2A:4A-39 - Right to counsel - New Jersey Statutes

2A:4A-39.  Right to counsel
    a.  A juvenile shall have the right, as provided by the Rules of Court, to be represented by counsel at every critical stage in the proceeding which, in the opinion of the court may result in the institutional commitment of the juvenile.

    b.  During every court proceeding in a delinquency case, the waiving of any  right afforded to a juvenile shall be done in the following manner:

    (1) A juvenile who is found to be competent may not waive any rights except  in the presence of and after consultation with counsel, and unless a parent has  first been afforded a reasonable opportunity to consult with the juvenile and  the juvenile's counsel regarding this decision.  The parent or guardian may not  waive the rights of a competent juvenile.

    (2) Any such waiver shall be executed in writing or recorded.  Before the court may accept a waiver, the court shall question the juvenile and his counsel to determine if the juvenile is knowingly, willingly and voluntarily waiving his right.  If the court finds after questioning the juvenile that the waiver is not being made voluntarily and intelligently, the waiver shall be denied.

    (3) An incompetent juvenile may not waive any right.  A guardian ad litem shall be appointed for the juvenile who may waive rights after consultation with counsel for the juvenile, and the juvenile.

    (4) Waivers shall be executed in the language regularly spoken by the juvenile.

     L.1982, c. 77, s. 20, eff. Dec. 31, 1983.