OJD Week in Review: Mar. 4 – 8

Welcome back!  This week we’re bringing attention to an update on our “Materials” page, a new tip, a fellowship opportunity, and training announcements.

Tip of the Week – Was Your Client’s Parent Present?

Any juvenile under the age of 16 must have a parent present for any in-custody interview. Any statement made without the parent’s presence is not admissible into evidence (§7B-2101(b)). Remember – “in-custody” is an objective test and uses the “reasonable juvenile” standard!

New Resource

We have updated our case summaries list, including new cases such as In re E.M. and In re B.B. and removing the broken links for all cases that took place prior to 2006.  Please feel free to download and review these cases as needed here.  If you find any issue with the document or its links, please contact our office.

Fellowship Opportunity

ChristyYJLIThe National Juvenile Justice Network (NJJN)  is now accepting applications to the 2019 Youth Justice Leadership Institute!  The Institute is a year-long fellowship program focused on developing a strong base of well-prepared and well-equipped advocates and organizers who reflect the communities most affected by juvenile justice system practices and policies.  This program is geared towards individuals of color working as professionals in the juvenile justice field, who may also be young adults who are system survivors themselves, or family members of someone in the system.  Each year, 10 fellows from across the country are selected to develop their leadership and advocacy skills in the context of a robust curriculum around youth justice reform.  The fellowship is completed concurrently with fellows’ current employment, so fellows do not have to leave their jobs to participate in the Institute.  The fellowship includes two fully financed retreats, mentoring and frequent distance learning opportunities.  Interested in learning more about the Institute, or know someone who might be?  NJJN will be hosting two informational webinars on March 21 and April 4, led by the Institute’s coordinator, Diana Onley-Campbell.  To learn more or apply, find additional info here, or please register for one of the informational webinars here.  The deadline to apply for the fellowship will be 11:59 p.m. on April 29th.

Training

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 along@sog.unc.edu or 919.962.9594 or Program Manager, Tanya Jisa at jisa@sog.unc.edu 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.  For more details, please visit here.

Call to Action!

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North Carolina is in need of dedicated defenders today!  With the expected increase of juvenile defense cases following the full implementation of Raise the Age, North Carolina’s juvenile defender community will be in need of quality juvenile defense attorneys.  We want to encourage attorneys with a passion for protecting our most vulnerable populations, whether you possess decades of experience or you’ve been practicing for just over five years, to consider specializing now.  We also want attorneys fresh out of law school and those currently in law school to plan to take the specialization exam later in their career.  For details on specializing in North Carolina, please check out the link here (links also available on the sidebar).  Applications for the specialization exam with the N.C. State Bar should be open between May and July this year.  For additional resources and information about specializing, please check out the National Juvenile Defender Center’s page here.

That will be all for now, folks!  Please check us out on OJD’s Twitter and Facebook for posts throughout the week.

Duke Law Hosts JLWOP Panel

JLWOP Panel

On Monday, Feb. 11, the Duke Criminal Law Society and Duke Law Professor Brandon L. Garrett (pictured speaking at the lectern stand on the right) hosted a panel discussion regarding their newest study, “Juvenile Life Without Parole in North Carolina.”  The panel featured (seated from left to right) David Andrews of the Office of Appellate DefenderBen Finholt of N.C. Prisoner Legal Services,  and N.C. State Representative Pricey Harrison.

The event opened with an introduction of the panel by Garrett, before panelists presented their own perspectives on the issue of juvenile life without parole (JLWOP) and the study released by Garrett and his colleagues.

Harrison emphasized the negative economic impact JLWOP has on N.C.  She reinforced the argument that juveniles could contribute much more to society if given the opportunity to get an education and job, rather than being held in a facility on hundreds of thousands of taxpayer dollars for a lifetime.

Finholt pointed out the State’s abuse of JLWOP.  “So far, as far as we know with the data we have, there has not been a single JLWOP resentencing hearing where the option of LWOP was on the table and the State has consented to taking it off the table,” he said.  “In every single resentencing hearing where LWOP is an option, the State has sought LWOP.  Every single time.  And I don’t think that matches what the U.S. Supreme Court has told us is supposed to happen in Roper, Graham, Miller, Montgomery.  I think in the whole line, it’s pretty clear that this should be rare.  This should only be used in exceptionally bad circumstances, and I think that is generally the way it has not been handled.”

