DELINQUENCY & YOUTHFUL OFFENDER CERTIFICATION

A. Juvenile Delinquency Proceedings

1. Juvenile Delinquency Certification

Attorneys wishing to represent juveniles in delinquency proceedings must have at least one year of high-quality district court (or comparable) trial experience and eight (8) hours of juvenile-specific training within 12 months of application for certification.

Attorneys who wish to apply for certification to represent juveniles in juvenile delinquency cases in the District and Juvenile Court must:

a. Apply for admission into a county bar advocate program (For information on becoming a bar advocate, contact the program in the counties in which you wish to practice. A directory of these programs is included in the CPCS Manual and can be found on the CPCS website. No attorney may be a member of more than two bar advocate programs, except attorneys certified as bilingual by the Committee.);
b. Be accepted onto the panel of attorneys of a county bar advocate program;
c. Complete a required training program to represent adults in criminal matters in the district courts;
d. Provide at least one year of high-quality trial advocacy on behalf of adults charged with criminal offenses in the district courts (or other comparable practice experience), demonstrating full compliance with all relevant Performance Standards (see the CPCS Assigned Counsel Manual);
e. Take eight (8) hours of approved juvenile-specific training within 12 months of application for Juvenile Delinquency certification, in addition to any other annual jury skills training or other CPCS CLE requirements;
f. Demonstrate a commitment to juvenile defense; and
g. Demonstrate a familiarity with the specifics of juvenile justice, including, among other things, adolescent brain development, DYS, DCF, school issues, Administrative hearings, DYS treatment plans, etc.

Initial juvenile delinquency certification is provisional, subject to performance evaluation by the county bar advocate program conducted within 12 to 24 months. The evaluation will include file review of cases prepared for trial, and cases of clients in custody. Cases will be selected for review by the Juvenile Supervising Attorney conducting the evaluation. The certification determination will be based upon evidence of compliance with all relevant Performance Standards set out in the CPCS Assigned Counsel Manual, with particular attention to:

a. Prompt, consistent, and meaningful client communication;
b. Pretrial preparation, including witness interviews and appropriate use of investigators and experts;
c. Legal research and filing of memoranda of law;
d. Conduct of trials and litigation of substantive motions;
e. Cooperation with Juvenile Supervising Attorney, Resource Attorney and/or Mentor; and
f. Lack of substantiated complaints.

2. Maintaining Juvenile Delinquency Certification

Attorneys who wish to maintain their juvenile delinquency certification must fulfill an annual training and educational requirement of at least eight (8) hours of juvenile-specific CLE’s in addition to compliance with all District Court requirements.

Maintenance of the attorney’s juvenile delinquency certification is also contingent upon evidence of compliance with all Juvenile Delinquency Performance Standards set out in the CPCS Assigned Counsel Manual, with particular attention to:

a. Prompt, consistent, and meaningful client communication;
b. Pretrial preparation, including witness interviews and appropriate use of investigators and experts;
c. Legal research and filing of memoranda of law;
d. Conduct of trials and litigation of substantive motions;
e. Cooperation with Juvenile Supervising Attorney, Resource Attorney and/or Mentor; and
f. Lack of substantiated complaints.

3. Certification Restrictions

Juvenile Delinquency certified Attorneys are eligible to represent clients in juvenile delinquency proceedings in the Juvenile Courts and the juvenile session of District Courts, except for potential Youthful Offender matters (see below). Attorneys may also represent indigent juveniles charged with potential Youthful Offender matters in the Juvenile Courts and juvenile sessions of the District Courts for arraignment and bail hearings only. If the attorney is not Youthful Offender certified, s/he must immediately notify the client, court and the Bar Advocate Program of the need for prompt reassignment of a potential Youthful Offender case after the arraignment.

Dangerousness hearings under G. L. c. 276, § 58A are considered substantial proceedings in the case, requiring the same certification as the case in chief. Dangerousness hearings in potential Youthful Offender cases must be handled by Youthful Offender certified attorneys only. If a dangerousness hearing in a potential Youthful Offender case is requested by the prosecutor, assigned counsel lacking certification to handle the case in chief should request a brief continuance and immediately notify the Bar Advocate Program to promptly reassign the case.

Potential Youthful Offender matters involve defendants under the age of 18 (including children too young to be indicted) on the date of the alleged offense, who are either:

a. charged with an offense included in the CPCS list of presumptive Youthful Offender matters (see below, under Youthful Offender Certification) regardless of whether the prosecutor obtains an indictment;

or:

b. charged with any other offense, and the prosecutor indicts the juvenile.

