February 18, 2008
Juvenile Law
I came across an interesting website about Juvenile Law and it got me thinking. If children can be committed to a state prison like the California Youth Authority, and pick up strikes, and be required to register as sex offenders for life, it only seems fair that these same kids should be afforded the same protections that adults receive in adult court. In other words, kids should have the right to bail as well as the right to a jury trial. It was reported that in 2005, out of approximately 21,000 petitions filed in Los Angeles County, only about 57 ended in a court finding that the allegations are “not true,” the juvenile court equivalent of not guilty. Now the statistics can be misleading as many juvenile cases can end up in court ordered informal probation under Welfare & Institutions Code section 654, or 725, or even Deferred Entry of Judgment for felony cases under Welfare and Institutions Code section 790. The Los Angeles Times wrote that the bulk of the blame belonged to panel lawyers who plead their clients out too often since they are under paid receiving approximately $350.00 flat fee per case. For a court appointed panel lawyer, this could mean possibly getting paid less than someone working for McDonald’s if the case is complex and is handed from the start all the way to the conclusion of a trial. The Times concluded the flat fee resulted in lawyers not wanting to go to trial. I don’t think the panel lawyers should get all the blame for the high conviction rate. In fact, I know one of the panel lawyers at one of the juvenile courts is very committed toward his profession. However, I do agree they are underpaid. In fact not all families afford to retain experienced private juvenile attorneys. This one juvenile lawyer I read about won his last three trials in a row as well as had one clients case he got dismissed declared factually innocent. Now getting back to the LA Times article, I don’t recall reading anything about the problem that juveniles are only receiving court trials. I am sure that has a lot to do with the conviction rate as well. Kids should have a right to a jury trial. There is just too much at stake.