Andrews also touched on Miller and its implications, disproportionate minority contact, and reform.

“When we talk about juvenile life without parole, we are talking about Miller v. Alabama,” Andrews said.  “What I love about this report that we have now, from Professor Garrett and all the other authors, is that it gives us perspective…  What’s interesting to me is that there is a disproportionate impact that this sentence has on race.  Children of color, these are the individuals who get LWOP.  There is a disproportionate impact on children of color.  We also know from the report that once a county imposes JLWOP, it is more likely to impose that sentence again.  It becomes entrenched.”

Andrews said from the perspective of trial attorneys dealing with JLWOP cases, they should pursue school records, interviews with family members, DSS records, and experts in fields such as adolescent brain science to dissuade a judge from sentencing a child to LWOP.

Andrews posed the question that really hit the core of the issue at hand, asking “Do we really want to sentence kids to die in prison?”

After every panelist had the opportunity to speak and before engaging in a question and answer session with members of the audience, Garrett reiterated the issue.  He pointed out that in the study, one-third of the individuals sentenced to LWOP were not the killers or had no intent to kill, but were convicted under a felony murder theory.

In response to one question about the discussions between legislators regarding juvenile justice, Harrison stated, “There are legislators who are considering continued reforms.  I know that many of us felt like Raise the Age… was an important first step and it took us nearly 15 years to really get on that.  It still needs work and I think that there are legislators interested in that and other juvenile justice issues…  There’s a lot going on.  It’s a different climate right now, but it is a little more conducive to making some of these improvements.”

In regards to Raise the Age and the impact he thought this study could potentially have on possible reforms going forward, Garrett said, “To kind of fix that you need to solve this juvenile life without parole problem.  In some ways it’s about the past.  And I think fixing that problem is a money-saver, but also highlights this moral issue that there should be a possibility of redemption, of rehabilitation for all juvenile sentences…  In some ways it’s a completely different question to Raise the Age.  It’s not about adult court versus juvenile court.  It’s just that there should be meaningful review for long juvenile sentences, no matter what the circumstances.  I think that it’s just a sensible position for the State to have.  It’s the right moral position, it follows the science of juvenile brain development, and it’s not inflexible.”

Garrett stated that the JLWOP study was just one of the projects he and his students were working on, including a traffic court study, parole, and non-juvenile life without parole.  He said this just happened to be one of the first they presented publicly.  To read the report and more from Duke Law’s JustScience Lab, please go here.

OJD Week in Review: Jan. 21 – 25

Hello again and welcome to another Friday!  This week we’ve got a new tip, a new training announcement, some news from around the juvenile defense community that may be of interest, and some deadline reminders.

We also released our 2018 Year in Review earlier this week.  Please take a moment to check it out here if you haven’t had a chance to read about some of our accomplishments from this past year and plans going forward into 2019.

Tip of the Week – Immigration Consultations

Did you know that IDS has made immigration consultants available to all defenders who have been appointed indigent clients?  That means all of your juvenile clients!  This may be especially helpful to determine if your client may be eligible for some type of immigration relief since s/he is a juvenile.  Simply go to the IDS website to access the form here.  You may want to print out the printable version and put it in your case file to fill out when you meet your client and then upload the information when you get back to the office.

From Around the Community

On teh Civil SideFrom the On the Civil Side blog, Jacqui Greene has posted a new piece titled “Mental Health Evaluations Required Prior to Delinquency Dispositions“.  In this blog post, Greene examines In re E.M., the recent case from the Court of Appeals which applies an old statute that requires district courts to refer juveniles who have been adjudicated delinquent prior to disposition to the area mental health, developmental disabilities, and substance abuse services director for interdisciplinary evaluation if any evidence of mental illness is presented.  Greene explores how much evidence of mental health issues is needed, how to locate the local management entity who would need to provide the evaluation, what happens if a juvenile has already received a mental health evaluation, and the implications of the Court’s decision.  You can read the full post here.

On Feb. 11 at 12:30 p.m., Duke Law School Professor Brandon L. Garrett and the Duke Criminal Law Society will be presenting and releasing their newest study, “Juvenile Life Without Parole in North Carolina”.  Garrett was awarded a grant from the Charles Koch Foundation to study evidence to inform criminal justice policy.  Through his research, Garrett prepared a report and will be sharing his findings with all attorneys working on juvenile cases at this event.  For further information, please direct questions to Callie Thomas.

