Juveniles Have Right to Counsel in Truancy Cases, Wash. Appeals Court Says
Reversing a trial judge, a Washington appeals court struck down today as unconstitutional a state law permitting a juvenile accused of chronic truancy to have his or her case initially adjudicated even if the child is not represented by a lawyer.
Due process requires that the school district be required to prove its case before a student potentially is disciplined in the juvenile court system, and that the child be allowed to explain the situation, which may be difficult or impossible in open court, the Washington Court of Appeals explains in its written opinion. The only reason not to provide a lawyer is the cost, the court writes—and counsel can be highly cost-effective when a lawyer helps a child obtain a more appropriate result than he or she is likely to win alone.
“The initial truancy hearing provides no procedural safeguards to protect the child’s rights, and it is undeniable that the child cannot be expected to protect them herself. Errors in the proceedings are therefore likely, and the risks to the child’s liberty interests are great,” the court writes. “Representation is required to ensure that the child understands her rights and the consequences of a truancy finding, that the district is held to its statutory duties and standard of proof, and to ensure that the child can explain her circumstances and respond to any suggested changes in her education program.
The case is Bellevue School District, Respondent V. E. S., Appellant. Additional details are provided in a brief Seattle Times article.
