The TBA continues to share resources across communication platforms to help educate Tennessee lawyers about the state's system of indigent representation, which plays a crucial role in ensuring that individuals' right to counsel is provided for. This article highlights situations when courts appoint counsel for a juvenile charged with a crime.

December 13, 2024

In Tennessee, when a juvenile is charged with delinquency, they are guaranteed a right to counsel, and if they cannot afford to hire an attorney, the court will appoint a public defender or private attorney to represent them. The right to counsel for juveniles, just as with adults, is enshrined in both the U.S. Constitution and Tennessee state law. Under the Sixth Amendment of the U.S. Constitution, any defendant, regardless of age, has the right to legal representation when charged with a crime. This principle was reinforced by the U.S. Supreme Court’s decision in In re Gault (1967), which extended the right to counsel to juveniles in delinquency proceedings.

In Tennessee, this right is codified under Tennessee Code Annotated § 37-1-134, which mandates that juveniles must be provided with counsel in delinquency cases where the child faces the possibility of incarceration. Tennessee law further establishes that when a juvenile appears in court without counsel, the judge is obligated to appoint an attorney to represent the child. Judges also have the discretion to appoint counsel in cases where a juvenile may be subject to a less formal proceeding but faces a risk of significant consequences, such as fines or court-ordered services. The process begins when the juvenile is formally charged and continues through adjudication, with the court responsible for ensuring the right to counsel is upheld at each stage.

Juvenile delinquency cases present a unique set of challenges in the legal system and the role of appointed counsel is critical to ensuring fair treatment for youth in the justice system. In Tennessee, juvenile delinquency refers to behavior by a minor (someone under 18 years old) that violates state laws or local ordinances. These violations may be status offenses, or more serious criminal offenses. Status offenses are acts that are only considered illegal because the person is a juvenile, such as truancy, running away from home or underage drinking. Serious crimes include theft, vandalism, assault, robbery, drug offenses and violent crimes.

The juvenile justice system handles many cases where minors are accused of criminal behavior and has an approach more focused on rehabilitation and intervention rather than punishment.However, delinquency can result in severe legal consequences, including detention, probation or incarceration in a youth development center. As with counsel appointed for adults facing criminal chargers, attorneys representing juveniles have a responsibility to ensure that the juvenile's constitutional rights are upheld throughout the court process. This includes informing the client of their rights, ensuring proper procedural safeguards and advocating for a fair trial. Appointed counsel are also responsible for advising juveniles on whether to accept a plea deal, go to trial or explore other alternatives, considering the potential consequences on the juvenile’s future. In cases where the juvenile is pleading guilty or no contest, there are additional requirements to ensure the child's rights are protected. The attorney will help the minor and their family understand the consequences of pleading guilty, including the potential impact on their future, and will work to ensure any plea is made voluntarily and with full understanding.

Juvenile proceedings may emphasize rehabilitation rather than punishment and counsel must advocate not only for the juvenile's immediate legal defense but also for outcomes that support long-term rehabilitation, including placement in community-based programs or services. Juvenile delinquency cases often intersect with family law, mental health and educational systems. Appointed counsel may need to collaborate with social workers, educators and health professionals to ensure the best possible outcome for the juvenile.

Attorneys appointed to represent a juvenile charged with a crime in Tennessee play an essential role in providing legal defense, ensuring the juvenile’s rights are protected, advocating for rehabilitation and working toward a favorable outcome for the child. The goal is often to avoid punitive consequences and focus on rehabilitation and support, helping the juvenile avoid a criminal record and gain the resources they need to make positive changes in their life.

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The TBA is looking for your input! Share your questions or topics that you would like to hear about in this series. There are several ways to connect with TBA to share your questions or experiences with indigent representation. Attorneys interested in learning more about TBA's grassroots advocacy efforts can sign up for TBA Grassroots Advocacy Updates, which will highlight related policy content across all of TBA's communication platforms. Attorneys with experience working with clients who are indigent or vulnerable, should complete this survey, which includes specific questions about court appointed representation. Looking for more information? Check out our Indigent Representation Resource page.