Rule 44.1. Appointment of counsel for juveniles

(a) Right to counsel. A juvenile against whom criminal contempt proceedings pursuant to 14 Del.C. § 2731 and 11 Del.C. § 1271 have been initiated shall have the right to counsel at all stages.

(b) Appointment of counsel where juvenile not represented.

(1) Before the issuance of a criminal contempt charge, if a juvenile is not represented, the Court may contact the Chief Defender to request the appointment of counsel for the juvenile if a contempt charge appears probable or the parties are engaged in pre-contempt deliberations.

(2) After the issuance of a criminal contempt charge, if a juvenile is not represented by counsel, the Court shall order the Chief Defender to assign counsel to represent the juvenile. The appointment of counsel shall occur before the juvenile's arraignment on the contempt charge.

(c) Cases in which the right to counsel may not be waived. The juvenile's right to be represented by counsel under subsection (a) of this rule shall not be waived:

(1) By a juvenile of any age where the delinquent act the juvenile is accused of is a felony.

(2) By a juvenile of any age who is in the custody of the Division of Family Services.

(3) By a juvenile who is younger than 16 years of age at the time of the attempted waiver.

(4) By a juvenile whose family member, guardian, or custodian is the alleged victim of the delinquent act or whose interest is determined by the Court to be adverse to the juvenile's interest.

(d) Waiver of counsel. In cases not listed in subsection (c) of this Rule, the juvenile may waive the right to counsel only after following the procedures of this subsection of the Rule. The following shall be the sole method of waiver by a juvenile of his or her right to counsel:

(1) If the juvenile wishes to waive his or her right to counsel, then an in-person meeting with counsel shall be held at which counsel explains, the disadvantages of self-representation.

(2) If, after this meeting, the juvenile still wishes to waive the right to counsel, the Court shall conduct an in-court hearing to determine whether the waiver is knowing, intelligent and voluntary. The juvenile shall bear the burden of proving the waiver is knowing, intelligent and voluntary by clear and convincing evidence.

(3) In determining whether a juvenile's waiver is knowing, intelligent, and voluntary, the Court shall consider the circumstances surrounding the waiver, including: A. The juvenile's mental and emotional health and maturity; B. Whether the juvenile understands the consequences of the waiver; C. Whether the juvenile understands the seriousness of the offense; D. Whether the juvenile understands the potential, direct and collateral consequences of being adjudicated delinquent of the offense; E. Whether the parent, guardian, or custodian understands the consequences to the juvenile of the waiver; and F. Whether the waiver of the right to counsel is the result of any coercion, force, or inducement.

(4) Before the Court may accept the waiver, the juvenile must provide to the Court a written statement, signed by both the juvenile and his or her parent, guardian or custodian, affirming that the juvenile has followed the procedures of this Rule and understands the rights he or she is waiving and the potential consequences of the waiver.

(5) If a juvenile waives counsel for any proceeding, the waiver only applies to that proceeding and the juvenile may revoke the waiver of counsel at any time. History. Added, Dec. 15, 2017.