Reframing the fight

Words have weight. And, while Shakespeare’s Juliet might argue “that which we call a rose, by any other word would smell as sweet,” that young Capulet never had to mitigate the stigma that accompanies being part of the penal system.

That’s why Randee Waldman has pushed to have the entity long known as the Juvenile Defender Clinic (JDC) renamed the Youth Justice Clinic (YJC). This June, as the group marks it’s twentieth anniversary, that desire has been fulfiulled. Waldman, director of the YJC, said: “Renaming the clinic the Youth Justice Clinic reflects our commitment to treating young people with dignity and accurately describing the work we do. We are intentionally moving away from the term 'juvenile' because it carries negative connotations and is too often associated only with delinquent youth. At the same time, we are replacing the word 'defender' with 'justice' to signal the broader scope of our advocacy, which includes protecting students’ rights in schools and other systems that shape their lives. Together, these changes affirm that our mission is not only to respond to allegations but to advance justice for youth wherever their rights are at stake.”

The YJC is an in-house legal clinic dedicated to providing holistic legal representation for children in delinquency proceedings. Emory Law students have represented hundreds of young people since the Clinic was founded in 2006.

By allowing students to work directly with clients and take responsibility for the caseload, the YJC  aspires to help students understand the impact of the legal system on a community. Students establish attorney-client relationships with the children and learn to be responsible for client representation.

Waldman’s oversight of the clinic underscores her scholarship; she has composed guides for youth defenders and written about children being searched and interrogated at school and by police. She conducts the clinic like a public defender’s office, admitting 8 to 10 law students each semester to represent DeKalb and Fulton County youth (most of whom are 15 or 16 years old, though Waldman has had a client as young as 10).

In a previous Emory Lawyer article, Waldman explained that the Student Practice Act allows students to practice as lawyers under Waldman’s supervision. “They work in pairs, doing everything a public defender does,” Waldman said. “They can draft motions, photograph crime scenes, interview witnesses, and do hearings and trials.”

Most cases move quickly, allowing students to carry about three per semester—and judges accommodate the Emory calendar as much as possible. Students can also represent youth at school hearings, because, as Waldman explains, schools frequently discipline students for the same infraction. “Often, the proper measures to channel a child’s behavior can reduce delinquency,” Waldman said, and this is why Emory Law students are involved in Manifestation Determination Reviews and Individualized Education Programs with children’s teachers and guardians.

The majority of the cases that reach the clinic are also able to be resolved without leaving a criminal record for the client. There is an important distinction between reaching resolution and winning, Waldman notes. In the juvenile justice system, favorable outcomes are the desire, Waldman says.

REMEMBERING THE TIMES

Now, the Clinic prepares to bring back lawyers who worked in the clinic during their time at Emory Law for a reunion celebration. This October, alumni will gather for a casual social to share stories, celebrate victories, and remember their time in the program.

"The [Clinic] was a formative and career determinative experience for me," said Rachel Gordon 12L, assistant public defender, Atlanta Judicial District. "The real-world, in-court, client-centered practice, combined with the knowledge, leadership, and mentorship that Randee Waldman provided, laid a foundation for and solidified my career as a youth defender.  I’m now on year fourteen of that career and still consider Professor Waldman a mentor and the Youth Justice Clinic a springboard that helped to get me where I am today."

Waldman has been with Emory for all of the Clinic’s 20 years and has fierce affinity for the operation. She says, “Over the past twenty years, the clinic has built a record of accomplishments that reflects both the depth of our advocacy and the values that guide it. We developed a statewide delinquency training manual for youth defenders, brought litigation that required the DeKalb County School District to provide special education services to young people awaiting trial in the county jail, and represented hundreds of young people with thoughtful, client‑centered, and justice‑driven representation.

Our goal has always been to raise the standard of advocacy by showing what excellence in practice looks like. Equally meaningful is the legacy of the students who have trained in the clinic. They now carry these values into courtrooms, agencies, and communities across the country, and their impact on justice systems of all kinds is the strongest reflection of what the clinic has achieved.”

Access a gallery of images from the Clinic over the past 20 years here: https://bit.ly/4fWiBe2