Week in Review: Feb 22-26

Happy Friday Readers! We’ve conquered the last week of February and ready to start new challenges on Monday, March 1, right? Right! A Monday and first of the month? Please! Just a little humor to get us going but as always, here’s to your week in review.

Tip of the Week – Discovery

The Juvenile Code has similar discovery rules to those followed in adult criminal court.  Though Juvenile Court is in District Court, most jurisdictions understand that discovery transfer is a practice for both misdemeanors and felonies in Juvenile Court.  Even if there’s an “automatic discovery” rule in your jurisdiction, you should always file a motion  to receive discovery.  Note that the state may also file a reciprocal motion, which may impact your decision on presenting expert opinion testimony or reports.

Have you seen our FINAL #BlackHistoryMonth Spotlights?

Charlotte Dover (Left) & Aleta Ballard (Right)

This week we showcased two great attorneys and their work within the juvenile defense community. First up was Charlotte Dover on Tuesday and Aleta Ballard on Thursday via our Twitter and FaceBook pages. To catch up on their spotlights: You can see Charlotte’s spotlight here & Aleta’s spotlight here. We would like to thank all of our Spotlight Attorney’s for being so willing to participate and show us what #BlackHistoryMonth means to each one of them and the importance of equality in our juvenile justice system. We appreciate you!

And if you haven’t followed us on Twitter & FaceBook yet, click the links to do that too!

LGBTQ CLE: Representing LGBTQ Youth

OJD would like to thank Ames Simmons on his presentation for our Representing Youth CLE held on Wednesday. The class covered topics such as a LGBTQ 101, pronouns, identity, how to support and approach young LGBTQ members who may not know how they identify and how to advocate for them individually.

Eric Zogry for the NC Bar Blog

OJD’s Eric Zogry was a guest blogger for the NC Bar titled, “Reconsidering North Carolina’s Minimum Age of Jurisdiction. He speaks on the need to raise the minimum age of children that can be charged with a crime, citing committees and tasks forces that have worked to recommend what that age should be. To read Eric’s blog, click here.

Happy Weekend!

Week in Review: Feb 15-19

Happy Friday Readers! We finally made it to the weekend, how good does it feel? Not to keep you waiting, let’s get right to it.

Tip of the Week – Before You Plea

Talk to your client about the impacts of an adjudication.  While not as public as adult criminal convictions, juvenile adjudications may impact the following: immigration status, educational placement, housing conditions, eligibility to play sports, placement on a sex offender registry (in N.C. or other states) and others.  Always consider the long-term consequences of what may first appear to be a short-term decision.

FROM IDSIMPORTANT

The Commission on Indigent Defense Services recently approved a modest, but much-needed, partial restoration of rates paid to private counsel providing representation in some case types. Specifically, the Commission voted to raise by $5 an hour the rate for high-level felonies, with a corresponding increase in non-hourly representation for adult criminal and juvenile delinquency proceedings. The Commission also voted to raise by $5 an hour the rate for DWI and Class A1 misdemeanors disposed of in the district court, with a corresponding increase in non-hourly representation. The increases approved by the Commission will take effect on March 1, 2021. Please click here to read the notice from Darrin Jordan, the Commission Chair, and IDS Executive Director, Mary Pollard. Also, if you have any questions, please reach out to Whitney Fairbanks via email.

Have you seen our #BlackHistoryMonth Spotlights?

Dorothy Hairston-Mitchell & Sharif Deveaux

This week we showcased two great attorneys and their work within the juvenile defense community. First up was Dorothy Hairston-Mitchell on Tuesday and then Sharif Deveaux on Thursday on our Twitter and FaceBook pages. To catch up on their spotlights: Click here for Dorothy & Click here for Sharif.

OJD CLE NEXT WEEK!

Wednesday, February 24, 2021 at 2:30 PM, OJD is hosting “Representing LGBT Youth”. This CLE will be presented by Ames Simmons, the Policy Director for Equality NC. This program will be a 90 minute CLE, with application pending and FREE TO THE FIRST 35 REGISTRANTS. This webinar includes a general review of introductory concepts and terminology related to LGBTQ identities, including the importance of pronouns to professionalism. We will discuss gender-expansive youth and the processes of gender transition for young people. We will talk about LGBTQ youth in out-of-home custody and present best practices for advocating for LGBTQ young people in the juvenile legal system. CLICK HERE TO REGISTER.

Got Some Extra Time This Weekend?

Kids Behind Bars: Life or Parole is a 2020 show that premiered on A&E and covers the individuals stories of youth sentenced to Life without Parole who are now seeking resentencing due to changes in law throughout their imprisoned life and new evidence. This show is not indicative of strategy or pertinent information of NC law and statute, this is shared simply for additional information on how changes in LWOP have affected juvenile justice. To watch and learn more, click here.

Week in Review: Feb 8-12

Happy Friday Readers! We hope your week was productive with plenty of moments to catch your breath too. Couple of announcements for you this week, along with a new (and free) OJD CLE!

Tip of the Week!

Where Can I Find the Law on RTA?

