From a Lawyer’s View: Resolution of complaints against Guilford and Vance County school systems

Resolution of complaints against Guilford and Vance County school systems means better services for incarcerated students with disabilities

By Tessa Hale, Staff Attorney at Legal Aid of North Carolina’s statewide education justice project, Advocates for Children’s Services.

The first time I visited my client at Vance County Jail, an adult facility, I asked him what he did to fill his time.  He told me that he did push-ups.  He was just 17 years old at that time.  As his education attorney, I knew that as a student who had long ago been identified as needing special education, he was entitled to an education provided by the local school district.  His mother had alerted us to the fact that as he sat in jail, he had not been receiving any educational services whatsoever.  At that time, this client’s case was one of three in our office in which the client had received no educational services while incarcerated in adult jail.  The other two had been incarcerated in Guilford County.  Our education team at Legal Aid decided to file two systemic state complaints on May 29, 2020 with the Department of Public Instruction.

We are proud to announce that the systemic state complaints Legal Aid of North Carolina filed against Guilford County Schools and Vance County Schools have recently been resolved.  The Guilford County Schools complaint was resolved via confidential agreement. The Vance County complaint was resolved following an investigation by the N.C. Department of Public Instruction. More information, including links to documents, follows. 

Guilford County

Legal Aid was pleased with the opportunity to work with Guilford County Schools (GCS) to advance policies and procedures, some of which were already underway by the district, that will enable GCS to improve services for incarcerated students with disabilities by:

  • Reviewing and revising current procedures to require that all GCS students with disabilities incarcerated in any Guilford County jail receive appropriate special educational services;
  • Designating an employee to be responsible for ensuring legally compliant special educational services for students incarcerated in local jails for more than ten school days as well as continuity of educational services when the students exit from local jails;
  • Training special education staff regarding appropriate special educational services for incarcerated students; and
  • Conducting an internal audit for the 2019-2020 school year to determine whether special education services and related safeguards were properly afforded to GCS students with disabilities who were incarcerated in local jails for more than 10 school days and had an Individualized Education Program (IEP) during incarceration.

Learn more

Vance County

The N.C. Department of Public Instruction’s investigation into our complaint uncovered widespread violations of the rights of incarcerated students with disabilities in Vance County Schools (VCS). The department has mandated VCS to follow a corrective action plan, which includes:

  • Various trainings for staff, not only regarding incarcerated students but also concerning other general procedural requirements for students with disabilities;
  • Development of procedures to serve students incarcerated in the local jail;
  • Compensatory education for the named student in the complaint; and
  • Identification of eligible students who were incarcerated with the named complainant and did not receive appropriate services, for the purposes of providing them with compensatory education.

Learn more

The resolution of these complaints comes at a time when the population of youth incarcerated in adult jails has shrunk significantly. As a result of a new state law that went into effect on August 1, 2020, no more minors will be held in adult jail. Still, because the right to special education continues for students who are 18 to 21 and have not yet graduated, the developments in both the GCS and VCS resolutions will help ensure that eligible incarcerated students at all stages receive the special education services they are entitled to. Further, some students who may be identified through audits and who were improperly served before the law was passed will now be entitled to remedies.

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.

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.

From a Lawyer’s View: Admissions and Use of Transcript of Admission by a Juvenile

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

When may an admission by a juvenile be accepted?  Is a transcript of admission by a juvenile, Form AOC-J-410 required for adjudication?

AOC-J-410 and Legal Requirements

AOC provides numerous forms for use in court proceedings, some required and others not.  While a transcript of admission by a juvenile is not specifically required for adjudication, it is best practice to utilize the form. This form tracks the necessary language set out in the Juvenile Code, N.C. Gen. Stat. § 7B-2407.  Because only adult superior court, not district court, requires plea transcripts, it may be thought that in juvenile court, the transcript of admission is only utilized in felony cases.  It should be noted that 7B-2407 applies to both misdemeanors and felonies. 

