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04.18.07
Groups Launch Campaign to Ensure That Ohio Youth Have Access to Lawyers
State Supreme Court Hears Arguments on Minors’ Right to Counsel
COLUMBUS, OH - As the Supreme Court of Ohio today heard arguments on
protecting children’s right to counsel, the American Civil Liberties
Union, the ACLU of Ohio, the Children’s Law Center and the Office of the
Ohio Public Defender announced a statewide campaign to inform young
people of their rights.
Based on analysis of juvenile court cases, the groups estimate that in
several Ohio counties as many as 90 percent of children charged with
criminal wrongdoing are not represented by counsel. Statewide, an
estimated two-thirds of juveniles facing unruly or delinquency
complaints proceed without an attorney.
“Children in Ohio are waiving their right to a lawyer at unusually high
rates compared to the rest of the country, depriving themselves of the
well-known benefits of having counsel to advocate for them,” said Emily
Chiang, a staff attorney with the ACLU Racial Justice Program.
“Educating children about the right to a lawyer at juvenile court
proceedings can only be a good thing, so that the decisions they make
can be as informed as possible.”
As part of the campaign, the groups are distributing thousands of Know
Your Rights cards to school districts and courts across the state. The
cards are also available for download in English or Spanish at
www.aclu.org/lawyersforchildren.
The statewide campaign was launched today as the Supreme Court of Ohio
heard arguments in In Re: Corey Spears, a Minor Child, which
concerns the circumstances under which a juvenile defendant should be
allowed to waive his or her right to counsel. Current Ohio law states
that “(c)ounsel must be provided for a child not represented by the
child’s parent, guardian, or custodian.” But the groups argue that
this law is vague and leads courts to falsely conclude that a parent or
guardian is as competent as an attorney to give legal advice or to act
as a qualified representative of a juvenile defendant in courtroom
proceedings.
Corey Spears was 13 years old when he appeared in Licking County
Juvenile Court on August 9, 2005 on charges of grand theft and a
probation violation. Spears waived his right to an attorney but the
court failed to ensure that he understood what rights he was giving up.
He may now spend up to seven years incarcerated without having had the
benefit of counsel, and without having been afforded adequate due
process of law.
“Kids like Corey routinely give up their right to counsel without
receiving adequate explanation of what it means to proceed without an
attorney,” said Amanda Powell, Assistant State Public Defender, who
argued on behalf of Spears today. “By giving up this right, children in
Ohio are exposed to serious consequences that will follow them long into
their future.”
Many youth also have barriers to understanding the serious charges they
face. In Ohio, almost 75 percent of incarcerated youth need mental
health services, and nearly half need special educational services,
according to studies by mental health and education groups. A growing
number of cases show that youth who are not represented by an attorney
are more likely to enter guilty pleas, even when they may be innocent or
have viable defenses, said the groups.
“All too often, children in Ohio are left to fend for themselves in the
face of daunting legal proceedings,” said Jeffrey Gamso, Legal Director
of the ACLU of Ohio. “Children without lawyers act hastily under the
mistaken belief that their cases will be resolved quickly. This harms
not only the juvenile defendants but society as a whole.”
The Ohio campaign comes in advance of the 40th anniversary of the
landmark United States Supreme Court ruling, In Re Gault. On
May 15, 1967, the Court declared that all children accused of delinquent
acts have the right to counsel in the proceedings against them. The
Gault case, which was filed by the ACLU, stated for the first time
that young persons are entitled to criminal procedural protections.
Since Gault, many state legislatures and state courts have
provided greater protection to safeguard the right to counsel for
minors. A majority of states make it difficult, if not impossible, for
juveniles to waive their right to an attorney in delinquency
proceedings, and provide clear standards regarding the waiver of
counsel. Some states expressly prohibit juveniles from waiving their
right to counsel under any circumstances. Nine states have implemented
statutes that prohibit a child from waiving counsel based on certain age
requirements, and 15 states protect a child’s right to counsel by
mandating specific guidelines such as permitting a child to waive his or
her rights only after consultation with an attorney.
“The Ohio juvenile defense system needs to be reformed to ensure that
the rights of children are protected,” said Kim Brooks Tandy, Executive
Director of the Children’s Law Center. “Justice cannot be administered
fairly when children who come from poor families or who have learning
disabilities are not given the chance to talk to a lawyer.”
Friend-of-the-court briefs were filed on behalf of Spears by the ACLU of
Ohio, Children’s Defense Fund, Children’s Law Center, Justice for
Children Project, Juvenile Law Center, Ohio Association of Criminal
Defense Lawyers and Voices for Ohio’s Children. The briefs and other
legal documents in the Spears case are online at:
www.aclu.org/lawyersforchildren
More information on the statewide campaign in Ohio, including additional
stories of children who waived their right to counsel, is online at:
www.aclu.org/lawyersforchildren
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