Week in Review: Sept 14-18

Readers! Have we been the only ones looking forward to Friday? We can’t be. So let’s get your weekend started with a fresh blog and a couple slices of information pizza (yeah….we’d rather have a large NY Pepperoni too!)

Heads Up!

OJD is working from home and voicemail’s are checked every other day. For the fastest reply and communication, please send us an email. Email’s can be found HERE on our contact page, if you need. THANKS!

TIP OF THE WEEK – Brought to you by Raise the Age

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.

HAVE YOU REGISTERED YET?

Friday September 25, 2020, 2:30-3:30 PM OJD is hosting “Defend Children From ICE.” Presented by Helen Parsonage, Board Certified Immigration Specialist and FREE to the first 35 DEFENDERS who register. Discussing the topic of children and immigration, strategies in your defense and other great information, You DON’T want to miss this training. Register herePLEASE PUT YOUR BAR NUMBER IN THE JOB FIELD BOX.

Symposium: The Roles of Prosecutor and Public Defender in Criminal Justice Reform

October 2, 2020 from 10:00AM-3:00PM (EST). This will be a virtual symposium presented by the North Carolina Commission on Racial and Ethnic Disparities (NC CRED) in collaboration with the National Consortium on Racial and Ethnic Fairness in the Courts. The Keynote Speaker is Jonathan Rapping, Founder and President, Gideon’s Promise, Atlanta and will also feature presentations from prosecutors and defenders from across the country and of course, North Carolina. You can see a list of speakers and topics, by clicking HERE. To register, click HERE. Thank you!

A Bit of Information Pizza…

The School of Government has issued a new bulletin on Indigent Defense practice during COVID-19. The principal author Ian Mance, is the COVID-19 Resource Attorney in the public defense education group at UNC. Here is the link: https://www.sog.unc.edu/publications/bulletins/indigent-defense-attorneys-and-covid-19-faqs-about-practicing-during-pandemic

Click HERE for a link to an earlier bulletin by Ian about possible grounds for securing release of inmates during COVID-19

For additional resources, please see the COVID-19 Tool Kit on the School of Government Public Defense Education website.

As always, thanks for all that you do for our youth, communities and neighbors. Have a safe, socially distanced weekend, enjoy the upcoming Fall and we will see you next week.

Week in Review: Aug 31-Sept 4

Hello September! Who else is ready for sweater weather? Fall is approaching and all we can think about is hot coffee and comfy socks, of course while we continue working :D.

Tip of the Week – What’s an Alford Plea?

A plea under State v. Alford is where an accused will admit to responsibility in court, not because they believe they are guilty, but because they believe it is in their best legal interest to do so.  While Alford is not explicitly afforded in the Juvenile Code, the Court of Appeals upheld an Alford plea, In re C.L. (2011).  Defenders should remember to explain to clients that an Alford plea has the same impacts and consequences as a standard admission.

Defenders, Register for our September CLE!

Friday September 25, 2020, 2:30-3:30 PM OJD is hosting “Defend Children From ICE.” Presented by Helen Parsonage, Board Certified Immigration Specialist and FREE to the first 35 DEFENDERS who register. Discussing the topic of children and immigration, strategies in your defense and other great information, you DON’T want to miss this training. Who could turn down free learning? Register herePLEASE PUT YOUR BAR NUMBER IN THE JOB FIELD BOX.

Racial Justice for Youth Toolkit

From the National Juvenile Defender Center, the “Racial Justice for Youth: A Toolkit for Defenders empowers juvenile defenders with the training, resources, and information to fight the over-policing, over-criminalization, and school exclusion of youth of color.

Through the Toolkit, we hope to inspire juvenile defenders to view racial justice advocacy as an integral and essential component of their youth advocacy.”

Please take a moment to sign up for the toolkit. Click here to sign up for a Racial Justice Defender Toolkit account for access to member-only resources that may not be available to the public. In doing so, you are helping to continuously advocate for racial justice throughout a youth’s case and help fight systemic racism in our courts.

HAVE A SAFE AND FUN (SOCIALLY-DISTANCED) LABOR DAY WEEKEND!

