Juvenile Indigent Defense Data & Information

Juvenile Indigent Defense Delivery System

The State Board of Public Defense was established in 1986 as a part of the judicial branch of the government, free from administrative control. Minn. Stat. Ann. § 611.215(a). The board consists of seven members, four appointed by the State Supreme Court and three by the governor. Minn. Stat. Ann. § 611.215(a). The board is responsible for approving and recommending a budget to the legislature, for distributing funding “to the state and district public defenders and to the public defense corporations” and for establishing standards for state and district public defenders. Minn. Stat. Ann. § 611.215. If a child cannot afford counsel the court shall appoint counsel at public expense. Minn. Juv. Ct. R. P. 3.02. If counsel is waived, the court shall appoint standby counsel. Minn. Juv. Ct. R. P. 3.02.

Determination of Indigence

A child is deemed financially unable to obtain counsel if they cannot procure adequate representation without a substantial hardship for themselves or their family. Minn. Juv. Ct. R. P. 3.06. Counsel will still be appointed even if the child and his family are able to pay a part of the cost. Minn. Juv. Ct. R. P. 3.06. If the child cannot afford competent representation, and the parent is able but refrains from doing so, the court shall appoint counsel at public expense. Minn. Juv. Ct. R. P. 3.06. This order may be at parental expense depending on their ability to pay. Minn. Minn. Juv. Ct. R. P. 3.06.

Juvenile Court Rules

Click here for Minnesota Rules of Juvenile Procedure.

Ages of Juvenile Court Jurisdiction

  • The youngest age at which a juvenile can be adjudicated delinquent is 10. Matter of Welfare of S.A.C., 529 N.W.2d 517 (Minn. Ct. App. 1995).
  • A juvenile who commits a crime after attaining the age of 18 will no longer be under the jurisdiction of the Juvenile Court. Minn. Stat. Ann. §§ 260B.007, 260B.101.
  • The Juvenile Court can retain jurisdiction of a juvenile who committed a crime prior to his/her 18th birthday until he/she turns 21. Minn. Stat. Ann. § 260B.193. Specifically:
    • (a) The court may retain jurisdiction until the individual becomes 19 years of age if the court determines it is in the best interest of the individual to do so.
    (b) The jurisdiction of the court over an extended jurisdiction juvenile, with respect to the offense for which the individual was convicted as an extended jurisdiction juvenile, extends until the offender becomes 21 years of age, unless the court terminates jurisdiction before that date.
    (c)The Juvenile Court has jurisdiction over a person who has been adjudicated delinquent, has been found to have committed a delinquent act, or has been charged by juvenile petition until the person's 21st birthday if the person fails to appear at any Juvenile Court hearing or fails to appear at or absconds from any placement under a Juvenile Court order.

Right to Counsel Provision

The child has the right to effective assistance of counsel in connection with a proceeding in juvenile court. This right does not apply to a child who is charged with a status offense (juvenile petty offense as defined in Minn. Stat. Ann. § 260B.007(16)), unless the child is charged with a repeat alcohol or controlled substance offense and may be subject to placement in substance abuse treatment (as provided in Minn. Stat. Ann. § 260B.235(6)). Minn. Stat. Ann. § 260B.163; Minn. Juv. Ct. R. P. 3.01.

Waiver of Counsel Provision

  • A child may waive their right to counsel if waiver is made knowingly, intelligently and voluntarily; any waiver shall be in writing or on the record. The child must be fully and effectively informed of the child’s right to counsel and the disadvantages of self-representation by an in-person consultation with an attorney, and counsel shall appear with the child in court and inform the court that such a consultation occurred. In determining whether the child has knowingly, voluntarily and intelligently waived the right to counsel the court shall look at the totality of the circumstances… The court shall inquire to determine if the child has met privately with the attorney, and if the child understands the charges and proceedings, including the possible disposition any collateral consequences and any additional facts essential to a broad understanding of the case. Minn. Juv. Ct. R. P. 3.04.
  • Conditions that prevent the juvenile from waiving his/her right to counsel: Any child subject to competency proceedings shall not be permitted to waive counsel. Minn. Juv. Ct. R. P. 3.04.
  • Extra safeguards if child waives his/her right to counsel: If the child waives counsel in a proceeding based on a felony, gross misdemeanor, in a proceeding in which out of home placement is proposed, in a probation violation and modification of disposition for delinquent child, and in a detention hearing stand-by counsel shall be appointed. Minn. Juv. Ct. R. P. 3.02.

Transfer to Adult Court
Click here for the National Center for Juvenile Justice’s summary of this state’s transfer provisions.

Detention Statutes

  • Code Section and Rules of Court: Minn. Stat. Ann. §§ 260B.175 260B.176, 260B.178, 260B.181, 260B.185; Minn. Juv. Ct. R. P. 5.03, 5.04, 5.05, 5.07, 5.08, 13.02.

  • Detention Hearing: Within 36 hours, excluding weekends and holidays if held in juvenile facility; within 24 hours, excluding weekends and holidays, if held in adult facility.
  • Appointed Counsel at Detention Hearing: Yes. Notice of detention is sent to public defender. Minn. Juv. Ct. R. P. 5.05. If right is waived, stand-by counsel appointed. Minn. Stat. Ann. § 260B.163. However, no right to counsel for status offenses. Minn. Stat. Ann. § 260B.143.

Disproportionate Minority Confinement
Click here for the Burns Institute’s summary of DMC information regarding this state.

Life Without Parole

  • There are 2 youths serving life without parole sentences in the state of Minnesota.
  • Minnesota has 0.66 per 100,000 14-17 year olds serving life without parole sentences ranking it 35th out of the 40 states covered in the Amnesty International USA report The Rest of Their Lives: Life Without Parole for Child Offenders in the United States (2005).
  • The minimum age for prosecution as an adult is 14.
  • The minimum age for sentencing a youth to life without parole is 14.
  • Minnesota has mandatory life without parole sentencing.

Source: Amnesty International USA, The Rest of Their Lives: Life Without Parole for Child Offenders in the United States (2005). Data provided from 38 state correctional departments and additional other sources for the states of Alabama and Virginia.

Assessments

Please contact the National Juvenile Defender Center if you are interested in partnering with us to fundraise, plan, conduct, and write an assessment in this state.

 

Current through August 2005