Youth Advocacy
Our Mission
For over 30 years, the Youth Advocacy Division (YAD) has worked to ensure that every child from an indigent family in Massachusetts has access to zealous legal representation.
At the heart of YAD is the Youth Development Approach, which recognizes that real justice for young people means more than a fair trial – it means supporting their legal and life success.
Whole-Person Youth Advocacy
YAD staff attorneys, the juvenile defense private panel, social workers, and support staff work together to provide comprehensive services for youth facing legal challenges. We provide legal advocacy alongside conducting needs and strengths-based assessments and facilitating active agency and community partnerships. Our goal: To guide youth through the court process and beyond.
YAD also leads, trains, and provides oversight to a diverse, collaborative juvenile defense bar across Massachusetts. We proudly take a leading role in the fight against racial and ethnic disparities in the Commonwealth’s educational and juvenile justice systems.
Our Division Units
Trial Offices
YAD’s Chief Deputy Counsel and Administration provide leadership and strategic support to nine YAD trial offices across Massachusetts. Find contact information for each office and its staff in our directory.
Private Counsel Trial Unit
Staff & Contact
- Erica M. Cushna, Trial Panel Director
- Email: [email protected]
- Phone: (978) 219-5425 / (978) 219-5430
- Address: 35 Congress Street, Suite 351, Salem, MA 01970
- Melissa Ellis, Esq., Staff Counsel
- Email: [email protected]
- Phone: (508) 484-5787
- Address: 1822 North Main Street, Suite 205, Fall River, MA 02760
- Carly Pedersen, Administrative Assistant
- Email: [email protected]
- Phone: (978) 219-5425
- Address: 35 Congress Street, Suite 351, Salem, MA 01970
Overview
YAD’s private counsel trial panel includes over 280 specially trained attorneys who accept delinquency, youthful offender, appeals, juvenile murder, and DYS representation cases to help young people achieve their legal and life goals.
The majority of juveniles under the age of 18 charged with delinquency matters in Massachusetts are represented by private court-appointed counsel on a case-by-case basis under the auspices of the Committee for Public Counsel Services (CPCS), pursuant to M.G.L. c. 211D. Currently, over 280 private attorneys in the state have been trained and certified to accept assignment of these delinquency cases by CPCS. Many of these attorneys devote a significant portion of their practice to representing juveniles.
In order to do so, attorneys must comply with rigorous CPCS Performance Standards, annual caseload limits, continuing legal education requirements, supervision, oversight, and other requirements. They also must be selected by a county-wide bar advocate program and comply with the program’s contractual obligations, including reporting, training, supervision, and other responsibilities.
Program Operations & Supervision
CPCS contracts with a local bar advocate program in each Massachusetts county to provide a legal services delivery system and professional oversight of private counsel to indigent youth in delinquency, youthful offender, and adult criminal cases. The programs, in turn, contract with qualified private attorneys who are assigned duty days in the district and juvenile courts of the county. Pursuant to contract, private attorneys are assigned private local Resource Attorneys through the bar advocate program to serve as mentors to less experienced counsel.
Additionally, CPCS contracts private attorneys to serve as Juvenile Supervising Attorneys (JSAs) in each county. JSAs provide technical assistance, training, support, and oversight to the private counsel representing juveniles in delinquency and youthful offender cases in the county. JSAs also serve as a liaison between the courts, judges, CPCS, DYS, and other agencies, and provide leadership to the private bar with respect to juvenile practice throughout the state.
If you have a question or concern about your case, please contact Erica Cushna at [email protected].
If you wish to file a complaint against your assigned counsel, please click here.
DYS Panel
Under the direction and supervision of the Trial Panel Director, YAD has a specialized panel of trained and certified attorneys across the state who provide counsel to youth committed to the Department of Youth Services (DYS). In coordination with DYS, YAD offers counsel statewide to all youth who are committed to DYS through all aspects of the commitment process.
After youth are committed by the court to DYS and serve their initial time in custody, they are released into the community under an agreement similar to parole called the Grant of Conditional Liberty (GCL). The GCL includes conditions such as obeying all laws, attending school regularly, and staying in contact with the DYS caseworker. When a caseworker believes that a youth is not following the conditions of the GCL, they may decide to return the youth to secure custody to face an administrative revocation hearing. Attorneys represent youth for all of these phases of their commitment, including GCL revocation hearings.
We are committed to providing our young clients with outstanding advocates who are dedicated to building a strong professional relationship with each client, understanding their diverse circumstances, and meeting their needs.
Staff & Contact
- Erica M. Cushna, Trial Panel Director
- Email: [email protected]
- Phone: (978) 219-5425 / (978) 219-5430
- Address: 35 Congress Street, Suite 351, Salem, MA 01970
- Melissa Ellis, Esq., Staff Counsel
- Email: [email protected]
- Phone: (508) 484-5787
- Address: 1822 North Main Street, Suite 205, Fall River, MA 02760
- Carly Pedersen, Administrative Assistant
- Email: [email protected]
- Phone: (978) 219-5425
- Address: 35 Congress Street, Suite 351, Salem, MA 01970
Grant of Conditional Liberty (GCL) Revocation Panel
After a young person is committed to the Department of Youth Services and serves their initial time in custody, they’re released under a supervision agreement known as the Grant of Conditional Liberty (GCL) – similar to parole. If a caseworker believes a youth is not following their GCL, they may initiate a return to custody and a GCL revocation hearing.
Under the direction of the Trial Panel Director, a specialized group of attorneys provide counsel to youth facing GCL Revocation.
Social Service Advocacy
We are human services professionals bringing holistic education and experience from a range of social service fields who can be hired by court-appointed defense attorneys representing indigent clients across CPCS. We are expected to have a commitment to due process and client-centered representation.