If the juvenile (under age 18 – including children too young to be indicted) is charged with an offense on the CPCS Presumptive Youthful Offender list, regardless of whether the prosecutor seeks to indict the juvenile, then a juvenile delinquency certified attorney may represent the client at the arraignment only. The attorney must immediately notify the client, court and local bar advocate program to promptly assign a Youthful Offender attorney who will represent the client after the arraignment.

If the juvenile (under age 18) is charged with an offense not included in the CPCS Presumptive Youthful Offender list, and the prosecutor obtains an indictment, the juvenile delinquency certified attorney may represent the client only until the indictment is obtained. Once the juvenile is indicted, the attorney must immediately notify the client, court and local bar advocate program to promptly assign a Youthful Offender attorney who will represent the client after the post-indictment arraignment.

Separate certification is required to handle CHINS, care and protection, and termination of parental rights cases (see CAFL certification sections of this chapter regarding these cases).

Initial certification for juvenile delinquency cases is provisional, subject to performance evaluation by the county bar advocate program conducted within 12 to 24 months. The evaluation will include file review of cases prepared for trial and cases of clients in custody. Cases will be selected for review by the Supervising Attorney conducting the evaluation. The certification determination will be based upon evidence of compliance with relevant Performance Guidelines set out in this manual at Chapter 4, with particular attention to:

i. prompt and consistent client communication
ii. pretrial preparation including witness interviews and appropriate use of investigators
iii. legal research and filing of memoranda of law
iv. conduct of trials and litigation of substantive motions
v. cooperation with Resource Attorney
vi. lack of substantiated client complaints.

4. Assignment of Cases

Juvenile Court and District Court cases are assigned through the county bar advocate programs.

5. Performance Requirements

Attorneys who accept assignment on juvenile delinquency cases must represent their clients at all stages of the delinquency proceeding in the Juvenile and District Court.

In the event of a final conviction in the Juvenile Jury Session or the District Court Jury of Six Session, it is the responsibility of the trial attorney to file a Notice of Appeal and Motion to Withdraw and to notify CPCS of the need for appellate counsel to be appointed.

Attorneys are required to represent clients committed to DYS at the Staffing and the Regional Review Team (RRT) meetings.

By accepting juvenile delinquency cases, attorneys agree to abide by the CPCS Performance Standards Governing Representation of Indigent Juveniles in Delinquency and Criminal Cases, which are found in this manual at Chapter 4, and are available online at www.mass.gov/cpcs.

B. Youthful Offender Proceedings

Attorneys who wish to accept assignments in Youthful Offender cases must (1) meet the minimum requirements, and (2) apply and be accepted to the panel.

1. Minimum Requirement:

Applicants who meet the criteria described in any one of the following six categories are eligible to apply to the Chief Counsel for approval for Youthful Offender cases. To apply, the applicant must:
a. Be certified by CPCS to accept murder cases and have juvenile delinquency experience; OR
b. Meet the minimum requirements for certification for murder cases (outlined in this manual) and have juvenile delinquency experience; OR
c. Be certified by CPCS to accept Superior Court cases and have significant juvenile delinquency experience; OR
d. Meet the minimum requirements for certification for Superior Court cases (outlined in this manual) and have significant juvenile delinquency experience; OR
e. Have tried at least five Jury of Six or Superior Court criminal and/or juvenile delinquency jury trials to verdict in the last five years as lead counsel and have significant juvenile delinquency experience; OR
f. Have other significant experience which demonstrates qualification to accept Youthful Offender assignments and demonstrates familiarity with the practice and procedures in the Massachusetts juvenile and criminal courts.

2. Application Procedure:

Attorneys seeking Youthful Offender assignments should complete and submit the following form, together with all requested information as outlined in the application form:

Youthful Offender Certification Application Form

The application, together with attachments, should be sent to:

Erica Cushna, Trial Panel Director
Youth Advocacy Department
Committee for Public Counsel Services
44 Bromfield Street
Boston, MA 02108
The Director of the Youth Advocacy Department, or his or her designee, shall notify the applicant when a decision has been made.

Certification for Youthful Offender assignments is valid for a term of 3 years, after which each attorney may seek recertification. Eight (8) hours per year of relevant legal education are required to maintain this certification.

3. Certification:

Attorneys certified for Youthful Offender cases may accept assignments in the following cases:

For the specific charges listed below, if the defendant was under the age of 18 (including children too young to be indicted) on the date of the alleged offense, only attorneys who are certified for Youthful Offender cases may be assigned to these cases, regardless of whether the prosecutor intends to indict the defendant.

