Week in Review: July 6-10

Happy Friday Readers! 2nd week in July done and over, but was plenty busy for OJD. Webinars, meetings, court, you name it! So here’s your weekly recap plus a great tip.

Tip of the Week:

Tip of the Week – My Client is in Detention… How Do I Find Them?

There are currently eight detention centers in North Carolina:

  • Alexander Juvenile Detention Center in Taylorsville
  • Cabarrus Regional Juvenile Detention Center in Concord
  • Cumberland Regional Juvenile Detention Center in Fayetteville
  • New Hanover Regional Juvenile Detention Center in Castle Hayne
  • Pitt Regional Juvenile Detention Center in Greenville
  • Wake Juvenile Detention Center in Raleigh
  • Durham County Youth Home in Durham
  • Guilford County Detention Center in Greensboro

Check with your court counselor’s office to find out which location your client is being held, and check here for contact information to visit and call your client.

Webinar, Anyone?

  • NC CRED is hosting a webinar, Wednesday, July 15th from 3:00-4:30 PM entitled, “Balancing The Scales: The Injustice Of Confederate Monuments In Public Spaces.” This webinar how these figures are antiethical to equality under the law and it’s placement at courthouses, plus more. To read more about the presenters and to register for this event, please click here.
  • Join NACDL for a Free Virtual Discussion on Race + Pretrial Practices, Tuesday, July 14th at 4:00 PM entitled, “Policing Black Bodies: Race and Pretrial Practices.” This webinar will discuss the issues of racial bias and racial disparity and how they are pervasive in the criminal legal system. To read more on the details of this webinar and to register, click here.
  • DEFENDERS! DON’T MISS OUT ON A FREE CLE! July 24, 2020 at 3:00-4:00 PMInterviewing 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 link information afterwards.

OJD is covering CLE costs for the first 30 registrants and CLE is pending.

Want to meet our Summer 2020 Interns? Read below!

Alex Palme

My name is Alexander Jeffrey Palme and I am from Sanford, NC. I am 24 years old and am married.  I have been playing various sports since I was very young and currently play professional soccer in the UPSL for Moros FC in my free time. I have degrees in Sociology and Anthropology from the University of North Carolina at Greensboro, where I also wrote a study that I self-published on the recommendation of my professor. I will be in my third year of law school at NCCU and am currently operating under a practicing certificate from the NC bar. I plan to take the UBE next summer and would ultimately love to be on the bench. Last summer I clerked for Legal Aid’s Senior Law Project in Asheville, NC. 

Alex is currently assisting in case research with our Assistant Juvenile Defenders and helping outline our Pocket Guides which will be distributed to defenders soon!

Terris Riley

Mrs. Terris Riley, a native of South Carolina, is law student at North Carolina Central University School of Law with an expected graduation in 2022. As a non-traditional student, she has over 22 years of experience in the Information Technology industry—both private and public sector. She has received numerous local, regional and national awards for her leadership in technology. In 2013, Mrs. Riley’s IT firm was awarded and recognized as South Carolina’s No. 3 Best Performing Business in the State. She later founded a non-profit to pursue activism work for Justice Reform. Prior to relocating to North Carolina for law school, Mrs. Riley served as the Director of Constituent Support for Democratic National Committee Chairwoman and South Carolina House Representative Gilda Cobb-Hunter, the longest serving Member of the SC General Assembly. Upon graduation, she desires to work as an Assistant United States Attorney.

Terris is currently assisting with webinar series and communications, and she brings with her experience with the Virtual Justice Project.

We can’t wait to see the work you two do this summer with OJD!

Week in Review: May 4-8

Thanks for stopping by for another Week in Review! Plenty of meetings and calls this week as NC gears up to reopen our courts and we’re so ready to share new ways to pursue juvenile justice in this new time. Remember, if you have any questions or suggestions, we are more than willing to help.

