California Assembly Bill AB703 Amended / Bill

 BILL NUMBER: AB 703AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 23, 2015 INTRODUCED BY Assembly Member Bloom FEBRUARY 25, 2015 An act to  amend Section 634.6 of, and to add Section 634.3 to,   add Section 634.3 to  the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGEST AB 703, as amended, Bloom. Juveniles: attorney qualifications. Existing law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge such person to be a ward of the court, except as specified. 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  counsel appointed in youth proceedings to, among other things, have sufficient contact with the minor to establish and maintain a meaningful and professional attorney-client relationship, including in the postdispositional phase of the proceedings. The bill would also require  the Judicial Council, by July 1, 2016, to adopt rules of court regarding, among other things, the establishment of minimum hours of training and  education   education, or sufficient recent experience in delinquency proceedings in which the attorney has demonstrated competence,  necessary to be appointed as counsel in delinquency proceedings, and the establishment of required training areas and encouraging public defender offices and other agencies that represent minors in delinquency cases to provide juvenile delinquency training.  Existing law requires counsel, upon entering an appearance on behalf of a minor, to continue to represent that minor unless relieved by the court.   This bill would specify that representation to include every stage in juvenile proceedings, including postdisposition.  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. The Legislature finds and declares all of the following: (a) As representing minors in the juvenile justice system has become much more complex, and the potential consequences of juvenile involvement in the juvenile justice system have become more severe than when the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code) was enacted, delinquency attorneys need specialized skills, education, and training to ensure competent representation of minors in juvenile delinquency court. (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. (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. SEC. 2. Section 634.3 is added to the Welfare and Institutions Code, to read: 634.3. (a) Counsel appointed pursuant to Section 634 to represent youth in proceedings under Sections 601 and 602 shall do all of the following: (1) Provide effective, competent, diligent, and conscientious advocacy and make rational and informed decisions founded on adequate investigation and preparation. (2)  Represent the expressed interests of the minor,   Provide legal representation based on the client's expressed interests,  and maintain a confidential relationship with the minor. (3) Confer with the minor prior to each court hearing, and have sufficient contact with the minor to establish and maintain a meaningful and professional attorney-client  relationship.   relationship, including in the postdispositional phase.  (4) When appropriate, delinquency attorneys should consult with social workers, mental health professionals, educators, and other experts reasonably necessary for the preparation of the minor's case, and, when appropriate, seek appointment of those experts pursuant to Sections 730 and 952 of the Evidence Code.  (5) Nothing in this subdivision shall be construed to modify the role of counsel pursuant to subdivision (b) of Section 657.  (b) By July 1, 2016, the Judicial Council, in consultation and collaboration with delinquency defense attorneys, judges, and other justice partners including child development experts, shall adopt rules of court to do all of the following: (1) Establish minimum hours of training and  education   education, or sufficient recent experience in delinquency proceedings in which the attorney has demonstrated competence,  necessary in order to be appointed as 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. (2) Establish required training areas that  may  include, but are not limited to,  developments in   an overview of  juvenile delinquency  law, motion practice,   law and procedure,  child and adolescent development, special education, competence and mental health issues,  child abuse and neglect,  counsel's ethical duties, advocacy in the postdispositional phase, appellate issues, direct and collateral consequences of court involvement for a minor, and securing effective rehabilitative resources. (3) 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. (4) Provide that experts whose appointment is requested by delinquency attorneys, and social workers employed to work with the delinquency attorney, are agents of the attorneys and require those experts and social workers 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) 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.  SEC. 3.   Section 634.6 of the Welfare and Institutions Code is amended to read: 634.6. Any counsel upon entering an appearance on behalf of a minor shall continue to represent that minor at every stage in juvenile proceedings, including postdisposition, unless relieved by the court upon the substitution of other counsel or for cause. Indigent juveniles should be represented by the public defender whenever possible.