Wednesday, October 3, 2012

R.C. 2151.352 does not give a juvenile the right to counsel (10 3 2012)

Today the Ohio Supreme Court answered the question of "whether a juvenile has a statutory right to counsel during a police interrogation conducted before a complaint is filed or an appearance is made in juvenile court." The OSC said it does not because "proceedings" does not include anything that occurs before the jurisdiction of a juvenile court is properly invoked. So if no complaint alleging delinquency has been filed and the juvenile has made no appearance in juvenile court, the right to counsel in R.C. 2151.352 does not apply. The Supreme Court of Ohio states that this is not an unjust or unreasonable result. But Justice O’Connor strongly dissented writing that the majority opinion "defies law, logic, and common sense." In Re M.W., 2012-Ohio-4538.

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