Bill would ensure legal representation for juveniles

Juveniles appearing before the court would be ensured legal representation under a bill heard by the Judiciary Committee Jan. 26.

Under LB158, 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.

Pansing Brooks said access to counsel for juveniles varies widely across the state. She said juveniles in some counties have no access to a lawyer, regardless of the seriousness of the pending charges.

“That a child’s access to counsel is dependent upon where they live just isn’t acceptable,” she said. “Why should one child have their constitutional rights guaranteed while a juvenile in another county does not?”

The bill also requires any legal counsel representing a juvenile to continue representation through post-dispositional proceedings unless the juvenile requests new counsel.

Representing Voices for Children in Nebraska, Juliet Summers supported the bill, saying young people need adequate legal representation when facing juvenile court judges.

“Every child in Nebraska deserves equal protection under the law,” Summers said. “This bill would ensure youth across our state have meaningful protection for one of their most basic rights: right to legal counsel.”

Kim Hawekotte, executive director of the state Foster Care Review Office, also testified in support of the bill. She said fewer youth would end up in out-of-home placements with adequate legal counsel to help them navigate the justice system.

“We could keep many of these youth from going deeper in the system [with LB158],” she said. “Justice by geography does not work. We need justice for all our youth.”

Elaine Menzel, representing the Nebraska Association of County Officials, opposed the bill, saying that a lack of funding and resources would make it difficult to implement the proposed requirements.

“Over one-third of the state’s counties are represented by less than three attorneys,” Menzel said. “You also may not have an attorney conversant in juvenile law and may not be able to provide adequate counsel.”

The committee took no immediate action on the bill.