OJD Week in Review: Jan. 15-19

Good afternoon N.C. Juvenile Defender Community.  It has been a rather eventful week, depending on where you are, and we hope everyone is still warm and safe.  This week we would like recap a few important things.

ICYMI

Earlier in the week, Assistant Appellate Defender David Andrews offered a great breakdown of the updated North Carolina Juvenile Defender manual, the first new edition since 2008.  The new manual offers defenders instruction based on changes to the Juvenile Code over the past decade, including sections on procedures for suppression motions and Raise the Age legislation, along with expanded sections on other topics covered in the original.  Andrews co-wrote the new manual along with John Rubin, Albert Coates Professor of Public Law and Government at the UNC School of Government.  Please take a moment to read David’s article here and access the new manual on the School of Government’s website.

RTA

Also, earlier in the week our office released our “2017 Year in Review”, highlighting some of the juvenile defense community’s biggest achievements in the past year, including the passage of Raise the Age and commemorating the 50th anniversary of In re Gault.  In our post we also provide our plan going forward to evaluate contracts and provide training in response to the increase in juvenile jurisdiction.  To read our brief on some of our successes and plans from 2017, please check out our article here.

Quick Reminders

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) will be supporting National Drug and Alcohol Facts week, sponsored by the National Institute on Drug Abuse and National Institute on Alcohol Abuse and Alcoholism.  From Jan. 22-28, these organizations will be supporting community events nationwide and beyond that bring people together, from adolescents to experts, to discuss alcohol and drug abuse.  The National Institute on Drug Abuse will be providing free booklets about how to deal with drug abuse, in addition to other educational resources.

OJJDP will also be accepting nominations for their 2018 National Missing Children’s Day awards until Jan. 24.  They are seeking nominees for their Missing Children’s Citizen Award and Missing Children’s Child Protection Award.  These awards are meant to recognize private individuals who helped to recover a missing/abducted child and professionals, such as law enforcement officers and child protective service agents, who have worked to protect children from abuse and victimization.  For further details and to submit your nominations, please check here.

That will be all for now, but warmer weather, better days, and more news are ahead!  Don’t forget to check back early and often and follow us on Facebook and Twitter as well.

 

“Introducing the 2017 Edition of the N.C. Juvenile Defender Manual” by Guest Blogger David Andrews

David Andrews Profile Picture - Small

Late last year, John Rubin of the UNC School of Government and I published the 2017 edition of the North Carolina Juvenile Defender Manual. This edition was three years in the making.  In addition, its publication coincided with a year-long initiative to commemorate the 50th anniversary of In re Gault, 387 U.S. 1 (1967), the Supreme Court decision that transformed the protections for juveniles in delinquency cases.

The new edition of the manual builds on the structure of the original 2008 edition and contains discussions of recent changes to the Juvenile Code, and analysis of case law from the past ten years. Here are some of the major changes to the manual:

  1. Appeals (Chapter 16): I handle juvenile delinquency appeals and so, naturally, one part of the manual that saw some significant changes was the chapter devoted to appeals. The primary change to this chapter involves a new section on transmitting appeals to the Appellate Defender, which is a process that is sometimes overlooked by attorneys, but can result in complications and delays. We also added new sections on appeals by the State and appeals involving the denial of a motion to suppress.
  1. Suppression Motions (Chapter 11): Prior to 2015, there were no procedures in the Juvenile Code for suppression motions. However, in 2015, the General Assembly enacted a law that provided specific procedures for suppression motions filed in juvenile delinquency cases. The new edition of the manual describes those procedures, as well as recent opinions on suppression issues, such as D.B. v. North Carolina, 564 U.S. 261 (2011), and State v. Saldierna, 369 N.C. 401 (2016).
  1. Registration of juveniles adjudicated delinquent for sex crimes (Chapter 13): The new edition of manual includes a lengthier discussion of state and federal registration requirements for juveniles adjudicated delinquent for certain sex crimes.
  1. Modifying dispositional orders (Chapter 13): The new edition of the manual provides an expanded discussion of motions in the cause under N.C. Gen. Stat. § 7B-2600 and a discussion of two recent cases that shed light on the criteria for modifying dispositional orders.
  1. The juvenile’s right to access records (Chapter 10): In the chapter on discovery, John and I included a section on the juvenile’s right to access the clerk’s records for cases involving the abuse, neglect, or dependency of the juvenile; DSS records of cases in which the juvenile is under placement by a court or has been placed under protective custody by DSS; and records concerning the juvenile that are maintained by law enforcement and the Division of Adult Correction and Juvenile Justice.
  1. Raise the age legislation (Chapter 19): As John and I neared completion of the manual, the General Assembly enacted legislation to raise the age of jurisdiction for juvenile delinquency cases from 15- to 17-years-old. John and I added a short chapter that discusses portions of the legislation that went into effect in December 2017. We also provided a link to a primer by LaToya Powell on the changes that take effect in December 2019.

