About Juvenile Defense
Louisiana’s System of Juvenile Defense:
There are four specialized juvenile courts in Louisiana created by law and located in Caddo, Orleans, Jefferson and East Baton Rouge Parishes. These specialty courts have original juvenile jurisdiction. In all other parishes, a district court, parish court or city court exercises juvenile jurisdiction. Some parishes, such as Calcasieu, designate individual courts to hear juvenile cases by local rule. A court with juvenile jurisdiction in Louisiana may exercise its jurisdiction for purposes of disposition in a case that has been transferred from another state.
Currently in Louisiana, courts exercising juvenile jurisdiction have original jurisdiction over children and minors under the age of seventeen involved in delinquency proceedings, unless the child’s age and alleged offense are such that the criminal court has exclusive original jurisdiction or if the child’s age and alleged offense permit the District Attorney to institute a waiver of juvenile jurisdiction to the criminal court. Juvenile court jurisdiction over a child can extend until the child is 21 years old. If a child commits a crime while under juvenile court supervision but older than the age of seventeen, then she will be prosecuted as an adult for the new offense.
With only four specialized juvenile courts, juvenile public defense in the rest of the state is often undertaken without adequate training for attorneys or other court agencies. Juvenile delinquency cases are very complex and a specialized force of advocates is needed to ensure that justice is served for children. Juvenile defender need to be aware not only of the procedural rules and constitutional criminal procedures of the adult court system, but also of the enhanced protections and different ideological foundations related to representing children under the laws and best practices of the United States and Louisiana.
Data is not yet available for how many of the state’s 41 judicial districts have a dedicated public defender who handles only juvenile cases. Most juvenile public defenders do not have a juvenile-trained investigator and/or social worker to explore and develop alternatives to incarceration that may be in the client’s best interest.
Newly hired public defenders are often entrusted with juvenile cases, using juveniles as the “test cases” for new defenders to learn how to navigate the system and zealously defend their client’s rights. However, because of the unique nature and complexities of juvenile court, lawyers representing juveniles are often conflicted about their role. Child clients are young, inexperienced and by their very nature, apt to make poor choices, which makes it more difficult to counsel and follow the wishes of juvenile clients. Further, the interest of family members can add another dimension of complexity. Juvenile defenders must make special effort to stay abreast of evolving research on child and adolescent development as well as the available community services that they may use to ensure their client’s right to rehabilitation.
A March 2004 evaluation of the juvenile public defender system found Louisiana failing all 10 national standards relating to juvenile defense. The LJC Report Card may be accessed here
Despite National recommendations that require public defenders to advocate for their clients through every stage of the proceeding, Louisiana provides no support for post-disposition representation. This is especially troubling in light of Louisiana’s history of violent, unsafe prison conditions.
In December 2006, an incident in Jena High School in LaSalle Parish resulted in the arrest of six black high school students. The “Jena 6” galvanized national attention after defendant Michael Bell (who remained in prison from December 2006 until September 2007 on $90,000 bond, later reduced to $45,000) was transferred to adult court, charged wand convicted of convicted by an all-white jury of aggravated second-degree battery and conspiracy to commit aggravated second-degree battery. News reports indicated that Mr. Bell’s public defender did not question the jury, call any witnesses or present any defense. Mr. Bell’s conviction was overturned by a Court of Appeals in September 2007. The remaining defendants’ cases are still pending.
In 2005, the juvenile justice reform movement accomplished a major goal when legislation outlawed the right of a child to waive counsel, or for anyone else to waive counsel on behalf of the child.
Significant problems still exist around the transfer of juveniles to adult court. Often this discretionary decision lies solely with the District Attorney and juveniles are not afforded any representation at this important hearing. Of all the United States, Louisiana has the second largest total prison population of prisoners charged as juveniles who are now serving sentences of life without the possibility parole.
The Public Defender Reform Act of 2007 (Act 307) provides for two juvenile-specific state agency staff: a Deputy Director of Juvenile Defender Services and a Juvenile Compliance Officer.
Advocates have made incredible gains in the juvenile movement. In 2003, Louisiana became nationally recognized for its leadership in reforming a broken juvenile justice system. With the passage of the Juvenile Justice Reform Act of 2003 (Act 1225), then Governor Kathleen Blanco and the Louisiana Legislature ushered in a period of reform in which the notorious Tallulah prison for youth was shut down, conditions were improved in other abusive youth prisons throughout the state, and a commitment was made to both the increased use of alternatives to incarceration for youth and to revamping secure care prisons to be small, therapeutic facilities that were regionalized to keep children closer to their families. Advocates continue to reduce the juvenile population in secured care, improve prison conditions, promote community based alternatives and empower public defenders with the time, tools and training to zealously defend their juvenile clients.