N.C. General Statute § 7B-2407 establishes the criteria to determine when admissions by a juvenile may be accepted.  Subparagraph (a) requires the court to address the juvenile personally and inform the juvenile of the right to remain silent and that any statement the juvenile makes may be used against the juvenile; determine if the juvenile understands the nature of the charges; inform the juvenile of the right to deny the allegations in the petition; inform the juvenile that, by the juvenile’s admissions, the juvenile is waiving the right to be confronted by the witnesses against the juvenile; determine that the juvenile is satisfied with the juvenile’s attorney; and inform the juvenile of the most restrictive disposition.

Subparagraph (b) requires the court to inquire of the prosecutor, the juvenile’s attorney and the juvenile personally to determine whether there were prior discussions involving admissions, whether the parties have entered into any arrangements and, if so, the terms of any admission.  Further, the court is required to determine whether “any improper pressure was exerted.”  The statute specifically states, “The court may only accept an admission after determining that the admission is a product of informed choice.”

Subparagraph (c) requires the court to determine that there is a factual basis for the admission based upon any of the following: a statement of facts by the prosecutor, a written statement of the juvenile; sworn testimony which may include reliable hearsay; or a statement of facts by the juvenile’s attorney.

Form AOC-J-410, if followed closely, complies with the statutorily required inquiry of N.C. Gen. Stat. § 7B-2407.  While some districts, as a local practice, only utilize a transcript of admission for felonies, this can be problematic.  For example, if disposition is transferred to another county, newly appointed counsel on disposition should determine if the juvenile was properly advised at adjudication.  The juvenile may not know or remember being addressed by the presiding judge.  In the absence of a transcript of admission, counsel may need to obtain a copy of the recorded proceeding to determine if the proper inquiry was completed and whether the terms of the admission by the juvenile and the Court’s order are the same.  (Another AOC form provides the motion and order for obtaining the recording.  AOC-G-115.)

Caselaw

Failure to make the proper inquiry is reversible error.  Addressing each statutory prong of N.C. Gen. Stat. § 7B-2407 is mandatory.  In re T.E.F., 359 N.C. 570, 614 S.E.2d 296 (2005) establishes that the standard is not totality of the circumstances and failure to make one of the inquiries (in that case, whether the juvenile was satisfied with his counsel) is reversible error.  See also In re A.W., 182 N.C. App. 159, 641 S.E.2d 354 (2007) where both adjudication and disposition were reversed when there was no indication of informing the juvenile of his right to remain silent and that statements made could be used against him or that he had a right to deny the allegations; In re N.J., 221 N.C. App. 427, 728 S.E.2d 9 (2012) where an adjudication was reversed when the juvenile was not advised of the most restrictive disposition prior to accepting the admission; and In re Register, 84 N.C. App. 336, 352 S.E.2d 486 (1987), stating that it is impossible for a judge to determine that the admission is the product of informed choice without making the required inquiries of each child.  Counsel should note that the Court of Appeals has determined that 7B-2407 does not apply to probation violations.  In re D.J.M., 181 N.C. App. 126, 638 S.E.2d 610 (2007).

AOC-J-410 as a Helpful Tool

In addition to providing verification of the proper N.C. Gen. Stat. § 7B-2407 inquiry, AOC-J-410 provides counsel an opportunity to ensure that the juvenile understands the proceedings and can aid communication between counsel and the juvenile.  By asking questions about the juvenile’s level of education and any medications in a more formalized way, an attorney can gain additional information to aid in proper advocacy.  Counsel should consider keeping a copy of the transcript of admission for use during the adjudication.  This can be particularly useful for juveniles with Individualized Education Plans (IEPs) or for juveniles who are visual rather than auditory learners.  Reviewing a transcript of admission in advance will help prepare the juvenile for court and can decrease anxiety regarding court.  It may be the Court’s first opportunity to see and address the juvenile client, so preparation in advance is a necessity. 

