a constitutional right to counsel, and other associated rights to  
          provide due process rights in juvenile proceedings.  (In re Gault  
          (1967) - 387 U.S. 1 [abrogated on other grounds in Allen v. Ill.  
          (1986) 478 U.S. 364].)  An adjudication of delinquency "must  
          measure up to the essentials of due process and fair treatment as  
          required by the Due Process Clause of the Fourteenth Amendment of  
          our Constitution."  (Id., at pp. 30-31.) 


          When minors are tried in the juvenile court, where proceedings are  
          technically not criminal and rehabilitation, rather than  
          punishment, is the goal, imprisonment in state prison cannot be  
          ordered.  Nevertheless, the stakes are high for the minors  
          themselves, as well as their families and communities:


               Even a relatively minor offense exposes youth to  
               life-changing consequences.  Because juveniles have  
               not yet developed mature judgment, delinquency  
               representation requires counsel to have special skills  
               both in the defense of the case and in working with  
               young clients.  Competent representation is needed to  
               preserve the integrity of the justice system, prevent  
               wrongful conviction, and reduce unnecessary  
               incarceration. (Burrell, 314 UC Davis Journal of  
               Juvenile Law & Policy Vol. 16:1 (2012).)










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          The stakes are similarly high in juvenile dependency matters,  
          where parents can lose custody of their children and ultimately  
          have their parental rights terminated and children can be removed  
          from their homes and be placed with strangers.  Recognizing the  
          importance of competent representative in juvenile dependency  
          matters, the Legislature previously imposed training requirements  
          and special duties on attorneys who handle those cases.  


          Response of National Working Groups and Other States - Laws  
          Similar to This Bill.  With the support of the John D. and  
          Catherine T. MacArthur Foundation and under the rubric of the  
          Juvenile Indigent Defense Action Network, the National Juvenile  
          Defender Center drafted a detailed set of standards for over a  
          five-year period.  These standards were drafted, promulgated, and  
          reviewed by multi-disciplinary teams with the guidance and support  
          of juvenile indigent defense experts and consultants from across  
          the nation.  These multi-disciplinary teams were led by juvenile  
          defenders and included public defenders, appointed counsel, law  
          school clinicians, non-profit attorneys, judges, legislators,  
          prosecutors, probation officers, clinicians, government officials,  
          advocates, philanthropists, and a myriad of other juvenile defense  
          stakeholders.  At least partly in response to the MacArthur  
          Foundation work, at least 12 other states have adopted standards  
          for the competence of juvenile delinquency counsel.




          Analysis Prepared by:                                               
                          Alison Merrilees / JUD. / (916) 319-2334  FN:  
          0000195















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