Week in Review: Jan 11-15

Happy Friday Readers! We have another blog for you, filled with resources and upcoming events AND an OJD sponsored CLE. So get settled in and let’s get started.

TIP OF THE WEEK – RTA EDITION

How Will Secure Custody Hearings Be Different for 16 and 17 Year Olds?

Currently, review of secure custody hearings are held every 10 days after the initial secure custody hearing.  For 16 and 17 year old’s charged with a Class A through G offense, review of secure custody hearings are held every 30 days after the initial secure custody hearing.  However, the hearings may be held every 10 days on motion of the juvenile or the juvenile’s attorney for good cause shown.

Resources

Our very own Assistant Juvenile Defender, Kim Howes wrote a blog on the new YASI tool along with some practical advice and a motion. If you haven’t had a chance to read that blog, please click here.

February 5, 2021, NC CRED is hosting a free virtual symposium beginning at 1 PM. Please click here to register. Here is a brief synopsis of the program:

“First, a panel of historians (Timothy Lovelace, Seth Kotch, and David Cecelski) will describe the historical origins of these modern forms of brutality. Second, a panel of activists and advocates (Dawn Blagrove, Will Elmore, and Henderson Hill) will discuss the ways racial violence is wielded today and the importance of exposing its historical roots. Finally, keynote speaker James Ferguson will offer closing thoughts on how we reckon with racial terror, in all its forms, to end its grip on our nation.

CLE Opportunities

Thursday, January OJD is hosting, Trauma Informed Practice. CLE approval is pending and OJD will cover the cost of the CLE for the first 35 registrants. This will be a 90 minute CLE, from 2:30-4:00 PM.

Presented by Jason T. Mahoney, a Certified Trauma-Centered Family Coach & Certified Group Facilitator, the session provides an in depth look at secondary trauma (Vicarious Trauma). It focuses on professionals who work with youth and families. The training includes an overview of how trauma impacts the brain, development and life functioning. The presenter will provide tools to build resiliency, and will offer other skills and resources to help professionals develop a trauma informed practice.

To register for this CLE, please click this link.

____________

The NACDL is hosting, Mental Illness & the Law: Addressing and Litigating Behavioral Health Disorders in Criminal Cases, February 24-27. This virtual online training will bring some of the nation’s most experienced lawyers and experts to help you understand these issues, offer ideas and proven solutions to assist you in advocating for your client during trial, whether it be insanity defenses, jury selection, cross of expert witnesses, persuasion, or mitigation at sentencing. To view CLE credit and cost and to register, please click here.

_____________

Lastly, you may know or remember from last year that IDS offered 11 free-to-attend webinars on forensic evidence. This year IDS will continue to offer the webinars as part of a more formal series, which will help make it easier for you to attend, while getting CLE credit! This new series will start on Feb. 4.

If you’d like to attend some or all of the programs, please sign up using the link below. We look forward to seeing you on the webinars! 

2021 IDS Forensic Science Education Series

That’s all for this week Readers, thanks for reading and we’ll catch you next week!

Youth Assessment & Screening Instrument (YASI)

Youth Assessment & Screening Instrument (YASI)

by Kim Howes, Assistant Juvenile Defender

The Department of Juvenile Justice (DJJ) is implementing a new screening tool (YASI) to replace the current risk and needs assessment. The stated purpose of this new assessment is to better measure the risk of recidivism and to help develop an appropriate case plan to best suit the needs of the youth who is placed on probation. You can access the presentation from DJJ here.

The assessment addresses nine domains: basic needs, physical health, school, family, aggression, peers, attitudes, free time, and adaptive skills. There is both a pre-screen assessment and a full assessment. The Department of Juvenile Justice provided an overview of the assessment in November and as a result we want to provide you with some of our concerns as well as provide you with issues you may need to be aware of to assist you with advocating for your client at disposition.

Most importantly, this assessment is designed to take place at intake or prior to adjudication. While statute §7B-2413 specifically provides that the risk and needs assessment shall not be submitted or considered by the court prior to disposition, we know that in some jurisdictions this isn’t the case and information is shared prior to adjudication. This is especially an area of concern given the new assessment. As an important reminder – §7B-2408 explicitly prohibits any statement made by the youth to a juvenile court counselor during intake to be admissible to the court prior to the dispositional hearing.

Issues to be aware of:

  • The child accumulates points for not only prior adjudications, but also referrals and petitions filed for probation violations, regardless of whether or not the violation was adjudicated.
  • Several sections (basic needs, free time, community involvement, school) have the potential to create disparity based on poverty and DSS involvement, not necessarily factors that are in our client’s control.
  • There are broad stroke assumptions about who may or may not be a positive influence and who may or may not be a gang member.
  • The sections addressing attitudes and aggression are areas of significant concern. These sections assume the youth is responsible and if the youth doesn’t admit there are points assessed for impact of behavior and willingness to make amends. There are several additional questions that address sex offenses that could possibly lead to additional petitions.

