OJJDP and the Office for Access to Justice Highlight the Importance of Youth Defense

In August 2024, the Office for Access to Justice hosted its quarterly conveningwith national public defense organizations to discuss youth public defense. During the convening Rachel Rossi, Director of the Office of Access to Justice and Liz Ryan, Administrator of Office of Juvenile Justice and Delinquency Prevention, heard from members of the youth defense community. As a result of the issues raised during this meeting, the following joint blog is being issued to highlight the importance of youth defense.

Nearly 60 years ago, the U.S. Supreme Court transformed juvenile justice by guaranteeing youth the right to counsel in In re: Gault.[1] The Supreme Court noted the critical role a skilled attorney plays in upholding an individual's constitutional rights and concluded that young people require the zealous advocacy of skilled counsel to ensure they are protected from injustice and afforded fair treatment in juvenile justice systems. This blog, issued by the Department of Justice's Office for Access to Justice (ATJ) and Office of Juvenile Justice and Delinquency Prevention (OJJDP), recognizes the continued importance specialized defense counsel play for young people, courts, and the community and the need to invest in and support youth public defenders.

Public defenders serve as critical advocates for young people who encounter the justice system. Going before a judge, understanding their constitutional and statutory rights, investigating and presenting legal defenses, and carefully weighing the implications of probation, pleas, and collateral consequences are but a few of the challenges young people must navigate in delinquency proceedings. Well-trained public defenders who specialize in youth defense are essential to ensuring the fundamental fairness, integrity, and efficiency of the juvenile justice system.

OJJDP has long recognized the important role of public defense. Since fiscal year 2017, OJJDP has invested nearly $14.1 million to support public defense across the country. This funding has supported training and technical assistance for public defenders to help them build expertise in the specialized field of youth defense. These grants have also supported local communities as they assess and improve the availability of legal services, develop holistic service models, and support youth rights through educational initiatives. Recently, OJJDP and ATJ have collaborated to support a $1.5 million effort to build a web-based application to empower young people and their families through a better understanding of how the youth justice system in their jurisdiction operates.

ATJ has also taken an active role in supporting state and local jurisdictions' ability to fulfill their public defense obligations. ATJ serves as the liaison between the Justice Department and public defense organizations and regularly hosts convenings, the most recent of which focused on youth defense and addressed the need for specialized youth public defenders and the role youth public defenders play in addressing racial disparities.[2]ATJ has also promoted and developed the Public Defense Resource Hub, an informational resource for public defense professionals, which includes a compendium of federal funding resources that can support public defense, including youth defense. Additionally, ATJ has led several Department-wide policy initiatives in support of public defense including a national tour focused on promoting public defense careers, which included a focus on youth defense. Finally, ATJ supports litigation that seeks to remedy the nation's ongoing public defense crisis, including through filing a statement of interest affirming that young people's right to counsel is fundamental to due process and the operation of delinquency proceedings.[3]

Despite the significant accomplishments jurisdictions have made since the Supreme Court's 1967 landmark Gaultdecision, there is still work to be done. For example, high caseloads and increasing workloads for existing public defenders, inadequate and disparate compensation for public defense attorneys, and a lack of specialized training and resources for youth public defenders all serve as barriers to youth accessing the representation to which they are constitutionally entitled.[4]

Even when youth have access to counsel, their lawyer may lack the skills and expertise required to provide them with a constitutionally effective defense. For example, in jurisdictions that use a roster of private defense attorneys to provide public defense services, there are often limited training requirements for youth public defenders. In some offices, youth defense is treated as an introductory training assignment for more junior attorneys. Limited training and experience compounded with poor compensation rates lead to lawyers who have little understanding of juvenile court or a developmentally appropriate approach to representation.

This is why specialization in youth defense is critical. Research shows that the brain's prefrontal cortex continues to develop well into a person's twenties. This developmental process makes adolescents more susceptible to risky and impulsive behaviors, which the Academy of Sciences cites as supporting the importance of juvenile-specific counsel and court processing.[5]In Roper v. Simmons, the Supreme Court recognized recent developments in juvenile neuroscience research and noted the cognitive differences of youth, including their comparative "immaturity and irresponsibility"; their unique vulnerability to "negative influences and outside pressures"; and the transitory nature of their personality traits.[6]The legal recognition of this scientific research underscores the complexity of youth representation. Contrary to the common misconception that juvenile court is a "kiddie" court or a lesser form of legal practice, youth defense often involves some of the most complex legal questions and demands continuous efforts to stay informed about evolving laws and best practices to ensure effective representation.