Job Opportunities

The deadline for applications for the Office of Indigent Defense Services (IDS)‘ Regional Defender position is Sunday, Jan. 27.  The ideal candidate will have the ability to provide oversight to professionals, have knowledge of General Statutes, case law and responsibilities of contractors, and have skills in representing indigent defendants, problem solving, and relationship building.   IDS prefers applicants with some teaching/supervisory experience and a minimum of five years of experience with criminal defense work representing indigent clients.  You can apply and see more on this opportunity here.

On Dec. 1, Indigent Defense Services issued a Request for Proposals (RFP) in Caswell, Person, Alamance, Orange, and Chatham counties.  The current contracts for adult noncapital criminal cases at the trial level and per session court cases in those districts will expire on May 31 and renew on June 1.  The RFP (RFP #16-0002R) seeks services for adult noncapital criminal cases at the trial level, juvenile delinquency, abuse/neglect/dependency and termination of parental rights, and treatment courts.  Please note that the RFP will not seek offers for potentially capital cases at the trial level, direct appeals or post-conviction cases.  Also, the juvenile delinquency RFP will only include Caswell, Alamance, and Person counties.  The deadline for electronic offers is Feb. 15.  To access the RFP, please check here.

Training

The Office of the Juvenile Defender will be hosting a Juvenile Court Basics CLE on Feb. 27 from 1 to 4 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.  Three general CLE credit hours are currently pending for this training.   Please contact Marcus Thompson by email or call 919-890-1650 if you have questions.

Save the date!  The 2019 Regional Training for Indigent Defense: Special Issues in Complex Felony Cases will be held on March 21 at the East Carolina Heart Institute at East Carolina University in Greenville, N.C.  The training will focus on topics relevant to criminal law practitioners and is open to IDS contract attorneys and privately assigned counsel.  Participants will receive three general CLE credit hours.  Registration should open later this month.

training toy story

That wraps it up for now.  Check out OJD’s Twitter and Facebook for posts throughout the week and we will share more here on next Friday.

OJD Week in Review: Oct. 29 – Nov. 2

It’s the first Friday of November and it is gradually getting quieter in juvenile defense community…

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Job Opportunities

Applications for the Office of the Appellate Defender (OAD)‘s entry-level assistant appellate defender position will be closing at 5 p.m. on Sunday, Nov. 4.  The ideal candidate will have the ability to analyze facts, accept advice and learn from assigned mentors, identify relevant law, apply facts and communicate complex legal concepts effectively, and treat clients with respect.  For the full job description and to apply, please visit here.

The Committee for Public Counsel Services (CPCS), the Massachusetts public defender agency, is currently seeking a director for its newly created Strategic Litigation Unit.  The Strategic Litigation Unit will be responsible for litigation aimed at achieving systemic and institutional reform in all of CPCS’s criminal and civil practice areas.  The Strategic Litigation Director will lead those efforts and will work with other attorneys, advocacy organizations, and clients to promote justice for and protect the rights of individuals who are parties in criminal and civil right-to-counsel proceedings.  The director’s responsibilities will include criminal and civil litigation and administrative advocacy.  Litigation will include both trial and appellate advocacy in state and federal court.  Depending upon the matter at issue, the director may serve as lead counsel, co-counsel, consultant, amicus curiae, or provide technical support.  The position will be posted until filled; preference will be given to candidates who apply prior to November 26, 2018.  To find further information and to apply, please visit here.

Training

On Dec. 7, from 1:30 p.m. to 3:00 p.m., the UNC School of Government will be hosting the 2018 Winter Criminal Law Update.  This webinar will cover recent criminal law decisions issued by the North Carolina appellate courts and U.S. Supreme Court and will highlight significant criminal law legislation enacted by the North Carolina General Assembly.  School of Government criminal law experts Shea Denning and Phil Dixon Jr. will discuss a wide range of issues affecting felony and misdemeanor cases in the North Carolina state courts.  Participants will receive 1.5 hours of general CLE credit and this qualifies for NC State Bar criminal law specialization credit.  All public defenders, private attorneys who handle or are interested in pursuing indigent criminal defense work, and other court personnel who handle criminal cases are invited.  The registration fee for private assigned counsel, contract attorneys, and other non-IDS employees is $75.00.  There is no registration fee for IDS state employees.   Please visit here to register online and find additional information about the webinar.  Pre-registration is required; the deadline is 5:00 p.m., Wednesday, December 5.  As it is a live broadcast, the webinar is NOT subject to the State Bar’s 6-hour per year credit limit for computer-based CLE.  For more info, please contact Tanya Jisa, Program Manager, jisa@sog.unc.edu or 919.843.8981.

