Happy Friday! This week we’ve got a new tip, a new training, a podcast related to an event covered on last week, and the usual reminders.
Tip of the Week – Secure Custody and Burden of Proof
If you have a client being held on a secure custody order – remember it’s the STATE’s burden to prove to the court, by clear and convincing evidence, that the juvenile should remain in custody AND no less intrusive alternative will suffice (§7B-1906(d)). That means it’s not the court counselor’s role! Ask the court for less restrictive means, for example electronic monitoring or house arrest. If the court finds that your client should remain in custody, the court is bound by the criteria in §7B-1903 and must make written findings of fact.
The Office of the Juvenile Defender will be hosting a Juvenile Court Basics CLE on Wednesday, Feb. 27, from 1 to 5 p.m. at the Cumberland County Courthouse. Assistant Juvenile Defender Kim Howes will be discussing the role of counsel, how to communicate with juvenile clients, dispositions, capacity, appeals, and so much more. Questions and concerns are welcome. Four general CLE credit hours are approved for this training. Please contact Marcus Thompson by email or call 919-890-1650 if you have questions.
Registration for the “2019 Regional Training for Indigent Defense: Special Issues in Felony Cases” is now open to IDS contract attorneys and to privately assigned counsel representing indigent clients. The training will focus on special issues in felony cases and include a two hour session on gangs. The Regional Training will be held on Thursday, March 21 at the East Carolina Heart Institute (ECHI) at ECU, located at 115 Heart Drive, Greenville, NC 27834. The training will take place in the Conference Room beginning at 12:45 p.m. Free parking is available in the visitor lots adjacent to ECHI as well as the Family Medicine building next door. Refreshments will be provided. To register and to find additional program information, visit their course page here. The registration deadline for the Regional Training is 5:00 p.m. on Monday, March 18. The registration fee is $95.00, which includes materials, CLE credit, and snacks. The training will offer 3.0 hours of general CLE credit. If you have any questions or would like additional information, please contact Program Attorney, Austine Long at firstname.lastname@example.org or 919.962.9594 or Program Manager, Tanya Jisa at email@example.com or 919.843.8981.
On March 15, from 10:00 a.m. to 4:45 p.m., the UNC School of Government (SOG) will be hosting the first North Carolina Criminal Justice Summit in the the University of North Carolina at Chapel Hill’s Carolina Club. The Summit will be lead by SOG’s own Professor of Public Law and Government Jessica Smith and will feature national and state experts with broad-ranging ideological perspectives who will discuss key issues capturing attention in North Carolina and around the nation, including bail reform, overcriminalization, and barriers to re-entry, such as fines and fees, the criminal record, and collateral consequences. Join the conversation as they explore how these issues impact justice, public safety and economic prosperity in North Carolina, and whether there is common ground to address them. This event will be free to attend, lunch will be provided, and it offers 5 hours of CJE and free CLE credit. Attendees are responsible for their travel expenses, including a $14 event parking fee. For those arriving the night before, state rate and discounted rooms at local hotels will be available. To apply for this course and find more details, please visit here. Applicants should be notified regarding acceptance by today.
From Around the Community
Last week we covered an event at Duke University in which Professor Brandon L. Garrett discussed juvenile life without parole and its impact on N.C. with a panel of juvenile justice advocates to correlate with the release of his newest report on the issue. This week we want to also bring attention to a recent episode of The State of Things that features Garrett discussing the topic further. If you would like to hear the 11-minute segment, please check it out here.