Specialized youth defense counsel can also help protect against biases that are prevalent in the youth justice system. For example, research shows that law enforcement perceives Black boys as young as ten as more culpable of their behavior than White children of the same age.[7]Despite growing awareness of the biases that youth of color face in the juvenile justice system, cases involving Black and Hispanic youth are still more likely to result in out-of-home placement than White youth charged with the same offenses.[8]Well-trained and specialized counsel can help combat these biases and reduce racial and ethnic disparities among youth who encounter the juvenile justice system.[9]

Youth public defenders can also help young people better understand-and potentially avoid-the collateral consequences of involvement with the juvenile justice system. Such involvement can result in the imposition of unreasonable fines and fees,[10]the loss of secure housing, or records that can hinder future employment, education, and military service opportunities. Public defenders are also essential in helping young people and their families avoid the accumulation of debt that can lead to interfamily conflict and make it harder to afford basic necessities. Removing these barriers is critical for successful re-entry, as it reduces the underlying factors that cause young people to offend in the first place, helping to create safer communities.

At the heart of the Supreme Court's decision in Gaultwas the recognition that public defenders are essential to safeguarding the constitutional rights of young people, ensuring that they receive fair treatment and due process of law. One recent study confirmed the link between legal representation for youth and the protection of young people's civil rights.[11]Specifically, the study found that public defenders help safeguard clients' procedural rights, particularly in the juvenile justice system, where fewer procedural protections are in place as compared to the adult justice system.[12]The study further found that competent and aggressive public defenders are a necessary protection for youth to help counter the discretionary nature of the youth justice system.[13]Additional research is needed to fully understand the impact public defenders can have on young people and their communities, including on how specialized multidisciplinary youth defense teams can impact case outcomes or impact racial and ethnic disparities. ATJ and OJJDP recognize the importance of continued research, assessment, and data collection and are committed to supporting future youth defense research.

Financial and human resource investments from states are critical to ensuring that all children have access to qualified and specialized legal counsel, and we are starting to see such investments across the country. In Utah, for example, the state's Juvenile Delinquency Defense Training and Sustainable Capacity Project provides quarterly training for attorneys across the state who are appointed to represent youth. The Utah Indigent Defense Commission has also developed a series of five youth defense practice toolkits that provide education and practical training for a variety of complex issue areas.[14]

These investments must continue after adjudication to ensure that young people have counsel and the resources necessary to help them successfully return to their communities. OJJDP has long recognized the impact that individuals such as educational advocates and social workers can have on successful reentry.[15]In Oregon, for example, young people can work with attorneys to help them navigate the reentryprocess and successfully reengage with their schools upon returning home.[16]Using funds from OJJDP's Second Chance Act program, attorneys with the Portland-area Youth Education Supports (YES) advocate for the educational needs of young people who are released from Oregon Youth Authority facilities. Attorneys and social workers also collaborate to support young people while they are detained to help them plan a successful return to their community, including through developing education transition plans tailored to the young people's individual needs.[17]

Such investments from the state and federal level are essential to safeguarding young people's constitutional rights. Well-trained and specialized counsel help young people understand their rights as they navigate the complex youth justice system and ensure their cases are handled in a fair and unbiased manner. Youth public defenders also help ensure that young people are not burdened with the collateral consequences that so often accompany justice system involvement, such as difficulties with obtaining education, employment, and housing. By supporting equitable outcomes for youth, specialized youth public defenders strengthen communities, ensure resources are used effectively, and assist youth in securing safe and successful futures, rather than coming back into contact with the justice system.

Together, states and federal agencies can help ensure that young people have well-trained and qualified public defenders. As we near the 60^th anniversary of In re: Gault, let us affirm our commitment to protecting children's constitutional rights by making meaningful investments in, and providing unwavering support, for youth public defense.