November CBA Report

8 / 36

most impact on the trajectory of their lives
for the better.
Chang serves as juvenile trial counsel for the Office
of the Hamilton County Public Defender. She
is the current chair of the Juvenile Law Practice
Group. Arieira is a youth reentry advocate for the
Children’s Law Center Inc.
1 See e.g. Montgomery v. Louisiana, U.S. _, 136 S.Ct. 718,
733-34, 193 L.Ed.2d 599 (2016); Miller v.Alabama, _
U.S. _, 132 S.Ct. 2455, 2464, 183 L.Ed.2d 407 (2012);
J.D.B. v. North Carolina, _ U.S. _, 131 S.Ct. 2394, 2403,
180 L.Ed.2d 310 (2011); Graham v. Florida, 560 U.S. 48,
130 S. Ct. 2011, 2026, 176 L.Ed.2d 825 (2010); Roper v.
Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1
(2005);
2 See e.g. In re C.P., 131 Ohio St.3d 513, 2012-Ohio-1446;
State v. Moore, ___ Ohio St.3d __, Slip No. 2016-Ohio-
8288, ___ N.E.3d. ___; State v.Aalim, _ Ohio St.3d _,
2016-Ohio-8278, _N.E.3d_ .
3 Children’s Law Center, Petition to the Ohio Supreme
Court to ProhibitWaiver of Counsel (hereinafter CLC
Petition),
(last visited September 29, 2017).
4 Children’s Law Center, Implementation of Ohio Juve-
nile Rule 3: Meaningful Consultation and Disadvantages
of Self-Representation,
(last visited September 29,
2017).
5 The rate of waiver was calculated by county, comparing
the total number of delinquency and unruly cases ter-
minated in 2015 to the total number of cases in which
a public defender or private appointed counsel billed
OPD for reimbursement.
6 See CLC Petition.
7 Ohio Admin. Code 120-1-03(B)(4).
8 Courts can also order non-indigent parents to pay for
the costs of court-appointed counsel. Ohio Admin.
Code 120-1-05.
9 Standards of Representation in Juvenile Delinquency
Cases, available at
Juvenile/DOC052417-05242017104928.pdf
10 Ohio Admin. Code 120-1-10 (K)While the training and
experience requirements have increased, the Public
Defender Commission recognizes that there may be
exceptional circumstances that require appointment of
counsel without the requirements. Ohio Admin. Code
120-1-10 (P).
11 To learn more about JTIP, see
jtip/.
12 To learn more about the assessments,see http://njdc.
info/our-work/juvenile-indigent-defense-assessments/
13 Available at:
Snapshot-Final_single-4.pdf
14 Id. at 7.
15 Id. at 36.
16 See Jodi L.Viljoen, and Ronald Roesch. Comptence to
Waive Interrogation Rights and Adjudicative Competence
in Adolescent Defendants: Cognitive Development,Attorney
Contact, and Psychological Symptoms. Law and Human
Behavior,Vol. 29, No. 6, 724.
17 See Barry Holman & Jason Ziedenberg, The Dangers
of Detention:The Impact of IncarceratingYouth in Deten-
tion and Other Secure Facilities, Just. Pol’y. Inst. (2011)
available at:
load/06-11_rep_dangersofdetention_jj.pdf.
18 Id.
19 Id.
20 National Juvenile Defender Center, Innovation Brief:
Avoiding and Mitigating the Collateral Consequences
of a Juvenile Adjudication,
(last visited October 2, 2017).
8 l November 2017 CBA REPORT
Cover Article