In our roles, we provide strategic, litigation-focused, non-direct services to public and private defense attorneys under the Indigent Court Cost Act (ICCA). Whether an individual is a child, youth, or an adult, our work can improve a client’s chances of successful litigation.
Juvenile Appeals Unit
We are committed to providing our young clients with outstanding appellate advocates who are dedicated to building a strong professional relationship with each client, understanding their diverse circumstances, and to meeting their needs. Clients are represented either by a staff appellate attorney or private attorneys in direct appeals and screenings in delinquency, youthful offender, and juvenile murder cases.
If you are requesting an attorney to review a closed delinquency or youthful offender adjudication, murder conviction, or your sentence, please see “Screenings” below.
If you have a question or concern about your case, please contact Afton Templin, Director of Juvenile Appeals at [email protected].
If you wish to file a complaint against your assigned screening or appellate counsel, please click here.
If you are a trial attorney and would like an appellate attorney assigned in the direct appeal of your case, please click here.
For information on How to Apply to YAD Juvenile Appeals Panel, please click here.
Juvenile Appeals Panel Certification Requirements
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:
- Possess demonstrated proficiency in legal research and writing; and
- Possess at least one of the following:
- 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
- Primary authorship of one or more thoroughly researched and well written appellate briefs; or
- 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
- 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:
- A completed application prior to the next certification training;
- A current resume;
- 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.
- 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:
- 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;
- Remain in good standing with the Board of Bar Overseers;
- Remain in good standing with any other CPCS panel(s) for which counsel is certified;
- 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;
- Provide YAD Appeals with a .pdf of all appellate briefs and collateral motions when filed;
- Maintain regular client contact as required by the performance standards;
- 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;
- Comply with any complaint allegation investigation; and
- 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.
Direct Appeals
A direct appeal is a review by an appellate court of the trial court proceedings to determine whether the proceedings were lawful. Typically, direct appeals are from final judgments after a trial, conditional plea or a motion for new trial, but clients can seek “interlocutory review” of a trial court’s order in limited circumstances.
Any youth who was adjudicated delinquent or as a youthful offender, or convicted of murder or manslaughter, has the right to a direct appeal from a final judgment in Massachusetts. Because youth are indigent as a matter of law, the youth does not have to pay the expenses of the appeal, such as the transcript (the verbatim account of in-court proceedings), and is entitled to the appointment of counsel for the appeal at no cost.
An appeal argues that one or more errors occurred in the trial process. If these mistakes are serious enough, the appellate court will “remand,” or send the case back to the trial court, usually for a retrial. The appellate court does not hear new or additional evidence and does not decide guilt or innocence. Rather, the question the appellate court decides is whether the errors affected the outcome.
Attorneys representing youth on direct appeal meet with clients, review case files, write appellate briefs and argue cases before the Appeals Court or the Supreme Judicial Court of Massachusetts.
Screenings
Unlike a direct appeal, there is no automatic right to counsel to file post-trial motions in cases where the individual pled or where the direct appeal is over. But because the laws and procedures for juvenile cases are constantly evolving, YAD Appeals appoints “screening counsel” to investigate the facts and law to determine if the client would benefit from the assistance of counsel in litigating a post-trial motion.
The screening counsel’s role is limited to conducting an investigation. Screening counsel cannot represent the client in court unless YAD authorizes counsel to pursue a collateral attack of the adjudication, conviction or sentence.
Certain aspects of the attorney-client relationship exist between screening counsel and the client, such as confidentiality. However, screening counsel is not the client’s lawyer in the traditional sense, but is more akin to a legal and factual investigator. Once screening counsel has assessed the factual issues, counsel must apply the law and contemplate possible avenues of relief for the client. As a lawyer, screening counsel is bound by ethical constraints not to advance a frivolous claim.
Once the factual and legal investigation is complete, screening counsel drafts a screening report and submits it to YAD’s Juvenile Appeals Unit. YAD Appeals will then screen the case “in” or “out.” If screened “out,” YAD Appeals will notify the client of the decision, ending the screening process and the screening counsel-client relationship. If screened “in,” YAD Appeals will then authorize counsel to pursue a collateral attack of the adjudication, conviction or sentence.
Recently the Supreme Judicial Court, in Commonwealth v. Francis, 485 Mass. 86 (2020), held that if CPCS screens a case but declines to appoint counsel, any meritorious issue with legal precedent that was not raised during the screening process might later be waived. This decision may adversely impact indigent people who chose to file pro se motions. As such, if you or your loved one has a case you would like to have reviewed, please complete the YAD Screening Inquiry Form and email it to [email protected].
EdLaw Project
We advance education advocacy by addressing one of the root causes of the school-to-prison pipeline: children being pushed out of or failing in school.
The mission of the EdLaw Project is to Shut Down the Cradle-to-Prison™ Pipeline in MA by ensuring that our state’s most vulnerable students receive a stable and quality education through expert holistic, individual, and systemic racially-conscious, student-directed advocacy. Our focus is to provide court-appointed attorneys and social workers with the skills and tools they need to support the educational needs of their clients. We also provide legal representation for students in school discipline, special education, school stability and other areas of education law.
The EdLaw Project is supported in partnership with the Youth Advocacy Foundation, Inc. For more information, please visit YouthAdvocacyFoundation.org.
For advice on an education matter, call our HelpLine at (617) 910-5829 or fill out our intake form.
Resources & Links
Resources for Clients
Explore dedicated resources for court-involved youth and their families.
Resources for Attorneys
CPCS provides materials to assist youth defense attorneys, including practice guides, legal outlines, and sample motions in our Resource Center.