From a Lawyer’s View: The Importance of Creativity in the Representation of Juveniles at Disposition

Happy Friday Readers! No Week in Review this week, but please keep reading for our 2nd installment in our new series: “A Lawyer’s View.”

The Importance of Creativity in the Representation of Juveniles at Disposition: Advocating for Alternative Dispositions

Dispositional hearings often feel a bit like the players are on the scene of the Bill Murray movie “Ground Hog Day.” The juvenile court counselor presents his or her recommendations to the court. The attorney has no questions but desires to be heard. The attorney says a few nice things about his or her client. The Court makes findings, and then adopts the recommendations of the court counselor. This scene is repeated regularly every day in delinquency court.

Although much of the time the recommendations of the juvenile court counselor are well-suited to address the juvenile’s rehabilitative and treatment needs, it is the duty of the juvenile’s attorney to make recommendations for alternative solutions when appropriate. Often, that necessitates a bit of creativity on the part of the attorney for the juvenile.

N.C.G.S. §7B-2506 provides a comprehensive list of dispositional alternatives available to the court for delinquent juveniles. These dispositional alternatives are affected by the dispositional limits for each class of offense and the delinquency history level of the juvenile. (See N.C.G.S. §7B-2506-2508)

The first step to making creative suggestions to the court regarding the dispositional alternatives is for a juvenile’s attorney to make themselves knowledgeable about the services available in their community. Attorneys who represent juveniles in delinquency cases should also get to know their clients, and the client’s parents in order to determine the juvenile’s rehabilitative and treatment needs.

Oftentimes, parents of the juvenile are well-equipped to ensure that the juvenile’s needs are being met. Attorneys should meet with their clients ahead of the scheduled court date and make inquiry of the parents regarding the needs of the juveniles, and what provisions can be made prior to the disposition to show the Court that the parents can meet these rehabilitative and treatment needs. Parents can arrange for therapy, substance abuse treatment, private community service, or any number of other services. Parents can implement in-home punishments such as a curfew, attend school regularly, remain on good behavior, not associate with anyone deemed inappropriate by the parent, or be at any place deemed inappropriate by the parent. These are typical conditions of a juvenile’s probation that do not necessarily require supervision by a juvenile court counselor. The juvenile’s attorney should prepare to inform the court regarding the conditions put in place by the juvenile’s parents, the parents’ plans for implementation, and provide examples of how the parents’ plans are being carried out in the home.

When an appropriate plan can be implemented by a juvenile’s parents, the juvenile’s attorney can ask the court to dismiss the disposition, or to place conditions on the juvenile under the parents’ supervision. Remember not all juveniles who are adjudicated delinquent require the supervision of a juvenile court counselor to address their rehabilitative and treatment needs. Attorneys should not rely on the juvenile court counselor’s court report to determine what those rehabilitative and treatment needs are. Attorneys should be prepared at disposition to advise the court regarding the needs of the juvenile and to make recommendations regarding the best way to address those needs.

Attorneys can get too comfortable with the “groundhog effect,” walking into court on the disposition court date, reading the recommendations of the juvenile court counselor, and not coming prepared to make their own recommendations. Oftentimes, this is because they assume that the judges are also on autopilot and reflexively adopt those recommendations. Judges look to the juvenile court counselor, the assistant district attorney, and the attorney for the juvenile to inform them of the juvenile’s rehabilitative and treatment needs and to make suggestions tailored to address these needs. Taking a little time to educate yourself about resources available in the community and to inform yourself about the needs of the client will assist you with becoming more creative in your suggestions to the court, and in achieving a better outcome for your client.

Written by: Honorable Christine Underwood. Judge Underwood presides over district court in Judicial District 22A, which includes Alexander and Iredell counties. She has been on the bench since January 2009. Before that, Judge Underwood was in private practice. She held a contract with the State of North Carolina to represent juveniles in delinquency court. Her other areas of practice included parent representation in Abuse/Neglect/Dependency court, criminal law, and family law. She graduated with a Bachelor of Science from Appalachian State University in 1994 and received her Juris Doctor from Campbell University’s Normal Adrian Wiggins School of Law in 2004.

Week in Review: Aug 10-14

Another Friday in the books! Thanks for stopping by to read up on OJD’s week! And stay tuned next week for a brand new A Lawyer’s View installment!

