Week in Review: Oct 26-30

Trick or Treat Readers! We hope you had a great week, and that your Zoom and WebEx calls were safe from the Bandwidth Ghost.

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.

Thank you to everyone who attended our “haunted” CLE, Probation and Post Supervision. While we did not anticipate the WebEx issues, we do have some great tips to share from our WebEx admin:

  • If you do not have a @NCCOURTS.ORG email domain, next time you go to WebEx, just click Join Meeting. Do not click Sign-In but rather just follow the prompts as they appear. If it asks for a meeting number, it is located in your registration approval email.
  • Remember that some applications delete this email if you add it to your calendar, which is also a direct link to the meeting and all you’ll need is the password.

We appreciate your patience while these WebEx kinks get worked out in court and for everything else!

Resources

  • What exactly is a YDC or Detention Center?: This YouTube video explains what Detention Centers and Youth Development Centers (YDC) are, the differences and what attorneys, parents, and youth can expect if their adjudication includes a stay in either. Please watch this short video created by NC DPS.
  • North Carolina Department of Public Safety Juvenile Justice Section will begin using a new risk and needs assessment instrument beginning January 1, 2021. This new tool is called the Youth Assessment and Screening Instrument (YASI).  DJJ is offering virtual Q&A’s on the new tool to assist with the use when it launches. Please click here to see times to sign up for a session, REGISTRATION ENDS TODAY!
  • Public Defenders and Assistant Public Defenders, check out this grant information to assist with law school debt. The JRJ grant is a loan assistance program. The federal John R. Justice (JRJ) grant is available for prosecutors and public defenders most in need of assistance with heavy law school debt load. The JRJ grant is a loan repayment assistance program.  Selections will be made by the NC LEAF Board on Friday, December 4 at 10 AMApplications are due November 13 and the process is not onerous. The key factor is making the required three-year commitment to remain in the job or face repayment of funds provided by the US government. All the information is available on their website https://ncleaf.org/ 
  • October 15-16, NJDC held their 2020 Juvenile Defender Leadership Summit. Filled with presentations, resources and conversation, NJDC has released some of their resources from the program for your viewing and saving. Some sessions and resources require a password, so make sure you’re registered, but click here to check out what you missed!
  • The Public Defender Education group at the School of Government is happy to announce the release of the 2020 edition of the North Carolina Defender Manual, Volume Two, Trial, by Julie Lewis and John Rubin. The manual focuses on criminal procedure at the trial stage and includes chapters researched and written from 2018 to 2020. The manual is intended to be a resource for trial-level criminal defense attorneys; however, others who work in North Carolina’s criminal courts may find it useful. Click here if you are interested in purchasing a hard copy. The manual is also available for viewing online at no charge as a part of the Indigent Defense Manual Series

We hope you find some great -information this week and have a safe, fun, and scary Halloween! Eat plenty of Snickers for us!

Interstate Compact for Juveniles Overview – Week in Review: Oct 12-16

Happy Friday Defenders! Today’s blog post is one giant Tip of the Week written by our Assistant Juvenile Defender, Terri Johnson. This tip covers the Interstate Compact for Juveniles and is an overview of the enforceable federal law and how it is applied to juvenile delinquency court.

Interstate Compact for Juveniles Overview

Please continue reading today’s blog post by following the link above. Feel free to print yourself a copy and if you have any questions, please email Terri (terri.a.johnson@nccourts.org).

Announcement

There’s still space and time to get your FREE CLE credit from OJD this month. Thursday, October 29 from 2:30-3:30 PM: Probation Violations & Post Supervision, covering ongoing detention hearings as well as violations of probation and post release supervision. Commitment extensions, motions for review, and expunctions will also be covered. This CLE will be free to the first 35 registrants and CLE is currently pending approval. Please join us for a fresh new topic, great strategy and a few tips. PLEASE CLICK HERE TO REGISTER.

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.

Updated! A Week in Review with OJD: Sept 9-13

We missed last week, but we’re back with lots of information!

P.S. Some links were broken, so made a little update! Happy Friday!

Tip of the Week

All About The Records:

There is a universe of documented information about your client.  First, review and obtain copies of the clerks file, the official record of the court.  Get a copy of the NC Juvenile Online Information Network (NC-JOIN) file from the court counselor’s office.  You don’t need a court order for this (7B-3001(c)(1)) but we have a form to help expedite the request. Obtain a release form(s) from your client and the parent/guardian, and go hunting!  Educational records, mental health records, involvement with the Department of Social Service, placement records.  You may also consider housing or employment documentation if it helps your case.

CASE NOTES

There were two new published opinions last month, one from the NC Supreme Court and the other from the Court of Appeals. In the Matter of T.T.E., decided by the Supreme Court, the Court reversed the Court of Appeals decision vacating the juvenile’s adjudication and disposition orders of disorderly conduct. Justice Earls wrote a lengthy dissent, which is worth reading.

In the Matter of J.B., the Court of Appeals, in a divided opinion, reversed the trial court’s adjudication and disposition orders for second degree sexual exploitation of a minor, first degree forcible sexual offense, and an attempted larceny admission. The Court also addressed the juvenile’s right to confrontation, the commitment of the juvenile to YDC, and confinement pending appeal. You can find the summary for In the Matter of T.T.E. here, and In the Matter of J.B. here.

New Resources

Strategies for Youth, an organization bridging gaps and building relationships between law enforcement and youth, has a BRAND NEW website filled with information and resources on the intersection of police and youth. Visit their page, see the new updates and gain valuable information all at the same time.

National News

Liz Ryan recently published a Newsweek article regarding the impact of starting the conversation about juvenile justice in the ongoing political race. She writes

With strong leadership at the federal level, we can do more for the youth in our communities and finally end youth incarceration. And while many of the most prevalent issues on the debate stage are contentious, there’s widespread support for reforming our youth justice system. According to a national poll by GBA Strategies, Americans overwhelmingly support a shift away from our justice system’s reliance on youth prisons and instead support serving youth through community-based care.

Comment on this post and let us know your thoughts on how the juvenile justice system could benefit from a fight on the national stage. To read the full article, visit here.

DON’T FORGET!

The National Juvenile Defender Center (NJDC) recently released Juvenile Defense Resources, a mobile app available in the Apple Store and Google Play Store. Through the mobile app, juvenile defense attorneys can access sample motions, reports, issues briefs, policy statements, checklists, and other helpful tools to grow their legal, advocacy, and leadership skills, and to improve the practice of lawyers that represent young people. There’s also a policy brief on detention and money bail.

The National Juvenile Defender Center (NJDC) released a new toolkit, A Right to Liberty: Resources for Challenging the Detention of Children.

Ensuring a child or young person remains out of detention prior to trial safeguards their right to liberty and the presumption of innocence. The resources contained in this toolkit can be used to uphold and advance children’s liberty interests at the individual level and in policy advocacy.  Though NC does not have money bail for juveniles, the toolkit provides helpful strategies for arguing for your clients’ release from detention.

Included in the toolkit are:

  • A Right to Liberty: The Origin of Bail
  • Annotated Bibliography on Risks Associated with Incarceration
  • Sample Habeas Petition Challenging the Pretrial Detention of Children

This resource is accessible by clicking here. The Sample Habeas Petition is accessible by clicking here.

ONE LAST THING….

How do you like the new webpage? Want us to go back to the old color scheme? Have ideas for the website?

Comment and let us know!