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| Wash. courts shortchange juveniles, report finds |
| By Tacoma News Tribune |
| Published: 01/05/2004 |
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Most kids charged with crimes across Washington aren't getting what they need in court. A recently released state study says public juvenile defense attorneys handle too many cases, don't get good enough training, don't help clients with mental health problems and don't assist them after the court case is concluded. In addition, some counties don't give youngsters lawyers at every court hearing, and state law allows youths to waive their right to attorneys. "It's really sad," said Elizabeth Calvin, a California lawyer and the author of the report, sponsored in part by the American Bar Association. "These are really some of the most needy kids in our state. They're kids who a lot of time have difficult things going on in their lives, and those things are often directly connected to their criminal behavior. "Using public defenders to catch them is an opportunity." It's an opportunity often missed, Calvin's report shows. "I don't think it's so much a criticism of the attorneys," said George Yeannakis, a Seattle University clinical law professor who participated in the study. "The system is sort of stacked against getting effective assistance of counsel." "In part it's money, of course," he said. "But in part, it's custom and tradition that you treat juveniles with less respect, and that translates in the courts into less due process." It's impossible to know which counties defend children the best and worst, because the report's authors keep secret details about who participated - in what Calvin said was an effort to encourage people to talk candidly. Analysts drew their conclusions from face-to-face interviews in six counties with, among others, judges, defense attorneys, prosecutors, social workers and young defendants. They also read 300-question surveys from nearly 100 juvenile defense lawyers in 33 of the state's 39 counties. The report recommends that counties adopt caseload limits endorsed by the state bar association (250 juvenile offender cases per year). A state ombudsman should be created to address complaints about public defense services, and law schools should develop focus areas for lawyers who will represent children, the report says. |
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