We hope that juvenile defenders around the state find the new edition of the manual useful. If you have questions or comments about the manual, please send them to David Andrews at david.w.andrews@nccourts.org or John Rubin at rubin@sog.unc.edu.

 

David W. Andrews is an Assistant Appellate Defender in the North Carolina Office of the Appellate Defender (OAD), a division of the Office of Indigent Defense Services. OAD staff attorneys represent indigent clients in criminal, juvenile delinquency, and involuntary commitment appeals to the Court of Appeals of North Carolina and the Supreme Court of North Carolina.

2017 Year in Review

Another year gone, some great milestones achieved, and the Office of the Juvenile Defender (OJD) would like to highlight a few of those accomplishments from 2017:

Legislation

This was a monumental year for juvenile justice legislation as we celebrated the 50th anniversary of In re Gault and the passage of Raise the Age in N.C.

Raise the Age: In regards to raising the age of juvenile jurisdiction, OJD met with advocates and stakeholders to develop strategies for bill passage and worked with the Administrative Office of the Courts (AOC) Legal Counsel to draft, edit, and respond to amendments to the legislation.  OJD responded to legislators and staff with questions about the legislation and we have developed a three-part plan to address the needs of defender services to absorb the increased number of cases.

Gault:  The Supreme Court’s decision in Gault granted due process rights to children, which essentially created the occupation of juvenile defenders, and due to the new legislation passed in our state, North Carolina will not be the last state to automatically treat 16- and 17-year-olds as adults.  OJD collaborated with the National Juvenile Defender Center (NJDC) and AOC to commemorate the fifty years since the Gault decision.

GAULTat50_TwitterTownHall_1

As part of our campaign to raise awareness about Gault, OJD worked with NJDC to create a webpage specifically for events in N.C. related to the celebration and to bring attention to N.C.’s commitment to fulfilling the promise of Gault.  On our own website and the UNC School of Government’s blog, in collaboration with LaToya Powell, OJD co-wrote a series of blogs on the legal impact of Gault on North Carolina law.  We also attempted to rally juvenile justice advocates to petition Google to create a Gault-inspired Doodle for May 15, the official anniversary of the decades-old decision, and encouraged other community leaders to solicit the media with op-eds and offer presentations of their own, such as the Council for Children’s Rights.  We also worked with the Governor’s Office to create a gubernatorial proclamation.  On the day of the anniversary, we launched our first Twitter Town Hall event with the hashtag #Gault50NC and we attended a gala in honor of the occasion hosted by NJDC in Washington, D.C.

With the assistance of AOC, we also created a video discussing the impact of Gault and the need for Raise the Age legislation in N.C.

Contracts & Trainings

Contracts:  There were no new contracts established in 2017, however with the passage of Raise the Age, OJD plans to evaluate current contracts and observe court in all districts to determine where new contracts will be needed once the law is fully implemented.  Assistant Juvenile Defender Kim Howes has also met with contractors in different districts to address issues, brainstorm, etc.

Trainings: This year, OJD was proud to have held several successful trainings in various districts including Districts 7, 19, 8, and 1.  We had the pleasure of collaborating with the N.C. Advocates for Justice, UNC School of Government, and others once again to bring together new and veteran juvenile defenders in different lectures and interactive training activities across the state.

Direct Representation

OJD continues to provide direct representation of juvenile clients.  This has allowed our Office to observe and respond to trends in juvenile court as well as continue to have a presence in the courtroom.  OJD has represented juveniles in cases transferred from other districts and been able to identify issues for appeal and base trainings on issues that have arisen in multiple cases in various districts such as proper amendments to charges on petitions and improper dispositional levels.  Collaboration with defenders in other jurisdictions when we have juvenile clients in common has resulted in better outcomes for juveniles with petitions in multiple districts.

