Week in Review: Jan 13-17

Happiest of Friday’s to you OJD readers! This week was full of meetings and trainings… AND INTERVIEWS! We narrowed down the candidates for the Assistant Juvenile Defender position and began the second round of interviews this week. We’re so excited to have a new attorney with us in the office, this is going to be a hard choice!

APPEALS TIP OF THE WEEK: Courtesy of David Andrews, Office of the Appellate Defender

  • When you appeal, do these things:
    • Make sure the juvenile has the right to appeal. Generally, the juvenile can appeal from a dispositional order.
    • Give proper and timely notice of appeal.
    • Prepare an appellate entries with all of the hearing dates and have the judge sign it on the day you give notice of appeal.
    • Ask the judge to stay the dispositional order.
    • If the dispositional order is not stayed and the order requires the juvenile to be placed in custody, argue that compelling reasons do not exist to keep the juvenile in custody during the appeal.
    • Make sure the clerk sends the recordings to the court reporter and the court file to the appellate attorney in a timely manner.

Public Defenders! Wonder what the rate is for your current cases? Click here for the IDS Rate Information & Calculators.

Upcoming Trainings:

Juvenile Defender Enhancement Training February 26, 2020 – Sponsored by the Office of the Juvenile Defender, this training will provide vital Juvenile Defense topics such as: Transfer Hearings, Raise the Age Advocacy and Addressing Trauma in Adolescents. We have guest speakers and are covering the CLE cost & reporting 6 CLE training hours.

Intensive Juvenile Defender Training, March 4-5, 2020 – Brought to you by the UNC School of Government. The training will offer approximately 12.75 hours of CLE credit, which includes one hour of ethics. The tentative agenda is posted on the course page. Final session times may vary depending on the schedules of the instructors. Click the link for more information!

JOB OPENINGS

Center for Death Penalty Litigation (CDPL)

The Center for Death Penalty Litigation (CDPL) in Durham, North Carolina has two openings for staff attorneys.

CDPL is a non-profit law firm and advocacy organization that works to provide the highest quality representation to people facing execution, and to end the death penalty in North Carolina.  CDPL is committed to diversity and racial equity and is an equal opportunity employer. 

For details about the positions and how to apply, please click here.

UNC School of Government

The UNC School of Government seeks a tenure-track assistant professor who will specialize in the field of criminal law. This position will be responsible for educating judicial officials on North Carolina criminal law. Click here for the announcement.

Disability Rights North Carolina (DRNC)

Disability Rights North Carolina (DRNC) is seeking a Staff Attorney for their Education Team with a Juvenile Justice and Race Equity Focus. The Staff Attorney will work to ensure equity in the education and criminal justice systems; represent students in special education, and school discrimination matters, including youth in juvenile detention facilities; train attorneys, advocates and other stakeholders; and participate in policy initiatives related to the school-to-prison pipeline.

Send a resume and detailed letter of interest explaining your qualifications and interest in the position to: virginia.fogg@disabilityrightsnc.org. Include Staff Attorney – Education in the subject line of the email. No phone calls please.

Wow! That was a LOT of information. If you have any questions please feel free to contact the office and we can help! See you next week!

Intensive Juvenile Defender Training, March 4-5, 2020

From the UNC School of Government:

We are excited to announce that the 2020 Intensive Juvenile Defender Training, cosponsored by the School of Government and the Office of Indigent Defense Services, will be held on March 4-5, 2020 at the UNC School of Government.

It is designed for attorneys representing juveniles in delinquency proceedings for less than two years or who have not practiced in this area for a period of time. The course will include, among other topics, sessions on detention advocacy, pre-adjudication investigation and discovery, juvenile capacity, suppression, dispositions, and the impact of the Raise the Age legislation.