Finally, should a matter be transferred to another county for disposition, the transcript of admission can provide useful information to counsel for disposition advocacy.  In addition to providing information regarding the juvenile’s educational level and whether the juvenile is taking any medications, form AOC-J-410 provides documentation of the terms of any arrangement regarding admissions.  Clerical errors on adjudication orders may be easily addressed with comparison to a transcript of admission.  A local practice that dictates that a transcript of admission only be utilized for felonies may increase the risk of errors in adjudication orders for misdemeanor offenses. 

Best Practice Based upon N.C. Gen. Stat. § 7B-2407

While use of a transcript of admission does require additional time in and out of court, best practice is to utilize AOC-J-410.  The Court may accept an admission by a juvenile only after addressing each of the criteria set out in N.C. Gen. Stat. § 7B-2407.  The statute applies equally to both misdemeanors and felonies, and failure to address even one of the criteria is reversible error.  Use of form AOC-J-410 in all cases ensures that the juvenile is properly advised pursuant to N.C. Gen. Stat. § 7B-2407, decreases the risk of errors in adjudication orders and aids in communication with the client and disposition advocacy.  If counsel is appointed in a juvenile matter for disposition following transfer from another county, counsel should carefully review the Court file and be prepared to obtain and review any recordings when a transcript of admission has not been utilized.  In cases where the proper statutory inquiry was not made, Counsel should advise the juvenile regarding entering notice of appeal.

Written by: Assistant Juvenile Defender Terri Johnson. Terris  graduated Cum Laude with a Bachelor of Science in Psychology from Duke University in 2000.  She received her Juris Doctor degree from UNC Chapel Hill School of Law in 2003, and was admitted to the North Carolina Bar in 2003.  Her practice areas included criminal law, family law and juvenile law and has focused on juvenile law as OJD’s Assistant Juvenile Defender in delinquency court in both Iredell and Alexander counties.

Week in Review: June 1-5

Hey Readers! There are just a few reminders this week, and new tip on discovery. As always, we thank you so much for the work you do defending children.

TIP OF THE WEEK

The Juvenile Code has similar discovery rules to those followed in adult criminal court except that in juvenile court you are entitled to discovery in both felony and misdemeanor cases.  N.C.G.S. §7B-2300 provides for mandatory discovery upon the filing of a motion for discovery. Some jurisdictions are refusing to provide discovery for cases involving 16-17 year old youth who have petitions filed alleging an A-G offense and are awaiting indictment (as a refresher, upon a finding of probable cause or indictment, a youth who is 16 or 17 years old and charged with an A-G felony must be transferred to Superior Court).

There is no caveat to the language in the statute “upon motion of a juvenile alleged to be delinquent, the court SHALL order the petitioner…”. The statute does not exclude 16/17 year old youth with petitions for A-G felonies awaiting indictment or a probable cause hearing. It is very important that you file your motion for discovery as early as possible in your case so that if the state is refusing to provide discovery, you can file a motion to compel. In your argument to the court to compel discovery, be sure to argue that the plain language of the statute applies and unless, and until, an indictment is returned (or probable cause is found), your client is still under the jurisdiction of juvenile court and the juvenile code applies.

CLE, Anyone?

Just a reminder, the 2020 SJDC Virtual Summit Presentation #2 is TODAY at 2:00 (ET) – 3:30 (ET).

Topic? Virtual Reality: Representing Juveniles in Remote Courtroom Panelists: Gar Blume, Tim Curry, Angela Vigil Register here: https://emory.zoom.us/webinar/register/WN_ddRytFWkSGajsMfBXDHj

The last SJDC Virtual Summit Presentation will be June 12, 2020 from 2:00-3:30 PM. Another 1.5 of CLE hours :D.

