THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BAKER, YUDICHAK, ARGALL, BROWNE, COSTA, ERICKSON, FERLO, FONTANA, GREENLEAF, McILHINNEY, RAFFERTY, SMUCKER, WASHINGTON, WOZNIAK, YAW AND ORIE, MARCH 11, 2011

REFERRED TO JUDICIARY, MARCH 11, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

right to counsel.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6337 of Title 42 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 6337.  Right to counsel.

Except as provided herein and in section 6311 (relating to

guardian ad litem for child in court proceedings), a party is

entitled to representation by legal counsel at all stages of any

proceedings under this chapter and if he is without financial

resources or otherwise unable to employ counsel, to have the

court provide counsel for him. Although a child alleged to be

delinquent may appear with counsel at the intake conference

conducted by a juvenile probation officer following the

submission of a written allegation, counsel is not mandatory at

this proceeding. If a party other than a child appears at a

hearing without counsel the court shall ascertain whether he

knows of his right thereto and to be provided with counsel by

the court if applicable. The court may continue the proceeding

to enable a party to obtain counsel. Counsel must be provided

for a child [unless his parent, guardian, or custodian is

present in court and affirmatively waive it. However, the

parent, guardian, or custodian may not waive counsel for a child

when their interest may be in conflict with the interest or

interests of the child.] who appears at a hearing without

counsel, and counsel for the child cannot be waived. If the

interests of two or more parties may conflict, separate counsel

shall be provided for each of them.

Section 2.  This act shall take effect in 60 days.