 These concerns are difficult to address because the majority of these assessments will be conducted prior to assignment of counsel. As a result, depending on your jurisdiction, you may need to proactively ensure that any information received is not provided to the ADA prior to adjudication, and if it is, consider objecting to the court and, if necessary, making a motion to suppress statements made to the court counselor. We have a sample motion here.

We hope by making you aware of this new assessment and its potential issues you will be better able to protect your client’s rights and help the court understand your client in a way that will help the court better address your client’s individual needs at disposition. Please reach out to OJD to let us know of any concerns you see as this is implemented.

You can access and review the pre-screen assessment here, and full assessment here.


If you would like to save this blog post as a document, please click here.

Week in Review: Jan 4-8

Happy New Year Readers! We hope your holiday was relaxing, lazy, and full of what makes you happy. It’s time to get back to work & as always, OJD is here to round up the week.

Tip of the Week

Complaints Received

We are focusing our Tips of the Week on stages of juvenile proceedings that disproportionately impact youth of color. This week we are considering complaints received:

Attorneys are appointed to cases once a complaint is received by juvenile justice, then filed as a complaint.  So generally attorneys can’t impact whether or not a complaint is received.  But attorneys can prevent the case from going to adjudication by:

  • Asking for a dismissal for various reasons, such as the victim no longer wishes to prosecute or the juvenile has already made amends through a mediation program or restitution.
  • Continue the case for an opportunity for the juvenile to participate in a program such as suggested above, or Teen Court if your jurisdiction has one.
  • After an admission, ask the court to informally defer prosecution without an adjudication.  While the Code does not explicitly discuss this, prosecutors have broad discretion to dismiss allegations under N.C.G.S. 7B-2404.  If an adjudication is entered, the court may still “dismiss the case” under 7B-2501(d), in effect not entering a disposition.

Reminders!

  1. You may know or remember from last year that IDS offered 11 free-to-attend webinars on forensic evidence. This year IDS will continue to offer the webinars as part of a more formal series, which will help make it easier for you to attend, while getting CLE credit! This new series will start on Feb. 4.

If you’d like to attend some or all of the programs, please sign up using the link below. We look forward to seeing you on the webinars! 

2. Duke University has only had a handful of responses from NC public defenders, and would really like more so that they can more accurately learn about practices in North Carolina specifically. 

You can find the survey at this link (https://virginia.az1.qualtrics.com/jfe/form/SV_3V6Ob2DbXpPl4K9), and it will only take about 10 minutes to complete, and they will mail you a gift-card for your participation. The survey will be closing soon, so please complete it in the next two weeks.

If you have any questions or comments, please feel free to reach out to william.crozier@duke.edu.

3. Have you seen the new Juvenile Code? See a sneak peek below! Thanks to Eric for the picture.

From LaTobia,

I am seeking guest writers for our blog for each month this year, specifically those in juvenile defense or youth advocacy work. Topics will be of your choice, but should include some supporting information such as statutes, cases or graphics. These blogs are geared to help fellow attorneys and create discussion in regards to juvenile proceedings and court processes. Feel free to send me an email at latobia.s.avent@nccourts.org so we can discuss this further or if you’d like to volunteer. Also, feel free to send this message to your colleagues and friends, whoever may be a great contributor. Thanks!

Your 2020 Year in Review

We have reached the Year in Review portion of our weekly reviews! How did we get here so fast?! While this year has been the most challenging, between Zoom & WebEx, crashing technology and “Can you hear me?” ten times a day, everyone has worked so hard to keep our support of #JuvenileJustice strong. So true to tradition we have put together a culmination of what OJD has done throughout the year and it feels like so much :D.

With the tremulous year of 2020 ending, The Office of the Juvenile Defender (OJD) would like to recap how the year unfolded through it all. We’ll review how OJD hired a new Assistant Juvenile Defender, hosted new trainings, managed the first year of Raise the Age (RTA), and produced several materials as required for the second year of the federal OJJDP grant. OJD has worked throughout the year to keep our defenders informed and supported, while working on new ways to serve the state, such as our Regionalization plan.

Activities and Initiatives Since COVID-19 

Since the beginning of the pandemic, OJD has held weekly check-ins to speak about current projects, ways to engage in the community without physical contact, and how to support defenders in the best way through the various projects listed in this report. OJD has been reaching out to defenders in the field, offering support and resources and gathering information to relay to the defender community.  Additionally, we have communicated with other court actors, especially juvenile justice administration, to stay updated with ongoing changes in policies and procedures. We began work on additional pocket guides like the RTA guide released in December. Each guide will highlight a specific area of juvenile delinquency law and provide defender strategies, such as secure custody and adjudication. We also began developing remote training capabilities and plan to pilot trainings during the court closure. Each one of these activities and initiatives will be discussed further below along with updates from the initiatives from 2019.

