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: Sept 7-11

Happy Friday Readers! Another week down in 2020 and we’re still all trying to figure it out. But no worries, OJD is here to help along the way. Before we get started, we take a moment to recognize the importance of today, and remember those lives lost and the heroes from September 11, 2001.

Tip of the Week – Prior Record Level Matters

If your client’s prior record places him/her in a position for the judge to enter a level 1 OR 2 dispositional level, ALWAYS argue for a level 1 disposition.  You can find a copy of the disposition chart here.  Make sure to check the final written order for accuracy.

Who could turn down free learning? CLE OFFER!

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 Lawyer’s View” Needs an October Submission

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: 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!

Week in Review: Aug 24-28

Happy Friday and the last weekend of August! Only 4 more months left in the year, how will you make them great?

TIP OF THE WEEK

Defenders – you have a statutory right to discovery in all of your juvenile cases (§7B-2300-2303).  Don’t be afraid to use it!  Some jurisdictions provide it without a motion, but it’s never bad practice to file your motion regardless.  You can find a sample discovery motion and order here on our website.

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 here. PLEASE PUT YOUR BAR NUMBER IN THE JOB FIELD BOX.

Save the Date!

Save October 2, 2020 from 10 am to 3 pm on your calendars for a symposium on The Roles of Prosecutor and Public Defender in Criminal Justice, Reform, sponsored by NC CRED. More information can be found via by clicking here.

Want to be featured on “A Lawyer’s View?”

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: 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 8-12

Welcome to the start of your weekend, but of course we couldn’t leave without another week in review.

Tip of the Week

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

Training

Today is the last day of the 2020 SJDC Virtual Summit. There’s still time to register for another great topic: Where Do We Go From Here: Juvenile Defense Post COVID-19 with Moderator: Rob Mason and Panelists: Amy Borror, Kristen Rome, Eric Zogry. Click here for the registration link. CLE will be offered as well. This course starts at 2:00 PM

Upcoming Webinar, Thursday, June 25, 3:00PM: Best Practice Interviewing of Children in Sexual Abuse Cases. Dr. John Helminski is presenting and is a licensed psychologist who is board certified in forensic psychology. He acts as a consultant to attorneys in cases of child maltreatment with extensive experience conducting forensic and psychological assessments in child abuse cases. Please use this link to register.

While not a CLE course, OJD is starting our Juvenile Defender Forums. This will be an opportunity to meet your regional juvenile defender and network with other juvenile defense attorneys in your district. Keep a watch out for your email invite!

Lastly… Earlier this week, OJD released a statement regarding the recent protests and killing of George Floyd. You can read that here.

That will wrap up another great week at OJD. Thank you for stopping by and we’ll see you (virtually) soon!

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!

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?