Juvenile Division 

The Office of the Ohio Public Defender created a Juvenile Section, a sub-part of the Legal Division, in 1993 in cooperation with the Ohio Department of Youth Services (ODYS). In 2002, the Juvenile Section won reversals for over 50 juvenile cases due to improper procedures at trial, and won a major victory in the Supreme Court of Ohio in In re Cross, 2002-Ohio-4183.  In Cross, the Supreme Court of Ohio held the juvenile court does not have jurisdiction to re-impose a suspended commitment to the Department of Youth Services facility after a juvenile has been released from probation.

The contract with ODYS has since ended, and the Juvenile Section was phased out of the office in 2002 due to budget cuts. After the study Justice Cut Short: An Assessment of Access to Counsel and Quality of Representation in Delinquency Proceedings in Ohio was released in 2003 by the American Bar Association and the Central Juvenile Defender Center, the office was able to regain funding from the General Assembly that was specifically designated to re-create the Juvenile Section.  Since 2004, the office has maintained a Memorandum of Understanding with ODYS, that allows our attorneys legal access to ODYS facilities and the youth they incarcerate.  The Juvenile Division attorneys represent youth on fact or duration of confinement issues.

In 2007, Assistant State Public Defender Amanda Powell won a major victory for Ohio's youth in In re C.S., 2007-Ohio-4919.  In C.S., the Supreme Court of Ohio reiterated the importance of a juvenile's right to be represented by counsel in a delinquency proceeding.  The Court determined that although a juvenile may waive their right, there is a strong presumption against waiver of the constitutional right to counsel.  And, a totality-of-the-circumstances analysis is the proper test to be used in ascertaining whether there has been a valid waiver.

In January 2008, Ohio Public Defender Tim Young transformed the Juvenile Section to its own Division, similar in stature to the Legal and Death Penalty Divisions in the office.  The Juvenile Division currently represents youth, who range in age from ten to twenty-one years old, who have been committed to the Ohio Department of Youth Services on appeal, post-conviction matters, detention credit issues, and early release.  The attorneys in the Juvenile Division also enjoy collaborating with local counsel and county public defender offices and accept cases for appeal on emerging legal issues.  We strongly believe our continued presence in the area of juvenile justice is important to the overall integrity of the juvenile system.

“[N]either the Fourteenth Amendment nor the Bill of Rights is for adults alone.”

“Under our Constitution, the condition
of being a boy does not justify a
kangaroo court.”

“Unless appropriate due process of law is followed, even the juvenile who has violated the law may not feel that he is being fairly treated and may therefore resist the rehabilitative efforts
of court personnel.”

In re Gault (1967), 387 U.S. 1