Juvenile Defender Leadership Summit 2016 Challenging Bias at the Front Door: Detention Advocacy for LGBTQ Clients Juvenile Defender Leadership Summit 2016 Jack Harrison, Assistant Public Defender, EBR Parish Shannan Wilber, NCLR Currey Cook, Lambda Legal

Jack Harrison Assistant Public Defender East Baton Rouge Parish, Louisiana Instructor Juvenile Defense Clinic, LSU Law Center

Youth Policy Director National Center for Lesbian Rights Shannan Wilber Youth Policy Director National Center for Lesbian Rights

Director, Youth in Out-of-Home Care Project Lambda Legal Currey Cook Director, Youth in Out-of-Home Care Project Lambda Legal

LGBTQ Youth Are Overrepresented in the System Source: Angela Irvine and Aisha Canfield, “LGBQ/GNCT Youth in the U.S. Justice System,” Impact Justice, 2016.

Janice’s story

Cumulative Risk Family rejection School pushout Untreated trauma Racism and other bias Poverty Isolation and lack of peer support

WAY too many PIPELINES while . . .

Structural Bias Lack of appropriate placements Multiple failures of child welfare system Police profiling Prosecutorial bias: pretextual charges Judicial bias Sex segregated placement and services Heteronormativity and cis-normativity YOC 1.5X more likely to be detained than white youth

LGBTQ Youth – Vicious Cycle Rejection & Neglect at Home Unsafe Schools Additional Factors Youth Experiencing Homelessness Juvenile Justice System Foster Care

Youth Who Are Detained Are more likely to be found guilty Lose access to key educational opportunities Experience worsening mental health conditions More likely to drop out of school upon release More likely to pick up additional charges

Dangers of Detention for LGBTQ Youth Higher risk of sexual and physical assault Lack of safe housing options Lack of competent health and behavioral health care Longer lengths of stay: lack of options Pick up charges for self-defense Impact of prior trauma Psychological harm

Zealous Detention Advocacy Starts with you… Act as an Advocate Make sure everyone in the system knows you strongly affirm your client’s personhood, including SOGIE Use court and prosecutorial standards to your client’s advantage – dignity, fairness, justice, ethical standards By doing so you can change people’s practices: Use every opportunity to educate court personnel and other system players Make affirmation rewarding (thanks for the way you treated my client) Make discrimination embarrassing and uncomfortable

Zealous Detention Advocacy …continues with the initial interview Treat every youth as if they are LGBT Signal affirmation and fairness With a careful and clear explanation of attorney-client privilege With respect Without judgment Ask questions Do you feel safe in the detention center? Do you feel safe in your school? Do you get along with your family? Etc…

Zealous Detention Advocacy Argue that facts do not meet statutory detention criteria Use risk assessment instrument: overrides Allege unconstitutional bias Cross-examine probation about attempts to identify alternatives Submit expert testimony on risks facing LGBTQ youth in detention File a motion to release, make a record and file a petition for writ of habeas corpus

Zealous Advocacy - Systemic Juvenile justice specific policy reform Judicial allies Proactive outreach to LGBTQ-specific providers and organizations Community allies (LGBTQ-inclusive work) DMC work, school to prison pipeline, detention elimination/reduction Child welfare system & RHY improvement Legislative advocacy

Contact Information Jack Harrison jharr62@mail.com 225.933.2644 Shannan Wilber swilber@NCLRights.org 415.365.1331 Currey Cook ccook@lambdalegal.org 212.809.8585