Also! OJD is looking to develop and provide webinar training to our Juvenile Defenders throughout this pandemic. We are currently requesting topics and information you would like to have discussed. Please email Austine Long with your thoughts. Thank you.

TIP OF THE WEEK

Youth Development Center commitment

We are focusing our Tips of the Week on stages of juvenile proceedings that disproportionately impact youth of color. This week we are considering commitment to a youth development center (YDC):

  • Whenever disposition is being entered for your client, always argue for the lowest level of disposition.  A small number of points, or a violation of probation, can quickly send your client to YDC.
  • Consult with the court counselor and the ADA on their recommendations to the court.  If possible, negotiate a lesser disposition than YDC commitment before court.
  • Meet with your client before the dispositional hearing and provide the court with an alternative disposition plan that considers the safety of the community and your client’s needs.
  • Provide in court testimony from supportive community members.
  • Consider offering the court recent recidivism studies which indicate that commitment to YDC is factor for increased recidivism in juveniles. 

Resources

  • May 14, 2020 at 11 AM: NC CRED presents an interactive round-table webinar with leading experts in the North Carolina public health and criminal justice systems. The webinar will explore current conditions in North Carolina and discuss actionable steps to help mitigate the adverse effects on people in North Carolina who is a webinar about preparing and conducting video conference secure custody hearings. The speaker will discuss best practices, confidentiality and other important issues concerning video conferencing hearings.are involved with the criminal justice system. To register for this webinar, click HERE.
  • From the Coalition for Juvenile Justice and the National Juvenile Justice Network member call, “COVID-19: The Heightened Dangers of Confinement” here are some resources they discussed.
  1. Distinction between medical isolation and solitary (AMEND at UCSF)
  2. A list of disability specific issues/resources (NDRN)
  3. Center for Educational Excellence in Alternative Settings
  4. Council of Juvenile Justice Administrators
  5. National Commission on Correctional Healthcare
  6. National Partnership on Juvenile Service
  7. Stop Solitary for Kids
  8. Tolerance.org

Thanks for stopping by!

Week in Review: Apr 27 – May 1

Welcome to May Readers! April went by a whole lot faster than March and we’re glad everyone is still safe and joining us for another OJD Week in Review.

TIP OF THE WEEK

Secure Custody

We are focusing our Tips of the Week on stages of juvenile proceedings that disproportionately impact youth of color. This week we are considering secure custody:

  • If possible, find out if your client is being detained before the initial secure custody hearing.  It’s critical to start the attorney-client relationship early and inform your client of their rights as well as what to expect at the hearing.
  • If you meet your client for the first time at the initial secure custody hearing, take a few minutes to introduce yourself, describe your role, and answer any questions about the hearing.
  • Come up with a plan for release:  reasonable conditions on your client, alternative placements, or other information that will help the court support a decision for release.
  • If your client is shackled, argue for the removal prior to court starting.  Shackling has an intense, lasting impact on your client and removal can be a good first step to developing confidence with your client. 
  • If your client is not released, make a plan to contact or visit them in detention to discuss next steps.  Make sure the parent/guardian has the contact information for the detention center as well to facilitate calls or visits.
  • If your client is released, make an appointment to meet before the next court date.  Review any conditions of release and encourage your client to contact you with any questions.

JOB OPPORTUNITY

IDS is seeking applicants for the Contracts Administrator and the position has been posted here:

https://www.governmentjobs.com/careers/northcarolina/jobs/2768601/contracts-administrator

The position closes May 7 at 5pm. This is a great way to contribute to indigent defense in North Carolina for a detailed and energetic individual.

RESOURCES

  1. Resources from Racial Justice for Youth: A Toolkit for Defenders can help you advocate for your many detained clients who are youth of color:

Sign up to access the Toolkit’s defender-only resources.