Outreach

This year we’ve tried to bring new life to the OJD website, encouraging more guest blogs, getting our own domain, and exploring new avenues to engage the juvenile defender community through social media.  Since last year, OJD has seen the subscriptions on our blog more than double from the 190 we initially had prior to Marcus Thompson coming on board in our new communications and office manager position.  We have also had significant growth in our audience on social media, which has been very useful in raising awareness of what our office and the North Carolina juvenile defense community aspires to do and has accomplished.  With assistance from the media team at AOC, OJD has developed a podcast, which we hope to continue to produce in order to keep all stakeholders informed.  An OJD Facebook page has also been created in order to keep stakeholders engaged and facilitate conversation about current events related to juvenile defense around the country.

New Initiatives

With the implementation of Raise the Age underway, OJD has developed a three-part plan to address the needs of defenders to absorb the increased number of cases.  This includes (1) developing statewide and local conferences, trainings, and presentations to keep defenders informed, (2) proposing a system of dedicated defenders through contracting with local defenders, and (3) consulting with public defender offices and contractors to determine the impact of potential increase in caseload.  Our office has also created a page on the OJD website with resources specifically related to Raise the Age, including summaries of the legislation and a compilation of articles, and we will update this page as more materials become available.  Additionally, OJD has been appointed to or assisted committees in response to the new legislation including the Governor’s Crime Commission, AOC JWise Attorney Access workgroup, and the new Juvenile Jurisdiction Advisory Committee created by the new law.

OJD Week in Review: Jan. 8-12

This week we are lighter on the usual training notifications, but there are some important updates to be shared.

Training, Job Opportunities, and Events

wvpviwDue to the winter weather and the holidays, the UNC School of Government has announced that the deadline to register for the 2018 Child Support Enforcement:  Representing Respondents seminar has now been extended until Jan. 15.  Registration and other information can be found here.

Registration is also now open for the School of Government’s Regional Training for Indigent Defense: Defending Sexual Offenses.  This event will offer 3.0 CLE credit hours and will have sessions covering cross-examining experts, physical evidence, and motions and legal issues in sexual offense cases.  The training will be held on Thursday, Feb. 8, in Room 103 of the Dennis A. Wicker Civic Center at 1801 Nash St. in Sanford, N.C.  The deadline to register is 5 p.m. on Monday, Jan. 29.  An $85 registration fee will be required which will cover materials, snacks, and CLE credits.  For registration, contact details and other info, please go here.

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) will be supporting National Drug and Alcohol Facts week, sponsored by the National Institute on Drug Abuse and National Institute on Alcohol Abuse and Alcoholism.  From Jan. 22-28, these organizations will be supporting community events nationwide and beyond that bring people together, from adolescents to experts, to discuss alcohol and drug abuse.  The National Institute on Drug Abuse will be providing free booklets about how to deal with drug abuse, in addition to other educational resources.

OJJDP will also be accepting nominations for their 2018 National Missing Children’s Day awards until Jan. 24.  They are seeking nominees for their Missing Children’s Citizen Award and Missing Children’s Child Protection Award.  These awards are meant to recognize private individuals who helped to recover a missing/abducted child and professionals, such as law enforcement officers and child protective service agents, who have worked to protect children from abuse and victimization.  For further details and to submit your nominations, please check here.

Finally, for those interested, there are four juvenile court counselor positions available in Iredell, Union, Cleveland and Forsyth counties that will be closing today.  Interested parties can view and apply to these jobs here.

Progression of Raise the Age

On Thursday, Jan. 11, the N.C. Juvenile Jurisdiction Advisory Committee (JJAC) met for its second meeting since the passage of the Juvenile Justice Reinvestment Act.  During the meeting, several presenters addressed the Committee with research data and considerations for the juvenile justice system prior to and after the changes to the law are implemented.

AOC Director Marion Warren and Brad Fowler, manager of the AOC Research, Policy, and Planning Division, shared AOC’s analysis of the possible workload increase and need for more staff.  Fowler emphasized the need to assess the resources going into the cases we have now to prepare the juvenile justice system for the arrival of more cases.  “The system to handle 16- and 17-year-olds will not drop out of the sky the day the law changes,” he said.  “Having [the pieces] in place before that time is the goal.”