Topic? Where Do We Go From Here: Juvenile Defense Post COVID-19

Moderator: Rob Mason; Panelists: Amy Borror, Kristen Rome, Eric Zogry. Here is the registration link: https://emory.zoom.us/webinar/register/WN_lLBVyt80ROihqmb4id_EqQ

A Word Please,

OJD would also like to thank all of the defenders who make these webinars and CLE options possible. We know that they may not be the most enjoyable thing, sitting in front of the computer, but we are grateful that you attend and work hard to gain insight into juvenile defense. Keep a look out for more OJD CLE opportunities, have any course suggestions? Email LaTobia or Austine.

That’s all for this week. Thank you for checking in and we hope that your weekend is filled with grilled hot dogs and sunshine. See you next week!

Important North Carolina Defender Alert

Defenders,

We want to make you aware of operational changes instituted by state juvenile justice officials in response to the Covid-19 pandemic that may affect youth held in detention. You can find the official policy release here.

Of particular concern is the provision providing for “Placement of all juvenile detention center/crisis and assessment center admissions in medical room confinement for 14 days and until cleared by a medical provider to join the general population.” Our understanding after speaking with DJJ is that newly admitted youth are being segregated into pods and largely kept in their cells, according to protocols advised by the Center for Disease Control.

While DJJ is trying to engage these youth so they don’t feel isolated, the negative effect of solitary confinement on the mental health of youth is well documented. We also understand that if the youth leaves the facility and returns (including for secure custody hearings) the youth is placed back into medical room confinement for 14 days.

We want to encourage you to talk to your client if s/he is being held in detention to find out what is happening in that particular detention facility, and use not only DJJ’s policy of encouraging release by use of electronic monitoring or other community-based options (as outlined in the policy above), but also the information available in the links below to help inform the judge of the significant negative consequences of this type of confinement of youth and their mental health – especially youth with already existing mental health challenges. If your jurisdiction does not yet utilize audio/visual transmission for detention hearings, investigate this option as it will impact whether your client will have to re-enter medical room confinement.

Below are resources that you can consider using when arguing for your client to be released from detention:

  • Language from the Governor’s and NCDPS response to the Petition for Writ of Mamandus that was filed (the language pertaining to juveniles held in detention begins on page number 25 in the brief, but page 33 in the PDF).
  • ACLU briefing paper “No Child Left Alone” – Not related to Covid-19, but addresses the devastating effects of solitary confinement, regardless of what it’s called (i.e. isolation, medical confinement, etc.)
  • The Marshall Project article “What Happens When More Than 300,000 Prisoners are Locked Down?” – while not entirely juvenile focused, this also discusses the effects of isolation in confinement. “Solitary confinement can increase anxiety and disordered thinking, worsen mental health problems and heighten the risk of suicide.”

Please don’t hesitate to reach out to us if you need help crafting a motion or argument – we’re here to help!

You can download and save a copy of this alert here.

Thank you for all that you do and are doing during this difficult and trying time.

Week in Review: Mar 30-Apr 3


Happy Friday Readers & Welcome to a brand new month. We know it may not feel like it, but it goes without saying how we appreciate our essential workers, in both private and public sectors. You are the heroes.

TIP OF THE WEEK!

This week’s tip of the week is highlighting a juvenile delinquency case that defenders need to be aware of when your client wants to testify. In re J.B. was decided in 2018. The State appealed the original Court of Appeals decision, but the N.C. Supreme Court denied a hearing. 

Briefly, the facts showed the juvenile chose to testify on his own behalf and incriminated himself (he admitted that he committed an assault on his teacher). The trial court did not inquire as to whether the juvenile understood his right against self-incrimination before he testified. The trial court asked the juvenile if he understood his rights after he testified, and the Court of Appeals determined that was not sufficient to satisfy the requirements under N.C.G.S. §7B-2405 and the error was not harmless.

So – if your client wants to testify, the court must inform the juvenile of his/her constitutional and statutory right against self-incrimination before s/he testifies!

In re J.B., 820 S.E.2d 369 (2018).