2. SAVE THE DATE: THURSDAY, MAY 14 11:00 AM to 12:30 PM

COVID-19: Implications of the Pandemic within the Criminal Justice System

NC CRED presents an interactive round-table webinar with leading experts in the North Carolina public health and criminal justice systems.

3. Rewatch Strategies for Youth Webinar: Improving Law Enforcement/Youth Interactions in Times of Crisis

HOPE THE START OF YOUR MONTH AND WEEKEND ARE GREAT!

THANKS FOR READING! JOIN US NEXT FRIDAY!

Week in Review: April 20-24

Hello from Friday with OJD. Another work from home week means that OJD is rounding up resources and information for you, anything we can do to help. It always goes without saying but thank you so much for your dedication to continuing the good (juvenile justice) fight, even from your homes.

TIP OF THE WEEK

Complaints Received

We are focusing our Tips of the Week on stages of juvenile proceedings that disproportionately impact youth of color. This week we are considering complaints received:

Attorneys are appointed to cases once a complaint is received by juvenile justice, then filed as a complaint.  So generally attorneys can’t impact whether or not a complaint is received.  But attorneys can prevent the case from going to adjudication by:

  • Asking for a dismissal for various reasons, such as the victim no longer wishes to prosecute or the juvenile has already made amends through a mediation program or restitution.
  • Continue the case for an opportunity for the juvenile to participate in a program such as suggested above, or Teen Court if your jurisdiction has one.
  • After an admission, ask the court to informally defer prosecution without an adjudication.

Resources

  1. IDS recently released information on how PAC can file fee apps for teleconferencing and interim fee apps. Please visit ncids.org for more information.
  2. Legal Aid-ACS has synthesized the federal and state guidance that has come out to date and offer concrete tips and resources for advocating for students during school closures. You can get more information here. There are five documents: 
  3. On Friday, May 1st from 11 AM to 12 PM, Legal Aid-ACS is also hosting a Coronavirus-and-Education Know Your Rights training via Zoom and Facebook Live.  The ZOOM link is at: https://zoom.us/j/91168580266. This session will include overviews of recent guidance, along with lots of practical tips for advocating for students. For those who can’t attend the live session, a video recording will also be available on Legal Aid of NC’s Facebook page (https://www.facebook.com/LegalAidNC ) for families and advocates to access whenever they are available.

THANKS FOR READING!!

AS ALWAYS, HAVE A GREAT WEEKEND AND BE SAFE!!

Week in Review: Apr 13-17

Happy Friday Readers! It’s been another hard (at home) working week for OJD, but with a constant focus on providing the most beneficial and practical information during this time. This week we don’t have a tip for you, rather an important message regarding racial justice for juveniles of color and secure custody. With COVID-19 affecting our detention centers and YDCs, it’s vital to remember that fair treatment includes every juvenile. Read below for viable resources to combat that.

In June 2019 a new study on North Carolina disproportionate minority contact was published.   Using data from DJJ, the study showed that the race of a juvenile contributes to disproportionate negative outcomes, especially for black youth.  Specifically, black youth were more likely to have complaints filed against them, be placed in secure custody, or committed to a youth development center (YDC).  In an attempt to better serve youth color in the system, here are several resources on representing youth of color:

Other Resources from the National Juvenile Defender Center

In addition, the next three tips of the week will focus on the stages of complaints filed, secure custody, and youth development center commitment.

You can also download this post here for your keeping.

North Carolina Defenders

Yesterday we released an important notice regarding operational changes to instituted by state juvenile justice officials in response to the Covid-19 pandemic that may affect youth held in detention. Please continue to refer to that release for resources on how best to serve your clients in secure custody and for the encouragement of alternative options.

THANKS FOR READING AND STAY TUNED FOR NEXT WEEK!

BE SAFE AND STAY HEALTHY!

