Posts in 'Amicus Curiae'

Records
Oregon Supreme Court •
Our brief argued that preserving the privilege of child welfare records is essential to the core functions of the dependency system, including DHS’s legal obligation to provide adequate mental health care to the children in its custody. We further argued that Oregon's privilege law provides vital protection for families facing DHS involvement, a function that is crucial given the fundamental liberty interests at stake in dependency proceedings, the high potential for harm to children and parents caused by system involvement, and the disproportionate impact of the system on communities of color. 
Juvenile Life Without Parole (JLWOP)
Arizona Court of Appeals •
The brief argued that Mr. Aston's sentence is unconstitutional under Miller v. Alabama, as he could not have been sentenced to anything less severe than life without parole. The brief further argued that the U.S. Supreme Court’s recent decision in Jones v. Mississippi does not affect the unconstitutionality of Mr. Aston’s natural life sentence under Miller and does not reflect a change in controlling law. 
Youth Tried as Adults
Ohio Supreme Court •
Our brief argued that because adolescents are uniquely vulnerable when plea bargaining, their decisions should not waive their ability to challenge the underlying transfer. We further argued that limiting the right to appeal an underlying probable cause determination will disproportionately impact Black youth, who are more likely to be transferred to the adult criminal system.
Economic Justice
Alaska Supreme Court •
The brief argued that children in foster care desperately need their financial benefits, and that the law does not pose any obstacles to them receiving benefits. The brief further argued that OCS’s policy violates equal protection under the Alaska Constitution, and that plaintiffs are entitled to restitution. 
Economic Justice
Pennsylvania Supreme Court •
The brief emphasized the significant harms that increased deductions cause to incarcerated people and their families, including that many incarcerated individuals lose the ability to pay for basic living needs. The brief also highlighted unique challenges the deductions would pose for young people, given their lack of access to economic resources.
Sex Offender Registration of Children (SORNA)
Oregon Supreme Court •
Our brief argued that empirical research and the constitutional guarantees afforded to youth mandate a presumption against registering youth as sex offenders. We further argued that Oregon’s juvenile sex offender registration statute is unconstitutionally vague, not rationally related to a legitimate state purpose, and likely to disproportionately affect youth of color and LGBTQ youth.
Youth Tried as Adults
New Mexico District Courts •
Our letter argued that Ms. Morrison’s attorney failed to present mitigating evidence of her youthfulness and the abusive nature of her relationship during the sentencing phase of her case, despite U.S. Supreme Court precedent and American Bar Association standards that asserted the mitigating value of such evidence. 
Keeping Kids in the Community
Pennsylvania Commonwealth Court •
Our brief argued that students in Pennsylvania’s low-wealth districts require targeted programs and services to receive an adequate constitutional education. The brief further argued that inequities in education disproportionately impact children of color across Pennsylvania, that other state courts have ruled that “at-risk” students require targeted programs and services, and that increasing school funding improves academic and life outcomes for these students. 
Youth Tried as Adults
Pennsylvania Supreme Court •
Our brief argued that the public interest is served by transferring D.G. to juvenile court and that abundant research supports that young people are capable of positive change and rehabilitation. Our brief further argued that subjecting a child to the criminal system can have devastating consequences and that prosecuting a child in criminal court does not reduce recidivism or deter future crime.
Sex Offender Registration of Children (SORNA)
Indiana Court of Appeals •
Our brief argued that youth adjudicated for sexual offenses have exceptionally low recidivism rates, which makes it nearly impossible for the state to meet its burden of proof. We further argued that the state’s use of adult psychosexual risk assessments was inappropriate and did not provide sufficient evidence that A.R. is likely to commit a future sexual offense, that the discretionary registration standard is vulnerable to racial bias, and that registering youth as sex offenders has devastating consequences and contravenes the U.S. Supreme Court’s recognition that youth are less culpable and are amenable to rehabilitation.