Have a great weekend and check back again next week for more news, features, and tips!

REMINDER: JWISE Juvenile Attorney Access Available

reminder

In the beginning of July, as a result of Raise the Age, juvenile defense attorneys were granted access to some court data through the juvenile attorney portal of JWISE.  This database provides attorneys quick access to all of the essential information about their open juvenile delinquency cases.  We just want to encourage all attorneys to take advantage of this resource.

All staff of the public defender offices and privately assigned counsel with a bar number will have access to this tool, but access must first be requested through AOC using the form provided here.  Once the form is filled out, it must be faxed to AOC (not the clerk’s office) for activation.  Once access is granted, both privately assigned counsel and public defenders may log into JWise using the link here.  Public defenders also have the option to access the database via Juno.

There is a walkthrough video provided to assist attorneys in using and accessing the system.  The AOC Help Desk is also available to assist with any technical issues and OJD will continue to assist in any way that we can.  For more details, please take a moment to read our original post here.

OJD Week in Review: Oct. 1 – 5

Happy First Friday!  This week, as far as news, we’ve got one new job opportunity added.

We also want to mention that we are still updating our Case Summaries list.  Most recently, we’ve added the published delinquency opinion for In re J.B., which deals with self-incrimination.  We do want to apologize for any issues with the links to the PDF versions of the opinions.  The addresses still work when copied into a browser, but we are aware that the hyperlink within the document gives an error message.  We apologize for that inconvenience, and we are still seeking solutions around it.

Job Opportunities

The Council for Children’s Rights is seeking to hire a full-time juvenile defense attorney for its Children’s Defense Team.  The juvenile defense attorney will primarily represent children in the Mecklenburg County Juvenile Court.  To apply, please submit a resume and cover letter here by Oct. 16.

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The Lousiana Center for Children’s Rights (LCCR) is currently accepting applications for a Miller staff attorney, a regional mitigation specialist, and a Miller mitigation supervisor.

Training

On Oct. 18, from 3 p.m. to 5 p.m., the North Carolina Advocates for Justice Juvenile Defense Section in collaboration with the Office of the Juvenile Defender will be hosting a CLE in Asheville, N.C. at the Lexington Brewery.  This CLE will have presentations from IDS Regional Defender Valerie Pearce, discussing the ethical obligations to representing youth following the full implementation of Raise the Age, and Assistant Juvenile Defender Kim Howes, discussing strategies for utilizing resources and advocating for the best results for clients to set them up for success.  One CLE credit hour in ethics and one general  CLE credit hour for this course are currently pending with the Bar.  A sidebar social will also be held at the same location at 5:30 p.m.  You do not need to be a member of NCAJ to attend this CLE.  Everyone can attend for free and pay their CLE credit fees directly to the Bar.  To RSVP, please contact Valerie Pearce by email here or call 919-667-3369.

On Nov. 16, the UNC School of Government will be hosting a Back to School CLE from 8:45 a.m. to 5 p.m.  The training offers 6.25 hours of CLE credit, including an hour of ethics and an optional hour of substance abuse credit.  Topics will include civil and criminal case law and legislative updates, the opioid epidemic, and a review and preview of the U.S. Supreme Court.  Registration will be $300 and the deadline to register will be Oct. 31.  Lunch will be provided.  To register please visit the UNC SOG site here.

That is all there is for this week.  Thanks for reading and have a great weekend!

OJD Week in Review: Aug. 6 – 10

Welcome back, everyone!  This week there are some great new stories to share from our site and around the Web.

From Around the Community

First, from the On the Civil Side blog, Austine Long discusses youth development centers (YDCs).  In her post, Long emphasizes the use of YDCs and the need for juvenile justice advocates to familiarize themselves with the facilities and requirements of committed youth.  Long also encourages attorneys to attend trainings about YDCs, including the annual Juvenile Defender Conference.  You can check out the full post here.

