Juvenile Indigent Defense Delivery System
Puerto Rico provides counsel to indigent youth through the Sociedad para Asistencia Legal (Legal Aid Society), which has offices throughout the commonwealth.
Puerto Rico has no statutory requirements, recommended training requirements, or standards for attorneys representing youth in delinquency proceedings.
In addition to statutes and case law, juvenile court proceedings are governed by court rules. These are often promulgated at the state level, but may also be passed at the local court level instead of or in addition to statewide rules. Puerto Rico’s juvenile court rules are called the Rules of Procedure for Minors’ Matters.
Right to Counsel
Beyond the right to counsel in juvenile court guaranteed by the Due Process Clause of the United States Constitution and In re Gault, 387 U.S. 1 (1967), states often have state constitution or statutory provisions further expanding upon on or delineating that right.
In Puerto Rico, youth in juvenile court have the right to counsel “in every procedure.” P.R. Laws Ann. tit. 34, Ap. I-A, Rule 13.6 (2013). Indigent juveniles are appointed counsel. P.R. Laws Ann. tit. 34, Ap. I-A, Rule 13.6. Additionally, Puerto Rico law provides for counsel at the following proceedings:
- Hearing to determine probable cause to file a complaint. P.R. Laws Ann. tit. 34, Ap. I‑A, Rule 2.10.
- P.R. Laws Ann. tit. 34, Ap. I-A, Rule 7.1.
Determination of Indigence
Puerto Rico has no presumption of indigence in juvenile court proceedings. A child has the right to have counsel appointed if he or she does not have the financial means to hire a lawyer. P.R. Laws Ann. tit. 34, Ap. I-A, Rule 13.6. The court must appoint defense counsel if the parents/guardian do not appear with the child. P.R. Laws Ann. tit. 34, § 2237.
Waiver of Counsel
A juvenile may waive his or her right to counsel if his or her parents or guardians are present and the judge determines that the waiver is given freely, knowingly and that the child and a parent are aware of the consequences of such waiver. P.R. Laws Ann. tit. 34, Ap. I-A, Rule 13.8. The presence of an attorney is not required to waive the right to counsel. P.R. Laws Ann. tit. 34, Ap. I-A, Rule 13.8.
When and how the court may decide to detain a child or otherwise place restrictions on the child’s freedom is defined by statute and court rules. In Puerto Rico, a probable cause hearing must be held within seven days of the child’s apprehension. P.R. Laws Ann. tit. 34, Ap. I-A, Rule 2.9. Minors may only be detained via court order. P.R. Laws Ann. tit. 34, § 2220. Other relevant provisions for the detention of juveniles are found in the P.R. Laws Ann. tit. 34, §§ 2218–2219, App. I-A, Rule 2.1, 2.4–2.7, 2.13, 2.15–2.16.
NJDC’s Detention Page provides more information about detaining youth.
The legal needs of children in the delinquency system rarely end at disposition, and states vary in the way they provide a right to representation on these post-disposition issues. Puerto Rico statutes list no post-disposition proceedings at which youth have a right to counsel.
NJDC’s Post-Disposition Page has more information on this topic from a national perspective.
Ages of Juvenile Court Jurisdiction
The age of a child who comes within the jurisdiction of the state’s juvenile courts is defined by state law. In Puerto Rico:
- No statute specifies the youngest age at which a juvenile can be adjudicated delinquent;
- Juvenile court has jurisdiction over offenses alleged to have been committed prior to a child’s 18th birthday; after age 18 (inclusive), the youth is charged in adult court. P.R. Laws Ann. tit. 34, § 2203;
- Juvenile court can retain jurisdiction over youth until age 21, provided that the offense alleged to have been committed occurred before the youth turned 18, P.R. Laws Ann. tit. 34, § 2205.
Youth in Adult Court
Despite the existence of juvenile courts, many youth are still tried as adults. Puerto Rico has three ways that juveniles can be prosecuted as adults:
- Discretionary Waiver: for juveniles over 14 years old who commit a class II or III offense, the prosecutor may request a hearing for waiver to criminal court. P.R. Laws Ann. tit. 34, § 2215.
- Statutory Exclusion: for juveniles over 15 years old charged with first degree murder and for crimes arising from the same event constituting murder. P.R. Laws Ann. tit. 34, § 2204(2).
- Once an Adult, Always an Adult: “Any case in which a minor is charged with acts constituting a crime when he/she has been previously charged with a felony as an adult.” P.R. Laws Ann. tit. 34, § 2204(2)(c).
NJDC conducts statewide assessments of access to counsel and the quality of juvenile defense representation in delinquency proceedings around the country. These assessments provide a state with baseline information about the nature and efficacy of its juvenile indigent defense structures, highlight the strengths and weaknesses of the indigent juvenile defense system, and provide tailored recommendations that address each state’s distinctive characteristics to help decision-makers focus on key trouble spots and highlight best practices. The NJDC State Assessment Page provides more information about state assessments.
NJDC has not yet conducted an assessment of the juvenile indigent defense system in Puerto Rico. If you would like to collaborate with NJDC to fundraise for, plan, or engage in an assessment in this jurisdiction, please contact us.