The training will offer approximately 12.75 hours of CLE credit, which includes one hour of ethics. The tentative agenda is posted on the course page. Final session times may vary depending on the schedules of the instructors

PARTICIPANTS: The Intensive Juvenile Defender Training is open to public defenders and private attorneys who represent juveniles in delinquency proceedings or attorneys who want to practice in this area.

TIMES: Check-in will be on Wednesday, March 4, 2020 from 8:30 am, and the program will begin at 9:00 am. The program ends on Thursday March 5, 2020 at 5:00 pm.

REGISTRATION: To register online, as well as to find directions and other program information, please visit: https://www.sog.unc.edu/courses/intensive-juvenile-defender-training

The registration fee for private assigned counsel is $310. Thanks to support from IDS, there is no fee for IDS employees. Pre-registration is required and space is limited; the online registration deadline is 5:00pm on wednesday Feburary 26, 2020. There is no onsite registration.

HOTEL INFORMATION: A block of rooms has been set up at the newly renovated Holiday Inn Express Chapel Hill with a rate of $84.00 plus tax. The rate includes a full deluxe hot breakfast and Wi-Fi. To reserve a room online please click the link  Intensive Juvenile Defender    To reserve a room by phone call the hotel at 919-489-7555 and provide the name Group Code “I J D”. To receive the discounted rate reservations must be made no later than February 14, 2020.

TRAVEL REIMBURSEMENT – STATE EMPLOYEES ONLY: If you are an IDS employee, your eligibility for travel reimbursement at the state rate is contingent upon state rules and regulations. For all questions regarding travel reimbursement, please contact Elisa Wolper at 919-354-7243 or elisa.wolper@nccourts.org.

ADDITIONAL INFORMATION: We look forward to seeing you in March.  If you have any questions or would like additional information, please contact me, Kate Jennings – Program Manager – at jennings@sog.unc.edu or Professor John Rubin at rubin@sog.unc.edu.

Week in Review: Dec 6-10

It’s the first week back from a long holiday break and OJD has been busy with all things #RaiseTheAge. Have a question or a case you could use some help on? Don’t hesistate to give us a call. We are here for you!

Januar January 2020 marks the 50th Anniversary of North Carolina’s Public Defender System. Take a look at Eric with North Carolina’s FIRST Public Defender, Wallace “Wally” C. Harrelson.

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

Training!

Today Eric & Austine are traveling to Lenoir County for a Raise the Age and Juvenile Basics CLE. It’s from 1-4. See the flyer below!

2020 JTIP Summer Academy

The deadline for applications to the 2020 JTIP Summer Academy is fast approaching! Applications are due no later than January 12th, 2020, 11:59 PM EST.

*If you have already applied for the JTIP Summer Academy or you plan to submit an application, please contact Austine Long as soon as possible.

The National Juvenile Defender Center (NJDC) and Georgetown Law Juvenile Justice Initiative are excited be accepting applications for the 2020 Juvenile Training Immersion Program (JTIP) Summer Academy, which will be held in Washington, DC from May 31 – June 6, 2020.

For more information on how to apply visit https://njdc.info/our-work/jtip/jtip-summer-academy/ or see the attached application.

JOB OPPORTUNITY!

Disability Rights North Carolina (DRNC) is seeking a Staff Attorney for their Education Team with a Juvenile Justice and Race Equity Focus. The Staff Attorney will work to ensure equity in the education and criminal justice systems; represent students in special education, and school discrimination matters, including youth in juvenile detention facilities; train attorneys, advocates and other stakeholders; and participate in policy initiatives related to the school-to-prison pipeline.

Send a resume and detailed letter of interest explaining your qualifications and interest in the position to: virginia.fogg@disabilityrightsnc.org. Include Staff Attorney – Education in the subject line of the email. No phone calls please.

Exciting News!

OJD is preparing to record our first podcast of the year! Interested in being a guest? Email LaTobia for a reservation!

2020 JTIP Summer Academy

The deadline for applications to the 2020 JTIP Summer Academy is fast approaching! Applications are due no later than January 12th, 2020, 11:59 PM EST.

