Rule 7.15. Waiver of Right to Counsel

JuCR 7.15 WAIVER OF RIGHT TO COUNSEL (a) A juvenile who is entitled to representation of counsel in a juvenile court proceeding may waive his or her right to counsel in the proceeding only after: (1) the juvenile has been advised regarding the right to counsel by a lawyer who has been appointed by the court or retained; (2) a written waiver in the form prescribed in section (c), signed by both the juvenile and the juvenile’s lawyer, is filed with the court; and (3) a hearing is held on the record where the advising lawyer appears and the court, after engaging the juvenile in a colloquy, finds the waiver was knowingly, intelligently, and voluntarily made and not unduly influenced by the interests of others, including the parent(s) or guardian(s) of the juvenile. (b) This rule does not apply to diversion proceedings. See JuCR 6.2 and 6.3. (c) Before a waiver can be accepted by the court, an attorney or the juvenile shall file a written waiver of the right to counsel in substantially the following form: SUPERIOR COURT OF WASHINGTON COUNTY OF _______________________ JUVENILE COURT STATE OF WASHINGTON v. Respondent. D.O.B.: NO: WAIVER OF RIGHT TO COUNSEL 1. My true name is: _________________________________________________________. I am also known as: ______________________________________________________. 2. My age is ____________. Date of birth: _______________________________. 3. I have completed the ______ grade in school. 4. I understand that I am accused of: Count I, the offense of: . Count II, the offense of: . Count III, the offense of: . Additional counts: . The Standard Disposition Ranges for the offenses are as follows: [ ] Local Sanctions: COUNT SUPERVISION COMMUNITY RESTITUTION FINE DETENTION CVC RESTITUTION [ ] 1 0 to 12 months 0 to 150 hours $0 to $500 0 to 30 Days $75/$100 [ ] As required [ ] ______ [ ] 2 0 to 12 months 0 to 150 hours $0 to $500 0 to 30 Days $75/$100 [ ] As required [ ] ______ [ ] 3 0 to 12 months 0 to 150 hours $0 to $500 0 to 30 Days $75/$100 [ ] As required [ ] ______ [ ] Juvenile Rehabilitation Administration (JRA) Commitment: COUN T WEEKS AT JUVENILE REHABILITATION ADMINISTRATION (JRA) FACILITY CVC RESTITUTION [ ] 1 [ ] 15 to 36 [ ] 30 to 40 [ ] 52 to 65 [ ] 80 to 100 [ ] 103 to 129 [ ] 180 to Age 21 $75/$100 [ ] As required [ ] _ [ ] 2 [ ] 15 to 36 [ ] 30 to 40 [ ] 52 to 65 [ ] 80 to 100 [ ] 103 to 129 [ ] 180 to Age 21 $75/$100 [ ] As required [ ] _ [ ] 3 [ ] 15 to 36 [ ] 30 to 40 [ ] 52 to 65 [ ] 80 to 100 [ ] 103 to 129 [ ] 180 to Age 21 $75/$100 [ ] As required [ ] _ The maximum possible punishment that can be imposed by Juvenile Court is _____ years or commitment to JRA to age 21, whichever is less. I also understand that there may be lasting consequences even after I turn eighteen, if I am found guilty, including: employment disqualification, loss of my right to possess a firearm, suspension of ability to keep or obtain a driver’s license, and school notification. 5. I understand that I have the right to be represented by a lawyer. If I cannot afford to pay for a lawyer, the court will appoint one to represent me at no cost to me 6. I understand that an attorney would:  Represent me and speak on my behalf in court.  Advise me about my legal rights and options.  Explain and assist me with legal and court procedures.  Investigate and explore possible defenses that I may not know about.  Prepare and conduct my defense at any court hearing or trial. 7. I understand that if I represent myself:  The judge cannot be my attorney and cannot give me any legal advice.  The prosecuting attorney cannot be my attorney and cannot give me any legal advice.  The judge, prosecuting attorney and court personnel are not required to explain court procedures or the law.  I will be required to follow all legal rules and procedures, including the rules of evidence.  It may be difficult for me to do as good a job as an attorney.  If I represent myself, the judge is not required to provide me with an attorney as a legal advisor or standby counsel.  If I later change my mind and decide that I want an attorney to represent me, the judge may require me to continue to represent myself without a lawyer. 8. I am making this decision to represent myself knowingly, intelligently, and voluntarily. No one has made any promises or threats to me, and no one has used any influence, pressure or force of any kind to get me to waive my right to an attorney. 9. I have read, or have had read to me, this entire document. I want to give up my right to an attorney. I want to represent myself in this case. Dated: ______________________ _____________________________________________ RESPONDENT _____________________________________________ ATTORNEY FOR RESPONDENT _____________________________________________ Type or Print Name/Bar Number COURT’S CERTIFICATE After engaging the respondent in a colloquy in open court, I find that the respondent has knowingly, intelligently, and voluntarily waived his or her right to counsel. DATED: __________________________________________ JUDGE /COURT COMMISSIONER/PRO TEM (Adopted effective September 1, 2008.)