If you want to see the Session Laws which include the Raise the Age changes, see:

Senate Bill 413: 2019 Session Amendments to the RTA Bill (Juvenile Justice Reinvestment Act)

Senate Bill 257: The final bill budget for Session Law 2017; info pertaining to the Juvenile Justice Reinvestment Act can be found on pages 309-325

You can also check out the NC General Assembly website.  Look under “Bills and Laws,” then “General Statutes.”  You can search by citation or test, or you can look at Chapter 7B under the Table of Contents, and see the most recent changes to statute text on the right side of the statute.

FROM IDS

The Commission on Indigent Defense Services recently approved a modest, but much-needed, partial restoration of rates paid to private counsel providing representation in some case types. Specifically, the Commission voted to raise by $5 an hour the rate for high-level felonies, with a corresponding increase in non-hourly representation for adult criminal and juvenile delinquency proceedings. The Commission also voted to raise by $5 an hour the rate for DWI and Class A1 misdemeanors disposed of in the district court, with a corresponding increase in non-hourly representation. The increases approved by the Commission will take effect on March 1, 2021. Please click here to read the notice from Darrin Jordan, the Commission Chair, and IDS Executive Director, Mary Pollard. Also, if you have any questions, please reach out to Whitney Fairbanks via email.

Have you seen our #BlackHistoryMonth Spotlights?

Lyana Hunter (left) & Staisha Hamilton (right)

This week we showcased two amazing women and their work within the juvenile defense community. First up was Lyana Hunter and then Staisha Hamilton. To catch up on their spotlights, click here for Lyana and click here for Staisha!

OJD CLE OPPORTUNITY!

Wednesday, February 24, 2021 at 2:30 PM, OJD is hosting “Representing LGBT Youth”. This CLE will be presented by Ames Simmons, the Policy Director for Equality NC. This program will be a 90 minute CLE, with application pending and FREE TO THE FIRST 35 REGISTRANTS. This webinar includes a general review of introductory concepts and terminology related to LGBTQ identities, including the importance of pronouns to professionalism. We will discuss gender-expansive youth and the processes of gender transition for young people. We will talk about LGBTQ youth in out-of-home custody and present best practices for advocating for LGBTQ young people in the juvenile legal system. CLICK HERE TO REGISTER.

THATS ALL FOR THIS WEEK! HAVE A GREAT WEEKEND!

Week in Review: Feb 1-5

Happy Friday Readers! February is the shortest month in our calendar but what some like to call, “the real start to the new year, January is a test run.” February also brings Black History Month and we have some great shares coming your way this month, so keep an eye out on our socials!

ANNOUCEMENT

In a a week or two, OJD will be undergoing a bit of a makeover. Our website is getting a whole new look and feel to better fit the needs of a growing and changing audience. Please bear with us during that time and if you need anything, feel free to email or call and we will make sure you get your motions, forms, and tips. Thanks!

Tip of the Week

Transcript of Admission Tips 

Filling out a transcript of admission on any admission of a new offense is important for several reasons.  It memorializes the record of admission in writing if subject to an appeal.  Reviewing the transcript with your client helps your client better understand the admission and the rights s/he is asserting or waiving.  Make sure you complete the transcript with your client present and do so in a confidential space. Consider making a copy of the transcript to keep at the attorney table to help your client answer questions.  Stand with your client when the court asks your client the listed questions and be prepared to confer with your client if any issues arise.

Resources

Don’t forget about our guest blogs that have been posted recently. They contain some very important information alongside some extra tips to make our Defenders even better than they already are!

The Kitchen Sink: Written by David Andrews on challenging automatic transfers.

Yasi: Written by Kim Howes and discusses the new Youth Assessment tool and issues to be aware of.

Black History Month – Did You Know?

Juvenile girls, ages 14-17 held in detention. Source: Biography.com

As Defenders and Juvenile Justice advocates, we know that the voice of children can challenge and change the way we think and increase our desire to make the world a better place for them. This is not a new way of thinking and is evident throughout history and here is just one of many stories below:

On May 2, 1963 in Birmingham, Alabama is known as the Children’s Crusade or most notably called, “The Birmingham’s Children’s Crusade.” This was a series of non-violent demonstrations held by children aging from 5-17 and a result of the incarceration of Martin Luther King, Jr and his “Letter’s from a Birmingham Jail” among others detained during civil rights movements in Alabama. The Southern Christian Leadership Conference and Alabama Christian Movement for Human Rights believed that if officers saw young children present, and trained them in non-violent tactics, but that was not the case. 100s of young children were arrested and detained and on the second day, the Commissioner of Public Safety ordered pepper spray to be used on the children, also hitting them with batons and threatening them with police dogs. Under the threat of harm, these children continued to protest the business segregation in Birmingham and lack of civil human rights they were receiving. By May 10, after national visibility and frustration, Birmingham city leaders agreed to desegregate businesses and free all the jailed children and adults from the demonstrations. In response to the Children’s Crusade, Dr. King said. “Even though we realized that involving teenagers and high-school students would bring down upon us a heavy fire of criticism, we felt that we needed this dramatic new dimension…Our fight, if won, would benefit people of all ages. But most of all we were inspired with a desire to give to our young a true sense of their own stake in freedom and justice. We believed they would have the courage to respond to our call.”

To read more about this historic event, please click here.

THANKS FOR READING!

HAVE A GREAT, SAFE, FUN, AND COZY WEEKEND!