Right to Counsel

Under the Revised ICJ Rules, a state is not specifically obligated to provide counsel in circumstances of revocation or retaking, although in the case of a requisition hearing to effect the non-voluntary return of an absconder, escapee or accused delinquent, a court has the discretion to appoint counsel or a guardian ad litem.

In regard to proceedings which may result in the revocation of parole or probation, a state should consider providing counsel to a juvenile offender if he or she may have difficulty in presenting their version of disputed facts, cross-examining witnesses, or presenting complicated documentary evidence.

The requirement to provide counsel would generally not be required where the juvenile is being retaken and the sending state does not intend to revoke conditional release based on violations that occurred in the receiving state. No liberty interest is at stake because the juvenile has no right to be supervised in another state.

 

 

Refernces:

ICJ Bench Book: Section 4.5.7.2