1. 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

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

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

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

5. 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.

6. Janice’s story

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

8. WAY too many PIPELINES
while

9. 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

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

11. 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

12. 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

13. 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

14. 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…

15. 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

16. 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

17. Contact Information
Jack Harrison
Shannan Wilber
Currey Cook