Guaranteed legal representation for juveniles discussed
Members of the Judiciary Committee heard testimony March 6 on a bill that would ensure that juveniles who appear before the court have legal representation.
Under LB231, introduced by Lincoln Sen. Patty Pansing Brooks, legal counsel would be appointed each time a juvenile court petition is filed. The juvenile and his or her parent or guardian would be informed of the right to retain such counsel as needed.
The bill also would require any legal counsel representing a juvenile to continue representation through post-dispositional proceedings unless the juvenile requests new counsel.
The constitutional right to an attorney is one of the most basic rights of the legal system, Pansing Brooks said. Unfortunately, she said, Nebraska is currently not fulfilling its constitutional responsibility to ensure this right for those in the juvenile justice system.
“That a child’s access to representation is dependent upon where they live just isn’t acceptable,” Pansing Brooks said. “Why should one child have their constitutional rights guaranteed while a child in another part of the state does not?”
A juvenile who waives right to counsel could rescind the waiver at any time. Counsel would not be appointed for a juvenile who participates in a pre-trial diversion program.
The bill would authorize grants to counties to cover the cost of providing legal counsel to indigent juveniles. The Juvenile Indigent Defense Fund would be funded by a $1 fee assessed on all cases filed in county court.
Juliet Summers, representing Voices for Children in Nebraska, spoke in support of LB231. The bill would ensure youth across the entire state have meaningful access to counsel, she said.
“This constitutional imperative is especially important for children who may, by their age and developmental ability, fail to understand the grave nature of their actions, the complicated legal proceedings against them and the potentially life-altering outcomes,” Summers said.
Also supporting the bill was Scott Paul, representing the Nebraska State Bar Association. He said
there are significant equal protection and due process concerns if the right to counsel for juveniles is not provided consistently throughout the state.
“According to the National Defense Center, juveniles who waive counsel are more likely to enter guilty pleas without offering arguments or mitigating circumstances to the court and are more likely to be sent to detention facilities,” Paul said. “So if there has been a waiver [of counsel], it’s imperative the juvenile be reminded of their right to rescind that waiver, which this [bill would do].”
No one testified in opposition to the bill and the committee took no immediate action on it.
