State v. J.R.

Citations

• 190 N.E.3d 1186
• 2022 Ohio 1664

Syllabus

Juvenile court bindover proceedings right to assistance of counsel due process suspended attorney per se violation of right to counsel totality of the circumstances. A juvenile's constitutional right to counsel in juvenile court proceedings flows to the juvenile through due process. Where a juvenile is represented in juvenile court bindover proceedings by a suspended attorney, due process requires that appellate court consider the totality of the circumstances in determining whether the juvenile was denied his or her constitutional right to the assistance of counsel. Considering the totality of the circumstances surrounding suspended counsel's representation of juvenile, including the reason for and duration of counsel's suspension, the context, scope, and duration of counsel's representation of juvenile and other factors relevant to counsel's representation, juvenile was denied her constitutional right to the assistance of counsel when represented by suspended counsel during juvenile court bindover proceedings.