BILL ANALYSIS Ó AB 703 Page 1 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 AB 703 Page 2 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. AB 703 Page 3 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).) AB 703 Page 4 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 AB 703 Page 5