Bill Text: CA SB166 | 2013-2014 | Regular Session | Amended
Bill Title: Juveniles: attorney qualifications.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB166 Detail]
Download: California-2013-SB166-Amended.html
BILL NUMBER: SB 166 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 17, 2014
AMENDED IN SENATE JANUARY 6, 2014
INTRODUCED BY Senator Liu
FEBRUARY 1, 2013
An act to add Section 634.3 to the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 166, as amended, Liu. Juveniles: attorney qualifications.
Existing law provides that subjects
any person under 18 years of age who commits a crime is
within to the jurisdiction of the juvenile
court, which may adjudge such person to be a ward of the court,
except as specified. Existing law further provides
that 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 to establish minimum
hours of training and education necessary in order to be appointed as
defense counsel in delinquency proceedings, and would
provide require that training hours
approved by the State Bar shall be counted toward
Minimum Continuing Legal Education (MCLE). The bill would specify
that these hours do not increase the minimum number of MCLE hours
required of all attorneys by the State Bar. The bill would require
the Judicial Council, by July 1, 2015, to adopt rules of court in
this regard, including, among other things, establishing required
training areas and encouraging public defender offices and other
agencies that represent minors in delinquency cases to provide
juvenile delinquency training. The bill would state legislative
findings and declarations regarding the necessity for specialized
training and education for defense counsel in delinquency
proceedings.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 634.3 is added to the
Welfare and Institutions Code, to read:
634.3. (a) The
SECTION 1. The Legislature finds and
declares all of the following:
(1)
(a) Because representing minors in the juvenile justice
system has become much more complex, and the potential consequences
of juvenile court involvement have become more severe than when the
Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section
200)) 200) of the Welfare and Institutions
Code) was enacted, delinquency defense attorneys need
specialized skills, education, and training to ensure proper
representation of minors in juvenile delinquency court.
(2)
(b) Competent legal representation by defense attorneys
is needed to preserve the integrity of the juvenile justice system,
prevent wrongful judgments, reduce unnecessary incarceration, and
help ensure that minors receive the care, treatment, and guidance
upon which the juvenile justice system is premised.
(3)
(c) It is essential that California's juvenile
delinquency defense attorneys have the appropriate knowledge and
skills needed to meet the demands of this increasingly complex area
of legal practice. Advances in brain research demonstrate that
children and adolescents do not possess the same cognitive,
emotional, decisionmaking, and behavioral capacities as adults.
Counsel must ensure that these differences are appropriately
recognized in the attorney-client relationship and defense of the
case.
(4)
(d) It is essential that delinquency defense attorneys
provide diligent and conscientious advocacy and make rational and
informed decisions founded on adequate investigation and preparation.
(5)
(e) It is essential that delinquency defense attorneys
represent the expressed interests of the minor, meet regularly with
the minor, and maintain a confidential relationship with the minor.
The attorney for the minor should have sufficient contact with the
minor to establish and maintain a meaningful and professional
attorney-client relationship.
(6)
(f) When appropriate, delinquency defense attorneys
should consult with social workers, mental health experts, and other
experts for the minor's defense, and, when appropriate, seek
appointment of those experts pursuant to Sections 730 and 952 of the
Evidence Code.
(b) The
SEC. 2. Section 634.3 is added to the
Welfare and Institutions Code , to read:
634.3. (a) The
Judicial Council shall establish a minimum number of hours of
training and education necessary in order to be appointed as defense
counsel in delinquency proceedings. Training hours that the State Bar
has approved for Minimum Continuing Legal Education (MCLE) credit
shall be counted toward the MCLE hours required of all attorneys by
the State Bar. The minimum number of hours of training and education
established by the Judicial Council pursuant to this section shall
not increase the minimum number of MCLE hours required of all
attorneys by the State Bar.
(c)
(b) By July 1, 2015, the Judicial Council shall adopt
rules of court to do all of the following:
(1) Establish required training areas that include, but are not
limited to, developments in juvenile delinquency law, child and
adolescent development, special education, mental health issues,
child abuse and neglect, counsel's ethical duties, appellate issues,
direct and collateral consequences for a minor of court involvement,
and securing effective rehabilitative resources.
(2) Encourage public defender offices and agencies that provide
representation in proceedings under Sections 601 and 602 to provide
training on juvenile delinquency issues that the State Bar has
approved for MCLE credit. District attorneys should also be
encouraged to pursue education in the relevant areas.
(3) Provide that experts whose appointment is requested by
delinquency attorneys are agents of the attorneys and require those
experts to adhere to the attorney-client privilege under Article 3
(commencing with Section 950) of Chapter 4 of Division 8 of the
Evidence Code.
(4) Provide that attorneys practicing in juvenile delinquency
courts shall be solely responsible for compliance with the training
and education requirements adopted pursuant to this section.
(d)
(c) The rules adopted pursuant to this section shall
not require a delinquency attorney to do any of the following:
(1) Assume the responsibilities of a probation officer, social
worker, parent, or guardian.
(2) Provide nonlegal services or assistance to the minor.
(3) Represent the minor in any proceeding outside of the
delinquency proceedings.
