Protecting juveniles' right to counsel in Ohio.
J.P. v. Taft was filed in 2004 as a class action on behalf of the nearly 2000 juveniles who are incarcerated in juvenile correctional facilities in Ohio. At the time, Ohio law allowed juveniles to waive their right to legal counsel before they had even met with an attorney to discuss the legal implications of their situation, and in some Ohio juvenile courts, as many as 80% of children appeared in court without counsel. Youths who are not represented by an attorney are more likely to enter in guilty
pleas even when they may have viable defenses or may be innocent. The complaint alleged that the State failed to provide Ohio juveniles with constitutionally adequate access to the courts. In March of 2007, the court approved a settlement in this case, which guarantees that:
(1) all juveniles will be notified during their orientation about their right of access to the courts and how to request legal assistance;
(2) all juveniles who request such assistance will be assigned an attorney; and
(3) all juveniles who have non-frivolous cases will receive assistance in filing a civil rights lawsuit.
Under the settlement agreement, Ohio must send detailed compliance reports each month to the ACLU. These reports are being examined to ensure that the Defendants are complying with the court order.
|