Raise the Age

              While RTA implementation has been slowed by the impact of COVID on the courts, OJD has been steadily reacting to the impact of the new law: 

  • General consulting on trial and appellate issues 
  • Focusing on specific issues, including indictment procedure and the intersection of bonds with youth in detention 
  • Challenging the “automatic” transfer provisions through motions practice 
  • Working with IDS General Counsel on the development of a comprehensive chart on the appointment/payment/recoupment of attorneys representing transferred juveniles 
  • Participation on the Juvenile Jurisdiction Advisory Committee, with a focus on discussing ongoing conforming changes to the law, as well as the minimum age of juvenile jurisdiction in NC (it is currently 6, the lowest stated age in the U.S.) 

Take a break, settle in and get comfy, and read our 2020 Year in Review here.

Week in Review: Dec 7-11

Hello from another Friday Readers! We’re inching closer and closer to a new year and even closer to cold weather. Hope you’re staying warm and cozy while you keep up the amazing work of juvenile defense or advocating for juvenile rights. And next week, we’ll be recapping what a year 2020 has been within OJD and the NC Court System. See you then!

Raise the Age Tip of The Week

How Do I Know the State Will be Seeking the Gang Enhancement Against My Juvenile?

Under current law, there is no process for notice to the juvenile and the juvenile’s attorney that the state is seeking the gang enhancement.  As the juvenile’s attorney, you should consider the following:

  • Get a copy of the gang assessment from DJJ prior to adjudication
  • Argue that the notice of gang enhancement be presented pre-adjudication
  • Develop a theory of defense against client’s involvement in gang activity
  • Prepare for a hearing on the issue
  • Request a hearing, similar to an adjudicatory hearing
  • Request the court make findings on the record and appeal where  appropriate

ncIMPACTFaceBook Live Event

LaToya Blackmon Powell will be participating in a live panel discussion about School Justice Partnerships, hosted by Anita Brown-Graham, Professor of Public Law and Government and Director of the ncIMPACT initiative at the School of Government. The discussion will be filmed by UNC-TV as a Facebook Live event from 12-1 PM this coming Monday, December 14.

We hope you are able to attend and participate in the virtual discussion and/or share the information with others who may be interested. This is a great opportunity to ask questions and engage in an interactive conversation.

Juvenile Defense Policy and Practice Resource Guide

The National Juvenile Defender Center (NJDC) is pleased to announce the release of their updated Juvenile Defense Policy and Practice Career Resource Guide.  Every year, NJDC updates this guide to provide students and others with valuable resources to jumpstart a career in juvenile defense. NDJC has created this electronic guide to raise the profile of juvenile defense as a career.  It is intended for law students interested in pursuing juvenile defense as a career and includes information on coursework and externships that will help strengthen a candidate’s application in the juvenile defense field; resources to guide in the search for juvenile defense jobs, fellowships, and funding opportunities; and a list of offices around the country that provide employment and internship opportunities specific to juvenile defense. Please feel free to use it as a resource and share with others who may be interested!

Now Seeking 2021 “From a Lawyer’s View”  Guest Bloggers

LaTobia is looking for guest bloggers to contribute to our new series, “From a Lawyer’s View”. Defenders and those in juvenile justice are welcome to write in on topics of their expertise: secure custody, mental health in juveniles, etc! We want to hear from you! We’ll take your tips and blog posts! Reach out to LaTobia here for more information.

Week in Review: Nov 30 – Dec 4

Happy December Readers! Can you honestly believe we are in DECEMBER already? With everything we have collectively experienced in 2020, raise your hand if you’re ready for a new year! So let’s start our countdown together, shall we?

LET’S CELEBRATE ONE YEAR OF RAISE THE AGE!

It’s officially been 1 year (and 3 days to be exact) since Raise the Age went into effect. One year of some legal shaking in the courtroom, 1 year of 16 and 17 year old’s who commit crimes (with exceptions) being treated as youth and not adults, in the eyes of the law. How has RTA affected your stance in the courtroom? Has it been more difficult, challenging or a breeze? We want to hear from you!

Tip of the Week – RTA Edition

What Is the Process for Indictment?

Once a petition is filed against a juvenile, the prosecutor may submit the petition to a grand jury for indictment.  Unlike in adult criminal court where the prosecutor submits a bill of information prior to charges being filed, in juvenile court the grand jury process starts after the formal charging process (petition filed) begins.  If an indictment is handed down against the juvenile and the juvenile is given notice, the juvenile court must transfer the case to superior court.

JOB POSTING!