William L Lassiter, deputy secretary of juvenile justice for the Department of Public Safety, went on to discuss considerations for fiscal year (FY) 2018-2019.  Lassiter pointed out the need for subcommittees within JJAC, the success of raising the age in other states, and the need for more staff, improved facilities and community programs to assist youth.  Lassiter said that when Raise the Age was implemented in other states, complaints and recidivism rates dropped significantly, especially for kids younger than 12, because more diversion programs were explored as more kids were brought into the juvenile justice system.  While discussing community programs, he praised the success of North Carolina’s own Teen Court program.  “Teen Court is much more consequential and has a higher level of accountability than regular court.  Kids don’t want their friends to get away with something they didn’t get away with,” he said jokingly, pointing out how juveniles had to admit their guilt for a crime in Teen Court and a jury of their peers would ensure that juveniles would receive a suitable punishment in the form of community service, in addition to a term on the Teen Court jury.  Lassiter stated that participants in the Teen Court program only had a 12 percent recidivism rate and he desired for every district to have their own program.  He gave JJAC a breakdown of potential costs for community programs, new transportation for juveniles, and hiring of additional staff over the next few years, up to FY 2020-2021, which included about 292 new positions.

JJAC

Juvenile Defender Eric Zogry offered a brief presentation on the history and structure of North Carolina’s juvenile indigent defense system and the Office of the Juvenile Defender’s plan in preparation for the implementation of the law.  Zogry emphasized the need for a dedicated juvenile defender system in our state while pointing out that the majority of N.C. counties lacked a designated juvenile defender.  Mary Stansell, Juvenile chief of the Wake County Public Defender’s Office and member of JJAC, backed Zogry’s point, citing examples from her own personal experience of working with lawyers who were not familiar with or just not committed to the specialized practice of juvenile defense.

The last presentation by the Honorable J. Corpening, chief district court judge of District 5, discussed several phases to develop the school-justice partnership program.  Corpening talked about establishing relationships with other judges at leadership training, the progression of the program so far for specific counties, and the need for a comprehensive toolkit, website, and other resources to assist counties in implementing their own school-justice partnership programs.

Finally, the Committee returned to Lassiter’s suggestion to establish subcommittees to assist in the planning and execution of the new initiatives they would have to address in the coming months.  Several members of JJAC and others in attendance were selected to serve on the subcommittees before the chairs called for the meeting to be adjourned.

That is all the news for this week.  To catch up on upcoming training seminars, please be sure to check out our past posts.  We will be providing further updates on training, the progress of the Raise the Age initiative, job opportunities and more each week, so be sure to subscribe to the blog, Facebook page, and Twitter for all the news we have going forward into 2018!

OJD Week in Review: Jan. 1-5

Happy Holidays again and welcome to 2018, Juvenile Defender family!  We hope everyone has had a safe and happy holiday.  We’ve got a few resources and announcements to share to start you off and we will be bringing our 2017 Year in Review very soon as well.

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New Year, (Kind of) New Resources

Here on the OJD website, we have updated our “Training Material – Listed by Subjects” section, located under the “Materials for Defenders” tab, with the PowerPoints from our most recent training, hosted in Goldsboro in collaboration with the N.C. Advocates for Justice.  These training materials include tips on how to get experts, detention advocacy, the role of juvenile counsel, and a new introduction to juvenile court.

On the Office of Indigent Defense Services homepage, a video from the IDS Commission has recently been added.  The 10-minute segment features several members of the Commission including James Payne, Judge Lisa Menefee, Art Beeler, Dorothy Hairston Mitchell and others.  Each member briefly discusses their own career, the importance of indigent defense, the need for quality representation, and offers thanks to others who serve in indigent defense.  You can view the video here.

A Good Time for Training

The National Center for Mental Health and Juvenile Justice along with the Office of Juvenile Justice and Delinquency Prevention’s School-Justice Partnership Project is hosting a podcast series titled “Strategies to Build Family and Youth Engagement to Keep Kids in School“.  This series will highlight methods to aid youth with behavioral health needs and strategies for families to work with schools and stakeholders to improve outcomes for children.

