The role of the juvenile defender is highly complex and specialized, and juvenile defenders have fought hard to keep pace with the times. Since the United States Supreme Court’s 1967 ruling in In re Gault, which established that children have the right to counsel in delinquency proceedings, there has been controversy regarding the scope and breadth of that right. Some argue that counsel is simply unnecessary or undesirable in the rehabilitative setting of the juvenile court, while others see no urgency for such appointments when compared to the ever-pressing demands of the adult indigent defense system. Children’s advocates disagree and believe that skilled lawyers are essential to preserving fairness in the juvenile court. Over the years, the rehabilitative ideals of the juvenile court have weakened and changed because of political or philosophical shifts. One thing remains constant, however: children, most of all, need access to competent counsel when they come before the power of the state. Regardless of rehabilitative intentions, the truth remains that when a child’s liberty and freedom are at risk, meaningful access to legal advice and counsel is essential.
The post-Gault effort to implement defender programs required a redefinition of the role of the lawyer in delinquency proceedings, from guardian or intermediary to defender. Implementation of these counsel programs has been slow, spotty, and insufficient, though courts at all levels have consistently acknowledged the important role that juvenile defense counsel must play in helping a child navigate the confounding justice system. Addressing this very issue, the American Bar Association, citing the Code of Professional Responsibility, stated that “... counsel’s principal function is a derivative one; it lies in furthering the lawful objectives of his client through all reasonably available means permitted by law.” This is true for children as well as adults.
Evidence abounds as to the unique and special status of childhood and the impact that immaturity, disabilities, or trauma may have in the case at hand. The juvenile defender must be clear about his or her role and be able keep pace with the growing body of scientific research and legal jurisprudence that applies directly to the representation of chil- dren. Toward that end, two companion products were developed under NJDC’s guidance to integrate the law with best practices and the latest developments regarding defending children. The Juvenile Training Immersion Program (JTIP) that follows and the National Juvenile Defense Standards—a comprehensive set of national standards that seek to guide and inform the ethical and professional performance of juvenile defense attorneys.
Juvenile defenders have a heightened duty to meet their ethical obligations toward their child-clients. JTIP sets forth a framework for representation that is anchored in the law, science, and professional codes of responsibility. The Lessons provide instruction for effective practice ranging from the early and timely appointment of counsel to representation in post-disposition and appellate proceedings. Uniquely, JTIP also acknowledges the important and vital role that juvenile defenders must play in providing holistic advocacy on behalf of youth.
This work builds on a solid foundation laid over the decades by legal scholars, social scientists, ethicists, commenta- tors, and practitioners. We are grateful to those leaders who charted this course. At their best, juvenile defenders are zealous protectors and champions of children’s legal rights and communities seek their partnership in the quest for fairness, justice, and safety. The Juvenile Training Immersion Program strives to steadfastly hone the skills necessary to balance these obligations and values in today’s world.