Dilemma of Duties

Earlier this week, our office had the pleasure of speaking with Dr. Anne Corbin about her book, Dilemma of Duties: The Conflicted Role of Juvenile Defenders.  Through interviews with many juvenile defense attorneys across North Carlina, Corbin examines the role of juvenile defenders and the internal and external pressures experienced by defenders to divert from expressed-interest advocacy to best-interest advocacy.  We recorded the discussion for our next podcast, which we hope to share in the very near future, but in the meantime check out the book for yourselves!

Speaking of books, from the Sentencing Law and Policy blog, author Cara Drinan wrote a four-part series to discuss her book The War on Kids: How American Juvenile Justice Lost Its Way.  In her first post, Drinan addresses the question of how the U.S. became an international outlier in the severity of its juvenile justice practices, touching on the origins of the juvenile court system and drawing the line to the failures of the system today.  Her later posts also cover what the war on kids looks like, three Supreme Court cases that have significantly impacted the juvenile justice system, and post-Miller parole.  Drinan concluded the series of posts earlier this week, so be sure to read all four blog posts and check out the book!  You can read the beginning of her series here.  Shout-out to David Andrews for bringing these blogs to our attention!

Finally, if you haven’t already seen it, please take a moment to read our feature on Cindy Ellis, the new contract juvenile defender of Davie County.  Read the full post here.

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Training

Registration is now open for the 2018 Misdemeanor Defender Training, which will take place at the UNC-Chapel Hill campus from Sept. 18 – 21.  This training, cosponsored by the Office of Indigent Defense Services and the School of Government, will be an introductory program for attorneys who are new to handling misdemeanor cases and will offer 21.5 CLE credit hours, including one hour of ethics/professional responsibility credit and qualifies for criminal law specialization credit.  Attendees can expect sessions that will cover topics such as impaired driving, probation violations, ethical issues in district court, and much more.  The registration deadline will be 5 p.m. on Aug. 30 and the deadline for the hotel block will be Aug. 28.  There will be no onsite registration.  The fee for privately assigned counsel will be $560, but the program will be free for IDS state employees.  There is a new online registration system being used that will require first-time users to create an account, but if any issues should arise, please contact registration@sog.unc.edu/919.966.4414 or check the FAQ page.  For further questions contact either Tanya Jisa or Phil Dixon,Jr.

Save the Date!  The Bridging The Gap III Seminar will be in Winston-Salem September 20-21, 2018.  Participants in this seminar will be awarded 10.25 CLE credit hours, including 1.5 credit hours in ethics, professional responsibility and professionalism.  The registration fee is $115.00.  The focus of this seminar will be on client and family relations, and pretrial resolution.  Registration and hotel information will be published in early July.  A block of 40 rooms will be available once the registration is published.  For an attorney to attend he or she must have at least 7 years’ experience.  The “ gap” in Bridging The Gap describes lawyers who have never taken murder cases and are considering taking them on, and lawyers who have taken non-capital murder cases and are considering taking capital cases.  The seminar, hosted by the Office of the Capital Defender, focuses on issues relevant to both non-capital and capital murder cases.  If you have questions or need additional information, please contact Terry Alford.

Job /Funding Opportunity

The National Juvenile Defender Center (NJDC) is currently seeking a research manager.  The ideal candidate will have at least 5 years of experience, a commitment to advancing improvements in juvenile defense policy and practice, a love of research, writing, and critical thinking, and an eagerness to build a career at the intersection of youth justice and social change.  The selected candidate will be responsible for developing and executing research efforts to advance NJDC’s mission, and strengthening the empirical qualities and evaluating the impact of NJDC’s work on the community.  This position will remain open until filled.  For more information please check here.

The Committee for Public Counsel Services (CPCS) in Massachusetts is currently accepting applications for a Deputy Chief Counsel of the Private Counsel Division, who is a member of the senior management team that develops and implements fiscal, operational, human resource, and legislative policies.  The Private Counsel Division is responsible for delivering legal services to indigent clients through assigned private attorneys in criminal defense trial and post-conviction cases as well as commitment and registration cases for persons convicted of sex offenses.  Applications will be accepted until the position is filled.  For more info please check here.

That sums it up for this week!  The near-future for news in the juvenile defense community is looking good, so check back soon!