First, an Announcement from AOC:

NCAOC’s Office of General Counsel (OGC) has provided legal advice and guidance to court officials around the State regarding remote juvenile hearings and confidentiality of exhibits. This is a brief FAQ regarding technology, sharing screens and other topics surrounding WebEx hearings in juvenile court. Please read the full document here. It is not intended and should not be interpreted as legal advice or guidance to parties to individual proceedings before the courts.

Tip of the Week

Suppression motions aren’t often used in the District Court setting (outside DWI cases), however juvenile court offers many opportunities for suppression.  The juvenile code outlines the procedure for filing a motion to suppress (§7B-2408.5) and it may be made either in writing before the adjudicatory hearing or orally during the hearing.  Consider whether or not your client’s statement or identifications may be subject to suppression.  Remember – “in custody” is an objective test!  The test is whether a “reasonable juvenile” in the position of the respondent would believe him/herself to be in custody OR that s/he had been deprived of freedom of action in some significant way, and is not based on the subjective intent of the interrogator or the perception of the person under questioning.  That means if your client is in the principal’s office and the SRO is standing in front of the door, would your client feel free to leave?

Thank You!

To everyone that joined our Covid-19: State of our Mental Health Part II webinar last night! Thank you to our speakers, Dorothy Hairston-Mitchell, Jesse Edmonds & Nikki Croteau-Johnson you three did wonderful, giving great insight into our youth in and out of the juvenile system and how best to serve them during these times. From discussions about school, detention, ways to get active and to monitor our children’s mental health, we discussed it all. A bit of everyone joined too, from students to law professionals to the general public. Such great questions and comments! Big takeaway: It takes a village to raise a child.

Don’t Forget!

OJD is looking for guest bloggers to contribute to our new series: 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! There’s plenty more weeks left in the year! Reach out to LaTobia here for more information.

Week in Review: August 3-7

Happy Friday Readers! As the meme above says, another good week done! Thank you for all that you do in these times with our youth and in your daily lives. We know things are a bit crazy and harder than normal for everyone. You rock!

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.

Webinar?

Continuing with our collaboration with the School of Law at NCCU and the Virtual Justice Project, Part II of our Covid-19: The State of Our Mental Health webinar will be Thursday, August 13 from 6:00 PM to 7:30 PM. This is not a CLE.

Our guest speakers are Nikki Croteau-Johnson, MA, LP, HSP-PA from the NC Child Treatment Program in Durham, NC and Dorothy Hairston-Mitchell, Clinical Associate Professor and Supervising Attorney of the Juvenile Law Clinic at NCCU, and Jesse Edmonds, a Juvenile Court Counselor with NC DPS.

From discussions about the new school model, missing out on graduation to the shaking of their everyday lives, this webinar is intended on how to best adapt to our youth’s new path into growing up in a pandemic. Click here to register.

CLE REMINDER!

TODAY! from 3:00-4:00 PM. 

Jen Story, Tessa Hale, Mary Stansell are presenting a new CLE: Making the Connection- Education Advocacy and Juvenile Defense. 

Come to this session to learn the basics of special education laws and school-based intervention plans; how to issue-spot when students’ unaddressed needs in schools are exacerbating their behaviors; and how to incorporate this knowledge into your advocacy in a way that sets juveniles up for long-term success.  You can register for this CLE here and will be sent the meeting link information afterwards

This CLE is DEFENDER ONLY! OJD is covering CLE costs for the first 30 registrants and CLE is pending.

That’s all we have for this week!

Week in Review: July 27-31

Good morning readers! It’s the last week in July, can you believe it? Is time flying by or is it just us? Let’s start your weekend off with a new OJD blog.

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

A Bit of Housekeeping!

OJD is working from home for now and if you need to reach us for a case consultation, upcoming training, or have a question about court? Don’t forget you can email us for a faster response! Click here for links to our email addresses.

Upcoming Events

August 7, 2020 from 3:00-4:00 PMJen Story, Tessa Hale, Mary Stansell are presenting a new CLE: Making the Connection- Education Advocacy and Juvenile Defense. Come to this session to learn the basics of special education laws and school-based intervention plans; how to issue-spot when students’ unaddressed needs in schools are exacerbating their behaviors; and how to incorporate this knowledge into your advocacy in a way that sets juveniles up for long-term success.  You can register for this CLE here and will be sent the meeting link information afterwards.