Attorneys certified for Youthful Offender cases may accept assignments in the following cases:

For the specific charges listed below, if the defendant was under the age of 18 (including children too young to be indicted) on the date of the alleged offense, only attorneys who are certified for Youthful Offender cases may be assigned to these cases, regardless of whether the prosecutor intends to indict the defendant.
CPCS Presumptive Youthful Offender Charges:
(ALL Require YO Certification)
October 15, 2014

CPCS.CODE CHAP/SECT DESCRIPTION

024 c.265 §13A(b) A&B, AGGRAVATED
652 c.265 §13j A&B SUBSTANTIAL INJURY TO CHILD
616 c.265 §15A A&B DANG WPN VICTIM 65+ SUBSQ
577 c.265 §13K(c) A&B ON +60 OR DISABLED W/ SERIOUS BODILY
INJURY
S97 c.265 §13F A&B ON RETARED PERSON SUBSQ. OFF.
615 c.265 §15A A&B W/DANG. WPN., VICTIM 65+
576 c.265 §15A(c) A&B WITH DANGEROUS WEAPON, AGGRAVATED
c265 §15A(c)
258 c.265 §15C(b) A&B WITH HYPODERMIC
631 c.265 §22 AGGRAVATED RAPE
625 c.265 §18 ARMED ASS.INT.ROB/MUR 65+ SUBSQ
626 c.265 §18A ARMED ASSAULT IN A DWELLING
623 c.265 §18 ARMED ASSAULT W/INT TO ROB MURDER
624 c.265 §18 ARMED ASSLT W/INT ROB/MUR 65+
200 c.266 §14 ARMED BURGLARY & ASSAULT ON OCC.
622 c.265 §17 ARMED ROBBERY
621 c.265 §17 ARMED ROBBERY WHILE MASKED
611 c.265 §14 ASSAULT W/INT TO MAIM WITH INJ.
638 c.265 §24 ASSAULT W/INTENT TO RAPE A CHILD
637 c.265 §24 ASSAULT W/INTENT TO RAPE, SUBSQ.
S08 c.265 §15 ASSAULT WITH INTENT TO KILL
613 c.265 §15 ASSAULT WITH INTENT TO MAIM
614 c.265 §15 ASSAULT WITH INTENT TO MURDER
636 c.265 §24 ASSAULT WITH INTENT TO RAPE
639 c.265 §24B ASSLT.W/INT.RAPE CHILD,DEF.18+,2D
S07 c.266 §5A ATTEMPT TO BURN BUILDING
S46 c.265 §16 ATTEMPTED MURDER/NO ASSAULT
S80 c.266 §5A ATTEMPTING ARSON
201 c.266 §14 BURGLARY AND ASSAULT IN A DWELLING
501 c.266 §2 BURNING A BUILDING
500 c.266 §1 BURNING A DWELLING HOUSE
502 c.266 §2 BURNING A PUBLIC BUILDING
651 c.265 §21a CARJACKING
702 c.269 §10(a) CARRYING FIREARM W/O LIC. subs 1 thru 5
703 c.269 §10(d) SUBSEQ CARRY FIREARM SECT. 10a, b & c
560 c.272 §9B(a)&(b) CHILD IN NUDE OR CHILD IN SEXUAL ACT,
DISTRIB MATERIAL OF
649 c.265 §37 CIVIL RIGHTS VIOLATION, BODILY INJ.
139 c.269 §12D(b) FIREARM ON WAY, CARRY UNLOADED
LARGE CAPACITY
189 c.269 §12D(a) FIREARM ON WAY, CARRY LOADED
LARGE CAPACITY
711 c.269 §10(n) FIREARMS, CARRY WITH AMMUNITION
243 c.140 §130 FIREARM SALE TO MINOR/ALIEN
224 c.269 §10G(a) FIREARM VIOL. 1 PRIOR VIOLENT/DRUG CRIME
225 c.269 §10G(c) FIREARM VIOL. 3 PRIOR VIOLENT/DRUG CRIMES
666 c.265 §18C HOME INVASION
S41 c.265 §13F INDEC A&B MENTALLY RETARDED PERSON
607 c.265 §13B INDECENT A&B CHILD UNDER 14 SUBSQ
610 c.265 §13H INDECENT A&B ON PERSON 14 OR OVER
606 c.265 §13B INDECENT A&B, CHILD UNDER 14
583 c.265 §13H INDECENT A&B ON +60 OR DISABLED
640 c.265 §26 KIDNAPPING
579 c.266 §102B MALICIOUS EXPLOSION
603 c.265 §13 MANSLAUGHTER
612 c.265 §14 MAYHEM
244 c.267A §2 MONEY LAUNDERING AND SUBSQ.
056 c.90 §24G MV HOMI. UNDER INFL.LIQ. & NEGL
055 c.90 §24G MV HOMI. UNDER INFL.OF DRUGS & NEG.
054 c.90 §24G MV HOMI. UNDER INFL.OF DRUGS,RECKL.
057 c.90 §24 MV HOMI. UNDER INFL.OF LIQ. & REC.
050 c.90 §24G MV HOMICIDE BY NEGLIGENT OPERATION
053 c.90 §24G MV HOMICIDE UNDER INFL. LIQUOR
052 c.90 §24G MV HOMICIDE UNDER INFL. OF DRUGS
048 c.90 §24L(1) OUI LIQUOR & SERIOUS INJURY & NEGLIGENT
049 c.90 §24L(1) OUI LIQUOR & SERIOUS INJURY & RECKLESS
047 c.90 §24L OUI-DRUGS & SERIOUS INJURY &
NEGLIGENT/RECKLESS
245 c.268 §2 PERJURY, SUBORN
S45 c.265 §28 POISONING
704 c.269 §10(c) POSS SAWED-OFF SHOTGUN, POSS MACHINE
GUN
958 c.266 §102, §102A POSSESSION OF AN INFERNAL MACHINE
066 c.269 §10(j) POSSESSION OF FIREARM (ONLY) IN SCHOOL
BUILDING/GROUNDS
587 c.160 §226 RAILROAD, OBSTRUCTING OR ENDANGERING
632 c.265 §22 RAPE
634 c.265 §22A RAPE OF A CHILD, DEF. OVER 18, 2ND
635 c.265 §22A RAPE OF CHILD WITH FORCE
633 c.265 §25 RAPE, SUBSEQUENT OFFENSE
712 c.269 §10,§10E RIFLE/SHOTGUN WITHOUT SERIAL NO., SELL
137 c.269 §12D(a) RIFLE/SHOTGUN ON WAY, CARRY LOADED
185 c.6 §178H SEX OFFENDER FAIL TO REGISTER, SUBSEQUENT
OFFENSE, LEVEL 2 OR 3
S01 c.265 §23 STATUTORY RAPE
703 c.269 §10(d) SUBSEQ CARRY FIREARM SECT. 10a, b & c
678 c.265 §50(a) TRAFFICKING OF PERSON SEXUAL SERVITUDE
679 c.265 §50(b) TRAFFICKING OF PERSON UNDER 18 SEXUAL
SERVITUDE
037 C.266 §102C WEAPON OF MASS DESTRUCTION
The above enumerated charges require assignment of a Youthful Offender attorney, REGARDLESS of the age of the juvenile, and REGARDLESS of the prosecutor’s assurance that s/he will not indict the juvenile.