*If you have already applied for the JTIP Summer Academy or you plan to submit an application, please contact Austine Long as soon as possible.

The National Juvenile Defender Center (NJDC) and Georgetown Law Juvenile Justice Initiative are excited be accepting applications for the 2020 Juvenile Training Immersion Program (JTIP) Summer Academy, which will be held in Washington, DC from May 31 – June 6, 2020.

The Summer Academy is intended for both new and experienced juvenile defenders. New defenders will develop the skills they need to zealously represent their clients. More experienced juvenile defenders will have the opportunity to refine their skills and enhance their effectiveness by employing defense strategies that incorporate the unique aspects of representing youth in delinquency cases. The program is also designed to build community and equip juvenile defenders with skills they can share with colleagues in their home state.

For more information on how to apply visit https://njdc.info/our-work/jtip/jtip-summer-academy/ or see the attached application.

  • Applications are to be submitted via email to lawjtipsummer@georgetown.edu, using the official PDF application. Please save your application with “First Name Last Name” as the file name.
  • The deadline for application submission is January 12th, 2020, 11:59 PM EST. Late applications will not be considered.

Apply today!

Week in Review: Dec 30-Jan 3

Welcome to the new decade with your trusted OJD office. This week was pretty easy due to the holiday but that doesn’t mean we don’t have things to share.

RAISE THE AGE TIP OF THE WEEK:

Can I Appeal the Order Finding Probable Cause for me 16 or 17 Year Old Client Charged with a Class A through G Felony?

Under the current law there does not appear to be a right to appeal the finding of probable cause.  However, defenders should consider challenging the constitutionality of the mandatory waiver as it violates due process and eliminates the ability of the court to consider the individual mitigating circumstances of a juvenile’s case under Miller and its progeny.  For further information see the following strategy resource or contact the Office of the Juvenile Defender for assistance with the case.

TRAINING!


Eric & Austine are traveling to Lenoir County January 10th to continue our Raise the Age & Juvenile Basics training CLE. OJD will also report and cover the CLE fees associated with your attendance. Why not start the new year with some good training????

See? This week was really simple and just a bit of information. Go enjoy your weekend and it’s back to the office Monday!

But as always, if you have any questions, please feel free to contact our office.

Merry Christmas!

OJD has been on Holiday Break which means no Week in Review (unless you REALLY want to know about all the holiday food we ate!).

Enjoy these few days off with family, friends, and the one’s you love. Create memories, laugh and take a moment to appreciate your surroundings.

Merry Christmas & Happy Holidays from Eric, Kim, Austine and LaTobia.

OJD Week In Review: August 12-16 School Justice Partnership Summit (SJP)

School Justice Partnership (SJP) logo

Chief Justice Beasley and Governor Cooper Announce School Justice Partnership Initiative

This past Monday Chief Justice Cheri Beasley, Governor Roy Cooper, and public officials from across the state representing schools, law enforcement, courts and juvenile justice joined together in Guilford County to announce the official release of the School Justice Partnership (SJP) Toolkit. The SJP Toolkit is a collaborative resource for stakeholder meetings to address offenses emanating from school behavior that are processed in the juvenile and criminal court system . For more information click here.

MORE INFORMATION/OTHER LINKS

 

Watch this clip from Monday’s Safety Summit

www.nccourts.gov/news/tag/press-release/watch-live-Monday-Chief-Justice-Beasley-and-Governor-Cooper-to-announce-official-statewide-release-of-school-justice-partnership-toolkit.

IDS and OJD in the the Bar Journal

barjournal

The Office of Indigent Defense Services, including the Office of the Juvenile Defender, were featured in the Fall 2019 edition of the North Carolina State Bar Journal.

Sign Up Now To Receive Updates About Supreme Courts Rules

www.nccourts.gov/news/tag/press-release/sign-up-now-to-receive-updates-about-supreme-court-rules