OCA Releases Research on Expanding Post-Disposition Representation of Youth

In 2020, after the District of Columbia Court of Appeals released its decision in In re N.H.M., expanding DC youths’ access to post-disposition counsel, Open City Advocates, which represented N.H.M., contacted the Gault Center to explore how to support the expansion of post-disposition representation in other jurisdictions. We reviewed analyses of post-disposition representation of youth, surveys of state laws, and relevant court decisions; talked with youth defenders who provide post-disposition representation; conducted virtual site visits of offices that focus on providing holistic post-disposition defense; and heard numerous stories of young people whose success in moving past their juvenile court involvement was catalyzed by post-disposition youth defense teams.

Every legal analysis, court decision, conversation with a youth defender, and story from a young person supported the same conclusion: young people who are incarcerated or otherwise under government supervision after juvenile court involvement must be represented by a specialized youth defender – and ideally a holistic youth defense team – until they are free from state control.