Registration for the 2018 Child Support Enforcement: Representing Respondents seminar will remain open until 5 p.m. today.  This full-day seminar provides training for attorneys who represent alleged contemnors in child support enforcement proceedings, and it is open to public defenders and private attorneys. The program will take place on Friday, Jan. 19 from 8 a.m. to 4:15 p.m.  There is a $160 fee for privately assigned counsel, which includes materials, lunch, parking and breaks, but there is no fee required for IDS employees.  Six hours of CLE credit will also be provide for participants, including one hour of ethics.  To register and to find more information, including hotel reservations and contact details, please check the link here.  IDS employees may contact Elisa Wolper, Fiscal Officer at IDS, at 919-354-7200 for any questions regarding travel reimbursement.

The UNC School of Government has also announced that registration is now open for the 2018 Felony Defender Training, scheduled from Wednesday, Feb. 14, beginning at 9:45 p.m. and ending Friday, Feb. 16 at 12:45 p.m.  The deadline for registration will be Tuesday, Jan. 30.  This training is intended for attorneys who are new to handling felony cases and will cover multiple topics including lab reports, discovery and investigation, sentencing, and more.  This program will be open to private attorneys and public defenders.  There is a $415 registration fee for private assigned counsel which includes materials, parking, breaks, and lunches, and no fee is required of IDS employees.  Participants in this program will receive 15.5 hours of CLE credit, including one hour of ethics, one hour of mental health/substance abuse, and qualifies for N.C. State Bar criminal law specialization credit.  To register or to find more information on course materials, hotel reservations, or other details, please check the link here.  IDS employees may contact Elisa Wolper for information on travel reimbursement.

That is all for now.  There are already plenty of other training opportunities available for this year, so please feel free to check through our archives, especially those from the past month, to make sure you don’t miss out on any of them.  We will have more updates and highlights to come soon, so please check back with us often.  And again, we wish everyone a happy New Year and hope to help all juvenile justice advocates get a strong start in 2018.

 

 

ICYMI: Registration for the 2018 Child Support Enforcement Seminar Closing Soon

Registration for the 2018 Child Support Enforcement: Representing Respondents seminar is open until Friday, January 5.

TOPICS:  This full-day seminar provides training for attorneys who represent alleged contemnors in child support enforcement proceedings. The seminar will begin with sessions on the requirements for civil and criminal contempt and the dispositional alternatives available to the trial court.  It continues with presentations on understanding the state and federal regulations, community resources for your clients, and advocacy in child support contempt cases. The seminar also includes a one hour ethics session. An agenda is posted on the course webpage.

PARTICIPANTS: Child Support Enforcement: Representing Respondents is open to public defenders and private attorneys who do appointed work and is geared toward attorneys who represent respondents in child support enforcement proceedings.

TIMES: Check-in will be on Friday, January 19 from 8:00am to 8:45am, at which time the program will begin. The program ends at 4:15pm.

REGISTRATION: To register online, as well as to find directions and other program information (including our cancellation and refund policy), please visit: http://www.sog.unc.edu/courses/child-support-enforcement

Pre-registration is required and space is limited; the registration deadline is 5:00pm on FRIDAY, JANUARY 5. There is no on-site registration.

 FEE:  The registration fee for private assigned counsel is $160. This fee includes materials, parking, breaks, and lunch.  Thanks to support from IDS, there is no fee for IDS employees.

CREDIT:  The programs will offer six hours each of continuing legal education (CLE) credit, including one hour of ethics/professional responsibility.

HOTEL INFORMATION: A block of rooms is available for Thursday, January 18 at the Holiday Inn Express at a reduced nightly rate of $80.00 plus tax which includes a deluxe hot breakfast and Wi-Fi. To make a reservation online visit https://www.ihg.com/holidayinnexpress/hotels/us/en/chapel-hill/rdufr/hoteldetail or call the hotel directly at 919.489.7555 and mention Group Code CSJ. These rooms are being held on a first-come, first-served basis. The reservation deadline for the block rate is January 1, 2018.

TRAVEL REIMBURSEMENT – IDS STATE EMPLOYEES ONLY: Travel reimbursement for IDS state employees is contingent upon state rules and regulations. For all questions regarding travel reimbursement, please contact Elise Wolper—Fiscal Officer at IDS—at 919.354.7200.  Please note travel reimbursement forms must be submitted to IDS Financial Services within 30 days of travel or reimbursement will be denied.

 ADDITIONAL INFORMATION: We look forward to seeing you in January.  If you have any questions or would like additional information, please contact Tanya Jisa, Program Manager,  jisa@sog.unc.edu or 919-843-8981, or Austine Long, Program Attorney, at along@sog.unc.edu or 919.962.9594.