Thursday, August 13, 6:00-7:30 please join us for COVID-19: The State of Our Mental Health Part II. This session will focus on the mental health and issues younger adults and youth are facing due to this pandemic. Featuring Nikki Croteau-Johnson, MA, LPA, Clinical Program Director at NC Child Treatment Program and Dorothy Hairston-Mitchell, Clinical Associate Professor and Supervising Attorney for the Juvenile Law Clinic at NCCU. Please click here to register for the event. You will receive the Zoom link afterward registering.

Opportunity!

LaTobia is looking for guest bloggers to contribute to our Week in Review. 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! There’s plenty more weeks left in the year! Reach out to LaTobia here for more information.

THAT’S ALL FOR JULY! HAVE A GREAT WEEKEND!

Week in Review: July 13-17

Happy Friday Readers! Can you believe it’s the middle of the month already? Well, here’s to another week down with a tip, a couple announcements and an opportunity!

TIP OF THE WEEK!

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.

Annoucements!

DEFENDERS! DON’T MISS OUT ON TWO FREE CLEs! 

July 24, 2020 at 3:00-4:00 PM. Interviewing and Counseling Youth: Presented by Dorothy Hairston-Mitchell, Clinical Assistant Professor & Supervising Attorney, Juvenile Law Clinic at NCCU. You can register here and will be sent the meeting link information afterwards.

August 7, 2020 from 3:00-4:00 PMJen Story, Tessa Hale, Mary Stansell are presenting a new CLE: Making the Connection- Education Advocacy and Juvenile Defense. Come to this session to learn the basics of special education laws and school-based intervention plans; how to issue-spot when students’ unaddressed needs in schools are exacerbating their behaviors; and how to incorporate this knowledge into your advocacy in a way that sets juveniles up for long-term success.  You can register for this CLE here and will be sent the meeting link information afterwards

Both CLEs are DEFENDER ONLY! OJD is covering CLE costs for the first 30 registrants and CLE is pending.

SAVE THE DATE! July 30, 2020 6:00-8:00 OJD along with Dorothy Hairston-Mitchell of the NCCU School of Law and The Virtual Justice Project, are hosting, COVID-19: The State of Our Mental Health Part II. More details to come!

Opportunity!

LaTobia is looking for guest bloggers to contribute to our Week in Review. 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! There’s plenty more weeks left in the year! Reach out to LaTobia here for more information.

Week in Review: June 22-26

Another week down Readers! How are you feeling? Ready to get off, grab some ice cold lemonade and enjoy some front porch action? Us too, so let’s get down to business.

TIP OF THE WEEK!

District court is generally not a court of record, however juvenile delinquency court is a court of record.  That means that you are creating a record for use on appeal if that becomes necessary at the conclusion of your case.  In addition to making sure you preserve the record for appeal (more on that later), you may want to consider requesting an audio recording of a proceeding for other reasons.  For example, if you have a probable cause hearing, you may want to request the audio recording (and possibly have it transcribed) for use in the subsequent adjudicatory hearing.  The AOC form to request the audio recording of your hearing is AOC-G-115.

Webinars & Resources!

The North Carolina Commission on Racial and Ethnic Disparities in the Criminal Justice System is hosting a webinar, Policing & Racial Justice: Where Do We Go From Here?, June 29 at 12:00 PM.

Topics include: police brutality, qualified immunity, the “defund the police” debate, and racial justice in the wake of the murders of George Floyd, Breonna Taylor and others. Presenters include: Frank Baumgartner, Kami Chavis, Cerelyn “C.J.” Davis and Greear Webb. See more information and register here.

As we close out our LGBTQ+ Pride Week, we wanted to share some important resources:

LGBTQ Cultural Competency Links –

Please read more about Pride Week and the historic Stonewall Riots written by Anthony Benedetti, Chief Counsel, Committee for Public Counsel Services in Boston, MA.

Job Seeking Anyone?

