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Defense structure, 2017

  • Organization

    Localized

  • Oversight

    Full oversight

Arkansas provides counsel to indigent youth through a statewide Public Defender Commission that oversees indigent defense. Visit the National Juvenile Defender Center's Arkansas state profile for more details.

Waiver of counsel, 2014

All waivers of the right to counsel, except those made in the presence of the court, must be in writing and signed by the juvenile. No waiver must be accepted in any case in which the parent, guardian, or custodian has initiated or filed a petition against the juvenile or requested the removal of the juvenile from home, or when counsel was appointed due to the likelihood of the juvenile's commitment to an institution, or when the juvenile has been designated an extended juvenile jurisdiction offender, or when the juvenile is in the custody of the Department of Human Services.

  • Restrictions on waivers
  • No restrictions
  • Reflects laws as of the end of 2013 legislative sessions.
  • Age

    No restrictions

  • Crime

    No restrictions

  • Hearing

    Juveniles cannot waive right to counsel for specified hearings.

  • Placement

    Juveniles cannot waive right to counsel if possibility of specified placement(s).

Timing of counsel, 2013

In Arkansas, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Detention Hearing / First Court Appearance / Arraignment; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.

  • Reflects laws as of the end of 2013 legislative sessions.

Indigency requirements, 2013

Indigency determination: Judicially

Arkansas indigency law is governed by juvenile statutes, which provide for a determination of indigency. By statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. Indigency is judicially determined. Court can / must appoint attorney for juvenile if non-indigent parent refuses to pay for juvenile's attorney. Court can / must appoint attorney for juvenile if parent cannot be located / parent refuses to go to juvenile.

About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

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