Johnson (left) and Golden

In this story:

• Incompetency defense for Golden?
• Juvenile hearing similar to adult trial
• Related stories and sites

JONESBORO, Arkansas (CNN) -- Two Arkansas boys -- Mitchell Johnson, 14, and 12-year-old Andrew Golden -- are in juvenile court Tuesday to face trial on charges they shot four classmates and a teacher to death.

Another teacher and nine other students were wounded March 24 when they were drawn from the building by a false fire alarm and ambushed outside Westside Middle School.

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Incompetency defense for Golden?

Johnson is expected to avoid trial by pleading guilty. But CNN has learned that Golden's attorney plans to offer an incompetency defense, meaning Golden didn't know what he was doing when the shootings occurred and is incapable of assisting in his own defense at trial.

It's a tactic that Craighead County Judge Ralph Wilson Jr. has rejected in the past. In an earlier ruling, now under appeal, Wilson said Arkansas law prohibited an incompetence defense.

Should the judge turn aside such a defense for Golden, the boy's attorney and parents would have to decide whether to proceed with a trial or, like Johnson, enter a guilty plea.

Wilson has twice delayed trial while public defenders explored whether they could use some form of mental incompetency plea for Golden.

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Juvenile hearing similar to adult trial

More than 100 of the victims' relatives and school staff have reserved spots to watch the boys' hearing, which is the equivalent of an adult trial.

If the two are found guilty of being juvenile delinquents, the maximum sentence would keep them in a juvenile facility until age 21, but they could be released when they are 18.

They are too young to be charged as adults.

Johnson turned 14 on Tuesday.

The judge also could place them on probation, order community service and make their parents pay fines and court costs.

Juvenile hearings typically are closed to the public in Arkansas, but Wilson opened the trial because of intense public interest.

Because of a pretrial gag order, it was not clear whether the lawyers would seek to have Golden declared incompetent to stand trial or whether the boy wished to claim he was not competent at the time of the shootings.

Gretchen Woodard, Johnson's mother, said she had not seen her son since Saturday.

"We can't give him any kind of presents, all we can give him is love," she said. "I am sorry it's on his birthday of all days. But we'll hug him, tell him we love him and wish him happy birthday."

Woodard was among those named in a lawsuit Monday by families of two victims seeking damages from the shootings.

Arkansas has no facility to hold the boys after age 18 if they are convicted. Gov. Mike Huckabee said he would build a new facility or modify an existing one to hold them as long as the state can.