Youth Advocacy

1. Certification to Take Juvenile Appellate Assignments

The Youth Advocacy Division is committed to providing our clients with excellent appellate advocates who are dedicated to building a strong professional relationship with each client, understanding their diverse circumstances, and meeting their needs within the appellate process and outside the legal system. YAD strives to meet these goals by recruiting and maintaining a diverse and inclusive panel of private attorneys who represent a broad range of human difference and experience.

To qualify for the juvenile appellate panel, counsel must be a member in good standing of the Massachusetts bar and:

1. Possess demonstrated proficiency in legal research and writing; and
2. Possess at least one of the following:
   1. One year of trial experience with adult criminal defense, delinquency, youthful offender, juvenile murder, Children and Family Law, SORB, SDP or Mental Health litigation; or
   2. Primary authorship of one or more thoroughly researched and well written appellate briefs; or
   3. A recent judicial clerkship, substantial editing experience for a law journal, primary or ancillary authorship of a law journal article, or other substantial legal research and writing experience; or
   4. Other relevant life or legal experience that has provided the applicant with a unique or personal perspective on juvenile defense work.

Acceptance onto the juvenile appellate panel is on a provisional basis. Once accepted onto the juvenile appellate panel, the attorney must successfully complete the next available certification training and the YAD Appeals mentor program to become a permanent member. The Director of Juvenile Appeals (Director) may grant a waiver of the mentor requirement in some circumstances. Unless such a waiver is granted, the attorney must successfully complete the mentor program to become a permanent member of the panel.

Provisional certification may be revoked at any time for reasons such as failure to comply with mentoring protocols and deficient performance relative to the performance standards Governing Representation of Clients in Juvenile Appeals and Other Post-Trial Matters.

Attorneys certified for juvenile appellate assignments may receive assignments in juvenile delinquency and youthful offender appeals, screenings for collateral motions (new trial, relief from unlawful restraint, revise and revoke), sentencing appeals and other post-adjudication matters. An additional certification process is required to receive juvenile murder appeals and screenings.

2. Application Process

The applicant must submit the following documents:

1. A completed application prior to the next certification training;
2. A current resume;
3. Two legal writing samples totaling no more than 100 pages, of which the applicant is the primary author. If the applicant does not have two samples of primary authorship, one jointly authored sample may be included provided the following are clearly identified: the name and level of involvement of other attorneys; the portions the applicant wrote; and whether anyone edited the portions written by the applicant. Writing samples concerning criminal or delinquency law are preferred but not required. Court investigator or GAL or other similar reports will not be accepted.
4. In addition, the applicant must submit three professional references that are familiar with the applicant’s abilities in legal research and writing, and trial experience and/or appellate practice in adult criminal, juvenile delinquency/youthful offender, juvenile murder, Children and Family Law, SORB, SDP or Mental Health law. References familiar with the applicant’s experience working with adolescent clients are preferred but not required.

3. Training Program

Accepted applicants are required to complete a comprehensive certification training that covers topics including but not limited to: adolescent development, positive youth development, client relationship building as well as communication with parents and guardians, the screening process, the performance standards, and the appellate process.

4. Performance Requirements

By accepting assignments in juvenile appellate and post-trial matters, attorneys agree to comply with all applicable CPCS Performance Standards, including the Performance Standards Governing Representation of Clients in Juvenile Appeals and Other Post-Trial Matters.

The Director of Juvenile Appeals may, at their discretion and when in the interests of a client, require an attorney to file a motion to withdraw from a case and/or remove an appellate or post-trial assignment from the attorney.

5. Assignment Requirements

To maintain certification, attorneys shall accept at least one direct appeal every two fiscal years and at least one screening assignment upon completion of certification training and every two fiscal years thereafter.

Attorneys may apply for a waiver of this requirement. To learn about and apply for a waiver for the current fiscal year please click here. Decisions on whether to grant an individual waiver will be based on the totality of the circumstances including good cause as set forth by the attorney seeking a waiver.

6. Maintaining Certification

To maintain certification, attorneys must:

1. Comply fully with the Performance Standards Governing Representation of Clients in Juvenile Appeals and Other Post-Trial Matters, the Assigned Counsel Manual, the CPCS Court Cost Vendor manual, and the Massachusetts Rules of Professional Conduct;
2. Remain in good standing with the Board of Bar Overseers;
3. Remain in good standing with any other CPCS panel(s) for which counsel is certified;
4. Complete eight hours of CPCS-approved continuing legal education credits per fiscal year (July 1-June 30), subject to waiver or extension as granted by the Director;
5. Provide YAD Appeals with a .pdf of all appellate briefs and collateral motions when filed;
6. Maintain regular client contact as required by the performance standards;
7. Immediately notify the Director of receipt of any notices regarding dismissals pursuant to M.A.C. Rule 19 and comply with any request for information regarding such dismissals;
8. Comply with any complaint allegation investigation; and
9. Comply with any additional performance-related requirement as a result of any complaint investigation.
   
   

Failure to satisfy these requirements may result in removal from the panel.