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local juvenile rule 3

JUVENILE RULE 3: RULES RELATING TO JUVENILE JUSTICE

A. WAIVER FORMS

At every hearing in Juvenile Justice Court when the youth wishes to enter an admission or no contest plea to one (1) or more counts in a Petition, the youth and youth’s attorney must use and present to the Court a Waiver Form (Local Form JV-2032 ) at the time of entering the admission.

B. INSPECTION OF LAW ENFORCEMENT LOCK-UPS AND ACCESS TO RECORDS

(1) Pursuant to W & I Code Section 209, the Juvenile Justice Commission will conduct an annual inspection of all law enforcement facilities in Santa Clara County which contain a lockup for adults which, in the preceding year, was used for the secure detention of any youth.

(2) The results of each inspection must be presented in writing to the Presiding Judge of the Juvenile Court or the Supervising Judge of the Juvenile Justice Court during the calendar year.

(3) The Santa Clara County Juvenile Justice Commission may inspect the case files of the Santa Clara County Probation Department Placement Unit on the condition that no information in the files may be photocopied and no information on the identity of a particular youth or family is permitted to be directly or indirectly recorded. Further, no information may be disseminated to anyone other than the members of the Juvenile Justice Commission, the Probation Department, and the Court. All information received must remain confidential.

C. YOUTH ELIGIBLE FOR DEFERRED ENTRY OF JUDGMENT (W & I CODE SECTION 790 ET SEQ.)

(1) In order to assist in determining suitability of youth for the Deferred Entry of Judgment (“DEJ”) Program and to comply with CRC 5.800, the Probation Department must prepare a report with a recommendation on the suitability of the youth for DEJ utilizing the factors in CRC 5.800(d)(3)(A) once the District Attorney has determined DEJ eligibility, stamped the Petition, and filed the Determination of Eligibility – Deferred Entry of Judgment – Juvenile (Judicial Council Form JV-750 ) case with the Clerk's Office.

D. REPRESENTATION OF PARTIES (W & I CODE SECTION 634.3; CRC 5.664)

(1) Experience, Training and Education of Attorneys

a. General Competency Requirement

All Court-appointed attorneys appearing in Juvenile Justice proceedings must meet the minimum standards of competence set forth in these Rules. Such attorneys must:

i. Provide effective, competent, diligent, and conscientious advocacy and make rational and informed decisions founded on adequate investigation and preparation;

ii. Provide legal representation based on the client’s expressed interests, and maintain a confidential relationship with the youth;

iii. Confer with the youth prior to each court hearing, and have sufficient contact with the youth to establish and maintain a meaningful and professional attorney-client relationship, including in the postdispositional phase;

iv. When appropriate, delinquency attorneys should consult with social workers, mental health professionals, educators, and other experts reasonably necessary for the preparation of the youth’s case, and, when appropriate, seek appointment of those experts pursuant to Evidence Code Sections 730 and 952.

b. Standards of Education and Training

i. In order to be appointed to represent youth in Juvenile Justice Court, an attorney must have either 1) dedicated at least fifty percent (50%) of their practice to Juvenile Justice and demonstrate competence or 2) completed a minimum of twelve (12) hours of training during the most recent twelve (12) month period in the area of Juvenile Justice. Attorney training must include:

  • 1. An overview of Juvenile Justice law and related statutes and cases;
  • 2. Trial skills, including drafting and filing pretrial motions, introducing evidence at trial, preserving the record for appeal, filing writs, notices of appeal, and posttrial motions;
  • 3. Advocacy at the detention phase;
  • 4. Advocacy at the dispositional phase;
  • 5. Child and adolescent development, including training on interviewing and working with adolescent clients;
  • 6. Competence and mental health issues, including capacity to commit a crime and the effects of trauma, child abuse, and family violence, as well as crossover issues presented by youth involved in the Juvenile Justice system;
  • 7. Police interrogation methods, suggestibility of youth, and false confessions;
  • 8. Counsel's ethical duties, including racial, ethnic, and cultural understanding and addressing bias;
  • 9. Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth;
  • 10. Understanding of the effects of and how to work with victims of human trafficking and commercial sexual exploitation of children and youth;
  • 11. Immigration consequences and the requirements of Special Immigrant Juvenile Status;
  • 12. General and special education, including information on school discipline;
  • 13. Extended foster care;
  • 14. Substance abuse;
  • 15. How to secure effective rehabilitative resources, including information on available community-based resources;
  • 16. Direct and collateral consequences of court involvement;
  • 17. Transfer of jurisdiction to Criminal court hearings and advocacy in adult court;
  • 18. Appellate advocacy; and
  • 19. Advocacy in the postdispositional phase.

ii. To remain eligible for appointment to represent youth, attorneys must engage in annual continuing education in the areas identified in Rule 3(D)(1)(b)(i), as follows:

  • 1. Attorneys must complete at least eight (8) hours per calendar year of continuing education, for a total of twenty four (24) hours, during each MCLE compliance period.
  • 2. An attorney who is eligible to represent youth for only a portion of the corresponding MCLE compliance period must complete training hours in proportion to the amount of time the attorney was eligible. An attorney who is eligible to represent youth for only a portion of a calendar year must complete two (2) hours of training for every three (3) months of eligibility.
  • 3. The twelve (12) hours of initial training may be applied toward the continuing training requirements for the first compliance period.
  • 4. Each individual attorney is responsible for complying with the training requirements in this Rule; however, offices of the public defender and other agencies that work with youth are encouraged to provide MCLE training that meets the training requirements in Rule 3(D)(1)(b)(i).
  • 5. Each individual attorney is encouraged to participate in policy meetings or workgroups convened by the juvenile court and to participate in local trainings designed to address county needs.

iii. The Court may require evidence of the competency of any attorney appointed to represent a youth in a Juvenile Justice proceeding, including requesting documentation of trainings attended. The Court may also require attorneys who represent youth in Juvenile Justice proceedings to complete Declaration of Eligibility for Appointment to Represent Youth in Delinquency Court (Judicial Council Form JV-700 ).

 

(Effective 1/1/2022)

 


Juvenile Rules of Court: Summary - Intro - 1 - 2 - 3 - 4
List of attached Juvenile local forms

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