OUR NEW ASSISTANT JUVENILE DEFENDER TERRI JOHNSON!

Terri is a lifelong resident of Iredell County, North Carolina.  She graduated cum laude with a Bachelor of Science in Psychology from Duke University in 2000.   She received her Juris Doctor degree from UNC Chapel Hill School of Law in 2003, and was admitted to the North Carolina Bar in 2003.  Since 2003, she has been in private practice as an associate and partner in small firms and then as a solo practitioner.  Her practice areas included criminal law, family law and juvenile law and has focused on juvenile law as a contract attorney in delinquency court in both Iredell and Alexander counties.  She will continue to represent juveniles in Iredell and Alexander county as she joins the Juvenile Defender’s Office as an assistant defender for the Western District of North Carolina.

She currently resides in Statesville, North Carolina and enjoys spending time with her family, reading and photography.

WELCOME TERRI!

Resources

  • Yesterday, NJDC issued a statement on COVID-19 and the urgent need for the juvenile legal system to act. The statement is available on the Defender App. NJDC also released a new resource: Guidance to Juvenile Courts on Conducting Remote Hearings During the COVID-19 Pandemic. The resource is attached to this email and also available on NJDC’s website here
  • Save the Date! NJDC’s Juvenile Defender Leadership Summit will be in Kansas City, Missouri October 16-18, 2020.
  • NCCAY created a brief survey to share your current challenges and creative solutions with the DPS Juvenile Services Division and, in turn, contact you with what we have learned that may help you in your work. You can take the survey here.
  • JCPC has had to make the difficult decision to cancel our legislative conference this year.  Those that have already paid their registration will receive a refund. Please be sure to cancel your hotel reservations as well. 

HAVE A SAFE WEEKEND!

Week in Review: March 2-6

What a week for OJD! Started off smooth sailing and then 2 days at the UNC School of Government for the Intensive Juvenile Defender Training. But we’ll get to that later, first substance!

Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender

If the trial attorney does not file any motion to suppress, (or make an oral motion as allowed by §7B-2408.5(e)), the juvenile cannot raise a suppression issue on appeal. State v. Miller, 2018 N.C. LEXIS 425. If the juvenile made a confession or was subject to a search or seizure, you should strongly consider filing and litigating a suppression motion.

NEW COA OPINIONS!

There has been a new Court of Appeals opinion and we have that available to you on our website under Materials for Defenders > Case Summaries. Remember this page has many different summaries that can help you in your defense. Here’s a link to In The Matter of H.D.H. the most recent update.

2020 Juvenile Justice & Children’s Rights Section Annual Meeting

The NCBA Juvenile Justice & Children’s Rights Section are having their annual meeting and CLE on Thursday, May 4, 2020 at the NC Bar Center in Cary. The topic discuss Raise the Age in different aspects, such as: The Juvenile Court Counselors View, School to Prision Pipeline and will also have a Juvenile Justice Panel. Check-in begins at 8:30 AM and the CLE will end at 12:15. If you are interested, you can reach out to Eric for more information.

UPCOMING TRAINING!

Last but not least! Training Recap: 2020 Intensive Juvenile Defender Training at UNC SOG.

2 full days of learning at the UNC School of Government did not go unappreciated. Defenders learned topics ranging from Adolescent Behavior to Disposition Advocacy. Packed with workshops and discussions on how to advocate for our youth, UNC and OJD did a great job of bringing defenders out and lifting them up in the defense community. Take a look at some photos below.

OJD Week In Review: August 5-9, Short But Sweet

It’s August, and things can get a little slow at OJD, but we do have a few highlights for you.  Hope to see folks at the Annual Conference today!

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.

If you missed it, check out out Guest Blogger: David Andrews, Office of the Appellate Defender

David Andrews



Also, if you haven’t, check out IDS’ Facebook page, full of great information, in particular the personal testimonies of public defenders, and follow IDS on Twitter.

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