Bill Text: CA SB988 | 2011-2012 | Regular Session | Amended
Bill Title: Juveniles: attorney qualifications.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-05-24 - Held in committee and under submission. [SB988 Detail]
Download: California-2011-SB988-Amended.html
BILL NUMBER: SB 988 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 23, 2012
AMENDED IN SENATE MARCH 19, 2012
INTRODUCED BY Senator Liu
FEBRUARY 1, 2012
An act to add Section 634.3 to the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 988, as amended, Liu. Juveniles: attorney qualifications.
Existing law provides that any person under 18 years of age who
commits a crime is within the jurisdiction of the juvenile court,
except as specified. Existing law further provides that a minor has
the right to counsel 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 set forth require the
Judicial Council to adopt rules of court regarding the qualifications
of appointed counsel in delinquency proceedings. The bill would
require these rules to include mandatory training and education
standards for defense attorneys representing minors in
delinquency proceedings. and core training areas. The
bill would also require the rules of court to encourage public
defender offices and other agencies that represent minors in
delinquency cases to provide juvenile delinquency training.
Additionally, the bill would require the rules of court to provide
that expert witnesses are agents of the delinquency attorney and must
adhere to the attorney-client privilege. The bill would
further require that an the rules of
court to specify that a juvenile delinquency attorney
be is solely responsible for fulfilling
these requirements and also be responsible for
providing diligent and conscientious advocacy, meeting regularly with
his or her client, maintaining a confidential relationship with the
client, and consulting with professionals when appropriate for the
client's defense. By increasing the duties of these attorneys,
including public defenders, this bill would impose a state-mandated
local program. the imposed by the rules of court. This
bill would also prohibit the rules of court from requiring a
delinquency attorney to undertake specified actions .
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes 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 Legislature finds and declares all of the
following:
(1) As 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) was enacted, delinquency attorneys need specialized skills,
education, and training to ensure proper representation of minors in
juvenile delinquency court.
(2) 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) 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.
(b) (1) Commencing January 1, 2014, defense attorneys in
delinquency proceedings shall complete at least eight hours of
training approved for minimum continuing legal education credit by an
approved State Bar of California agency prior to representing a
juvenile for the first time, and an additional eight hours within the
regular minimum continuing legal education requirements due per
three-year cycle. These training hours may be counted toward the
minimum continuing legal education hours required by the State Bar of
California. The required eight hours of minimum continuing legal
education per three-year cycle shall include developments in juvenile
delinquency law, child development, special education, mental health
issues, child abuse and neglect, counsel's ethical duties, appellate
issues, direct and collateral consequences of court involvement, and
how to secure effective rehabilitative resources.
(2) While public defender offices and agencies contracting to
provide representation under Sections 601 and 602 are encouraged to
provide training that meets the requirements of paragraph (1), each
attorney shall be solely responsible for fulfilling those training
and education requirements. District attorneys in delinquency
proceedings are encouraged, but not required, to pursue education in
the relevant areas.
(c) A defense attorney representing a minor in any proceeding
under Section 601 or 602 shall do all of the following:
(1) Provide diligent and conscientious advocacy and make rational
and informed decisions founded on adequate investigation and
preparation.
(2) Comply with Rule 5.663 of the California Rules of Court.
(3) 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 shall have sufficient contact with
the minor to establish and maintain a meaningful and professional
attorney-client relationship.
(4) Consult with social workers and mental health and other
experts when appropriate for the minor's defense, and seek
appointment, when appropriate, of those experts pursuant to Sections
730 and 952 of the Evidence Code. Experts appointed pursuant to
Sections 730 and 952 of the Evidence Code are agents of the attorney
and shall adhere to the attorney-client privilege.
(d) A defense attorney representing a minor in any proceeding
under Section 601 or 602 is not required to do any of the following:
(1) Assume the responsibilities of a probation officer, social
worker, parent, or guardian.
(2) Provide nonlegal services to the minor.
(3) Represent the minor in any proceeding outside of the
delinquency proceedings.
(4) It is essential that delinquency attorneys provide diligent
and conscientious advocacy and make rational and informed decisions
founded on adequate investigation and preparation.
(5) It is essential that delinquency 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) When appropriate, delinquency 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) On or before January 1, 2014, the Judicial Council shall adopt
rules of court regarding the qualifications of appointed counsel in
proceedings under Sections 601 and 602. These rules shall include,
but are not limited to, the following:
(1) Establishing minimum levels of training and education
necessary in order to be appointed as counsel in delinquency
proceedings. The minimum level of training should not exceed eight
hours, and those training hours shall be counted toward the minimum
continuing legal education (MCLE) hours required of all attorneys by
the State Bar of California.
(2) Establishing core 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.
(3) Encouraging public defender offices and agencies that provide
representation in proceedings under Sections 601 and 602 to provide
training on juvenile delinquency issues. That training shall be
approved for MCLE credit by an agency or provider related to the
representation of minors in proceedings under Sections 601 and 602
and approved by the State Bar of California. District attorneys
should also be encouraged to pursue education in the relevant areas.
(4) Providing that experts whose appointment is requested by
delinquency attorneys are agents of the attorneys and requiring 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.
(5) Providing that attorneys practicing in juvenile delinquency
courts shall be solely responsible for compliance with the training
and education requirements adopted pursuant to this section.
(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.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
