19 Dec

Rules panel votes to protect juveniles waiving right to counsel

first_imgRules panel votes to protect juveniles waiving right to counsel Rules panel votes to protect juveniles waiving right to counsel Associate EditorTestimony from researchers came as a shock to members of The Florida Bar Commission on the Legal Needs of Children: Juveniles entitled to representation in delinquency cases often waive that right, without really understanding what they are giving up, even as they are sent to adult court for prosecution.Many of the judges and lawyers on the commission wondered: How can that happen?Something had to be done, and the commission drafted a proposed amendment to Rule 8.165 that spells out waiver of counsel by a juvenile can only occur after the child has had a meaningful opportunity to confer with counsel.Armed with the commission’s report and support from the Nancy Daniels, president of the Florida Public Defender Association, Gerard Glynn, chair of the Public Interest Law Section, and Carlos Martinez, chair of the commission’s representation subcommittee, persuaded the Juvenile Rules Committee to amend Rule 8.165.The 25-5 vote took place at the Bar Midyear Meeting in Miami in January, and the matter next goes to the Bar Board of Governors and then to the Florida Supreme Court.“This is a big step. It was our third try. The most persuasive thing Gerry said is that there are 33 opinions in Florida where the cases were reversed where the judges did not do an appropriate job in explaining to the juvenile defendants what waiving their right to counsel meant,” said Martinez, an assistant public defender in the 11th Judicial Circuit.Glynn, a law professor at Barry University School of Law Clinical Programs, said PILS made a commitment to carry forward recommendations of the Bar’s Commission on the Legal Needs of Children, which completed its final report in June after three years of study (available on the Bar Web site at www.FLABAR.org).“One of the problems in previous discussions with the Juvenile Rules Committee is it was submitted without backup documentation and without explanation,” Glynn said. “This time, I could show that the commission spent a significant amount of time studying the issue.”University of Florida researchers Lonn Lanza-Kaduce, at the Center of Studies in Criminology and Law, and Jodi Lane, an assistant professor of criminology and sociology, shared with the commission their preliminary findings on juveniles transferred to adult court who have no lawyer because they waived their constitutional right to counsel.“About 5 percent of the transfers (to adult court) and about 23 percent of juvenile detainees with relatively serious offenses had no counsel of record,” Lanza-Kaduce said.“The preliminary results show that among the transfer to adult court who didn’t have counsel, 70 percent re-offended. And 44 percent of the juvenile justice retainees re-offended when they didn’t have counsel. In both instances, this is the highest instance of re-offense. Failure to have counsel or legal representation is linked, at least at this basic analysis, to higher rates of recidivism.”Children in juvenile court giving up their right to counsel is a national phenomenon, Glynn said, also documented by the American Bar Association Juvenile Justice Center, funded by the U.S. Department of Justice.As Glynn said, many juvenile defendants are foster children who have no parents and plead away their rights without discussing options with a caring adult.Even children appearing in court with their parents can be led astray.“Especially if it is their first time in the system, neither they nor their parent have any idea what the process is,” Daniels said. “With some parents, there is a lot of pressure on kids and they are mad at them for doing something wrong. Parents want them to fess up and take their licks.”But, as Glynn and Daniels agree, there is a way for children to own up to their wrongdoing, receive an appropriate punishment, and be helped at the same time.Another hurdle in getting this changed in the past, Glynn said, has been on “ongoing battle in the rules committee about the role of the rules committee” – whether it’s a substantive right the legislature should address or whether it’s a procedural issue for the rules committee and the Supreme Court.“My belief is right to counsel is not a substantive right, it’s a procedural right, it’s constitutional due process,” Glynn said. “My position is this is not only something the rules committee can do, but it is the exclusive jurisdiction of the Supreme Court, and the court has delegated the rules committee to give advice on this issue.”Daniels said she is “dismayed it had not been approved originally” and the board of the Florida Public Defender Association has supported it unanimously.In her letter to Judge John Alexander, chair of the Juvenile Rules Committee, Daniels wrote: “Even if our caseloads would increase, we believe the rule is sound as a matter of juvenile justice policy.. . . We respectfully recommend that your committee consider and support proposed Rule 8.165. By doing so, you will take a step toward improving the administration of justice for the children of our state.”How widespread is the problem of children waiving their right to counsel?“It’s strictly anecdotal, but in the experience we’ve had with various juvenile judges, it varies wildly,” Daniels said.“Some, in a heavy proportion of cases, are appointing the public defender. Other judges start out with taking pleas without counsel and think they can control their dockets that way. We tried to resist that and say, ‘No, judge, it’s very important that we represent these children and talk to them.’“It’s hard enough for an adult defendant to understand that if you enter a plea, you are giving up your right to a trial and an appeal and all of those things. Those are fairly formidable, abstract principles. And to expect someone under 18 to grasp that in a very frenetic court appearance is just not realistic.“Especially in these times when juvenile sanctions have been bumped up and their records stay with them if they re-offend,” Daniels said. “All that adds to our feeling that this is hyper-important.” February 15, 2003 Jan Pudlow Associate Editor Regular Newslast_img read more