Attorneys who are not Youthful Offender certified, but who are juvenile delinquency certified, may accept assignment of the above listed cases FOR ARRAIGNMENT ONLY. Delinquency certified attorneys must immediately notify the court and the bar advocate program that the attorney can only represent the client at arraignment. The delinquency attorney must also explain this to the client, and explain that assignment of a Youthful Offender certified attorney will be made immediately after the arraignment. The attorney should give the client the attorney’s contact information, so that the client can call the attorney if the juvenile doesn’t hear from successor YO counsel. The delinquency attorney should then contact the court and Bar Advocate Program to ensure the immediate assignment of counsel.

ALL OTHER DELINQUENCY CASES: Attorneys who are certified to handle juvenile delinquency cases can handle all other delinquency cases NOT LISTED ABOVE until the prosecution indicts the defendant as a Youthful Offender. At that time, if the attorney is not Youthful Offender certified, s/he must withdraw from the case, immediately notify the client, court, and bar advocate program, and a Youthful Offender attorney must be immediately assigned to the case.

4. Assignment of Cases:

Youthful Offender certified attorneys may be assigned Youthful Offender cases in Juvenile Court and in the juvenile session of the District Court as bar advocate duty attorneys, or may receive assignments from bar advocate programs immediately after arraignments handled by bar advocate duty attorneys who are not Youthful Offender certified.

5. Performance Requirements:

Attorneys who accept assignment on Youthful Offender cases must represent their clients at all stages of the proceeding in the Juvenile/District Court in accordance with the Performance Standards.

In the event of a final conviction, it is the responsibility of the trial attorney to file a Notice of Appeal and Motion to Withdraw and to notify CPCS of the need for appellate counsel to be appointed.

The trial attorney must also attend the staffing and Regional Review Team meetings for clients committed to DYS.

By accepting Youthful Offender cases, attorneys agree to abide by the CPCS Performance Standards Governing Representation of Indigent Juveniles in Delinquency and Criminal Cases, and the CPCS Performance Standards Governing Representation of Indigents in Criminal Cases, which are found in the CPCS Assigned Counsel Manual, which is available online.