The Council for Children’s Rights in Charlotte / Mecklenburg County. They are seeking to hire a full-time Juvenile Defense Attorney to join its Children’s Defense Team.  The Juvenile Defense Attorney will represent children in delinquency and civil commitment matters in Mecklenburg County Juvenile Court.  To apply, please submit a cover letter and resume by December 7, 2020. 

A direct link to this job posting and to apply can be found by clicking here.  Please feel free to share this on your social media and with your colleagues. We have also posted this on our Twitter (@NCOJD) and our FaceBook (@NCOJD) for easy re-sharing.

From OJD to You

Tonight, while we’re gathered with our families, during a time when everything feels so uncertain, it’s humbling to know that so many of you work so hard to defend our youth. There’s only so many things that can be said, but to you, OJD says, “Our amazing, champion Defenders, OJD cannot be more thankful for the work you do every day. Thank you for the long hours, the fights for change, and the time you spend ensuring our youth have a chance. Happy Thanksgiving Weekend!”

We’ll see you Monday morning. In the meantime, check out this video from IDS: Why Public Defenders Love Their Jobs.

Week in Review: Nov 16-20

Happy Friday Readers! It’s getting chilly outside, have you had your traditional cup of cider yet? We’re getting ready right now! We have a short and sweet blog for you today but still some great information to share!

TIP OF THE WEEK

What Is the Process for Indictment?

Once a petition is filed against a juvenile, the prosecutor may submit the petition to a grand jury for indictment.  Unlike in adult criminal court where the prosecutor submits a bill of information prior to charges being filed, in juvenile court the grand jury process starts after the formal charging process (petition filed) begins.  If an indictment is handed down against the juvenile and the juvenile is given notice, the juvenile court must transfer the case to superior court.

Survey

The NC Poverty Research Fund at the UNC School of Law are conducting a survey and could use your participation . It is part of a larger project examining poverty and the criminal justice system. Although this survey is geared toward attorneys, they’re interested in hearing from anyone who works with youth or previously worked with in the juvenile system. Please feel free to share with your colleagues and networks.

All responses are anonymous. No personal information is collected with this survey and if you have questions or concerns, please contact Heather Hunt, Research Associate at the NC Poverty Research Fund, at hhunt@email.unc.edu.

To take the survey, please click here. Please respond by December 1, 2020.

CLE OPPORTUNITY

Please join the NC Racial Equity Network Annual Convening, which will be held virtually from 1:00pm – 4:00pm on December 2 and December 4

In addition to a keynote address from NCSC Associate Justice Anita Earls and a deep dive into Batson and Fair Cross Section strategies, this program will also cover emerging developments related to racial justice and the Fourth Amendment, the lawyer’s ethical obligation to address structural racism, and the campaign to remove confederate monuments from North Carolina courthouses. 

Registration: Visit http://renapply.web.unc.edu/registration/ to register online and find additional information about the program. Pre-registration is required. The registration deadline is midnight, Friday, November 27. 

Fee: Thanks to a grant from the Z. Smith Reynolds Foundation, registration is provided at no cost to participants.

CLE Credit: The NC Racial Equity Network Annual Convening offers up to 5.5 hours of CLE credit, including 4.50 hours of general CLE credit and 1.00 hour of ethics CLE credit (application pending), which we will report to the State Bar on your behalf. If you are unable to view the entire program, please submit a partial credit form to the program associate, Olivia Howes at howes@sog.unc.edu by December 14, 2020.    

For More Information: If you have any logistical questions or would like additional information, please contact Olivia Howes at howes@sog.unc.edu. If you have questions about the course content, please contact  escoward@sog.unc.edu.

Week in Review: Nov 9-13

Happy Friday Readers! While it’s been rainy this week for North Carolina, we hope wherever you’re reading this from, your week has been great and you continued to champion for Juvenile Justice. It’s a short and sweet blog today, just enough to get you headed to your weekend!

Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender

To preserve issues for appeal, object to any evidence that you suspect is inadmissible. Make sure you provide specific grounds for your objections and constitutionalize your objections. Lastly, get a ruling.  If you don’t get a ruling, the argument might be waived on appeal.

Job Announcement!

IDS is seeking a new Contracts Administrator based in Durham, NC. The Contracts Administrator would enter into and administer contracts with individual attorneys, law firms, and non-profits for indigent representation throughout North Carolina, primarily through a Request for Proposals (RFP) process.  This is a data and systems driven position.

Do you have knowledge of:management and maintenance of a database system to monitor contract performance and to generate reports; and policies related to issuing and evaluating RFPs and individually negotiated contracts in a government setting? Want to know more about this job posting? Maybe you’re looking for a change of pace? Well, click here to learn more and apply today! This posting closes 11/17.

Add Us on Social Media!

Twitter: @NCOJD

Facebook: North Carolina Office of the Juvenile Defender

More to come soon!