17 Aug

British Airways announces move to Beijing Daxing

first_imgDaxing AirportBritish Airways announces move to Beijing DaxingBritish Airways has today announced that all direct flights to and from Heathrow and Beijing will move to new state-of-the-art Daxing airport from 27 October 2019, with flights available on ba.com from today.British Airways is the first international airline to confirm it will move all operations to Beijing Daxing, in recognition of its importance in driving travel between China and the UK and its offer of a world-class customer experience.With a massive 52,000m2 available for retail, food and beverage and service, facilities at Beijing Daxing for British Airways’ customers will include over 300 shops and restaurants and for those eligible access to a brand-new partner lounge.The new airport is approximately 50km from both Beijing city centre and the Xiong’an New Area and only 80km from Tianjin. Transport connections to and from Beijing Daxing include four new highways, two new subway lines and a high-speed railway, which will carry customers to Beijing West Station in under 20 minutes. A new terminal station is set to open in the Lize Business District in the next few years.  Customers transferring to other flights will also benefit from its status as the only through check-in airport for foreign airlines in China.Noella Ferns, British Airways’ Executive Vice President in Greater China and the Philippines, said: “We are very excited to be moving to Beijing Daxing. Not only will the new airport offer our customers flying to and from Beijing a world-class experience, with state-of-the-art facilities including an improved lounge for our Club World and First customers; but it will also support our ambition to increase leisure and business travel between China and the UK.”Beijing Daxing, which is due to open in September 2019, will initially house four runways and one terminal building. In the future, it is set to include an additional three runways and a second terminal building, serving 100million customers each year. The move will also help British Airways to strengthen and develop its network through its codeshare agreement with China Southern Airlines, which will also be based at the new airport.The London to Beijing route will continue as a daily service, operated by a Boeing 787-9 in the winter and a Boeing 777-300 in the summer, with four cabins: First, Club World (business class), World Traveller Plus (premium economy) and World Traveller (economy). British Airways’ long-haul flights to and from Beijing include complimentary food and drink, the latest in-flight entertainment, online check-in and free seat selection 24 hours prior to departure.Return fares will start from £387 for World Traveller, £758 for World Traveller Plus, £1,899 for Club World and £2,199 for First. Customers who choose to cut the cost of flights by using Avios part payment, could pay just £187 plus 39,000 Avios. They are able to pick from a range of savings by destination and cabin. Customers making the most of this are still able to collect Avios and Tier Points on their bookings. More examples of these savings can be seen below:World Traveller return fares with Avios:Avios required        Price2,000                         £3675,200                         £34710,600                       £31717,000                       £28728,000                      £237    39,000                      £187British Airways is investing £6.5 billion for its customers over the next five years, including the installation of the best quality Wi-Fi and power in every aircraft seat, fitting 128 long-haul aircraft with new interiors and taking delivery of 72 new aircraft. This year the airline is also introducing its Club Suite, a new business class seat with direct aisle access.Source = British Airwayslast_img read more