  • NCPLS is searching for a new Executive Director. Applications will be accepted until June 30th. NCPLS is a 501(c)(3) non-profit law firm that provides people incarcerated by the North Carolina Division of Adult Correction with constitutionally required meaningful access to the courts. The Executive Director has primary responsibility for managing the organization’s day-to-day operations, directing the work of the staff, and serving as the primary spokesperson for the organization. Click here for description and application!
  • Strategies for Youth (SFY), a national nonprofit organization committed to improving police/youth interactions and reducing disproportionate minority contact, is seeking a new staff attorney. They are considering remote candidates. Please read more about this amazing opportunity here.

Alright Readers! That’s all for this week. We hope you have a great weekend and we will see you on our Twitter (@NCOJD) and Facebook (North Carolina Office of the Juvenile Defender) on Monday!!

Week in Review: June 15-19

Here’s to another Friday in the books! Couple announcements and a bit of history today, and of course your weekly tip. Thanks for all that you continue to do.

Tip of the Week – Building Trust

Investing time is the single most important strategy for building trust and rapport with your client.  You need to listen and ask questions without judgment, and explain why you need to ask certain questions.  Allow your client the opportunity, and encourage him/her to ask questions as well.  Be sure to explain to your client how your role is different from other adults s/he has interacted with (i.e. attorney/client privilege).  And most importantly – never make a promise you can’t keep.  If you say you’re going to do something – do it!

Ahem! Announcements!

Juneteenth.

Juneteenth is the oldest nationally celebrated commemoration of the ending of slavery in the United States, also known as Freedom Day. June 19th  is recognized as the African American Emancipation Day after news delivered by Union soldiers in 1865, led by Major General Gordon Granger, announced in Galveston, Texas with news that the last of the enslaved were now free. This occurred TWO YEARS after President Lincoln’s Proclamation.

Today marks 155 years since the Emancipation Proclamation was revealed in Texas and many companies and brands have made this day a paid holiday, acknowledging the struggle and victories of the African-American culture. Other organizations will work to make today a day of learning, promoting knowledge and appreciation of African-American history and self-development. Happy Juneteenth.

NEXT WEEK

OJD will be celebrating and providing educational insight to the LGBTQ+ community as it is the last week of Pride Month. We will be sharing insightful tips on how to address, speak, and represent your LGBTQ+ clients in delinquency courts, as well as a little bit of history. Stay tuned!

And Finally…

CHEERS TO THE WEEKEND!

Week in Review: May 25-29

We’re already back at the weekend AND greeting June on Sunday. Can you believe how time flies? Who would think when we’re all home, all the time. We hope your Memorial Day weekend was restful!

Tip of the Week – Building Trust

Especially during the era of Covid-19, innvesting time is the single most important strategy for building trust and rapport with your client.  You need to listen and ask questions without judgment, and explain why you need to ask certain questions.  Allow your client the opportunity, and encourage him/her to ask questions as well.  Be sure to explain to your client how your role is different from other adults s/he has interacted with (i.e. attorney/client privilege).  And most importantly – never make a promise you can’t keep.  If you say you’re going to do something – do it!

IDS HAS A NEW EXECUTIVE DIRECTOR!

From NC AOC Communications:

The North Carolina Commission on Indigent Defense Services has appointed Mary Pollard as the new executive director of the North Carolina Office of Indigent Defense Services (IDS). Pollard’s legal career spans 27 years, most of which she spent working to protect the rights of indigent, incarcerated people. A Raleigh resident and mother of two, Pollard is a graduate of the Wake Forest University School of Law.

You can read the Press Release about Mary and her appointment here.

Resources

  1. UNC School of Government released a new blog post via On the Civil Side: Juvenile Justice Pandemic Lessons written by Jacquelyn Greene. You can click here to read this great blog.
  2. The next 2020 SJDC Virtual Summit presentation is next Friday, June 5th. Topic? Virtual Reality: Representing Juveniles in Remote Courtrooms 2:00 (ET) – 3:30 (ET) Panelists: Gar Blume, Tim Curry, Angela Vigil. Registration Link:  https://emory.zoom.us/webinar/register/WN_ddRytFWkSGajsMfBXDHjWA

WE HAVE SOME INTRODUCTIONS COMING TO YOU NEXT WEEK. CAN YOU GUESS WHO THEY ARE?