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 23-27

Welcome to Friday! OJD would again like to thank all of our public defenders who are continuing their work while a crisis sweeps through our state. This week we want to focus on some resources and news regarding the youth in secure custody. As stated earlier this week, courts around the country are limiting or altogether restricting visitation to juvenile detention to combat the spread of COVID-19. While at a base level these limitations are important to the safety and physical health of these youth, another issue has come from these sweeping changes: added mental health stress. We want to equip our defenders with as much information as we can to advocate for those currently in YDCs or detention centers.

Secure Custody Tip of the Week:

Use of Audio/Video Transmission for Secure Custody Hearings 

North Carolina law allows for the use of audio and video transmission for secure custody hearings.  Under 7B-1906(h), note specifically that “[I]f the juvenile has counsel, the juvenile may communicate fully and confidentially with the juvenile’s attorney during the proceeding.” 

Currently your court may not have the equipment needed to perform these hearings.  But if your court does have the equipment, here are a few tips to consider: 

  • When possible, collaborate with stakeholders on how to develop rules or protocols that will ensure clients’ rights are considered, especially confidential communications.
  • Having the ability to engage in confidential communications with your client is paramount, so be mindful of the type of technology used to converse with your client.  Also, there should be created a space where others cannot hear your or your client’s discussions.  For example, don’t use a phone without some kind of barrier prevent others from hearing your conversation. 
  • Check out the School of Government’s Professor Jacqui Greene’s recent article on secure custody.  

Courts may be considering other communication platforms as well, such as Facetime, Skype, Zoom or Microsoft Teams.  If any of these are utilized, try to maintain confidentiality as best possible by ensuring other participants are in closed rooms or otherwise out of sight and sound of others. 

Use your best judgement, and always feel free to contact our office with any questions. 

COVID-19 Resources

Throughout the week we have received numerous resources regarding court, secure custody and COVID-19. We wanted to round those up for you here.

FD.ORG COVID-19 Resources: The Defender Services Office and the Administrative Office of the United States Courts have collected information from around the country for defense council varying from appeals, compassionate release, and access to council.

Physicians for Criminal Justice Reform: A letter written by Physicians for Criminal Justice Reform urging governors, juvenile court systems, and state and local juvenile detention and correctional departments to address the health pandemic by swiftly implementing recommendations in juvenile facilities.

Due Process Challenges in a Time of Crisis Webinar: A webinar opportunity that may shed some light on the challenges the legal system is currently experiencing due to the Coronavirus. A little information can go a long way in times like this. 

ADA Letter Regarding COVID-19 & Diabetes: Shared by NACDL,  a letter the American Diabetes Association has created to help educate courts, detention center, and other officials on the unique challenges and risks for individuals with Type 1 and Type 2 diabetes. It can be used alongside bond/release motions or shared with local law enforcement.

ABA Non-CLE Webinar on NJ’s Rapid Release: On Sunday, March 22, 2020, the Chief Justice of the New Jersey Supreme Court entered an Order providing for the commutation or suspension of many county jail sentences. his webinar will feature many of the key players to discuss the actual terms of the Order, how they came to agreement and how this agreement might serve as a model for decreasing jail populations to limit the spread of COVID-19 in other states.

Resources for Private Council & Small Businesses: Provided by one of our contract attorneys, Donna Terrell, this is a great resource for staying engaged with clients and potential clients while running a private practice.

HAVE SAFE SOCIAL DISTANCING WEEKEND!

Juveniles & COVID-19

As you may know, courts around the country are limiting or altogether restricting visitation to juvenile detention to combat the spread of COVID-19. While at a base level, important to the safety and physical health of these youth, another issue has come from these sweeping changes: added mental health stress.

You can read this article from The Marshall Project. With the limits on visitation, youth are concerned for their loved ones, parents cannot see their child, and the implications of the restriction are taking an emotional toll on all.

For our NC Defenders who has juveniles in secure custody please read below:

We wanted to pass on some information regarding youth in detention. We have spoken with DJJ and here is what they have relayed:

  • all legal visits to the detention centers for juvenile will continue
  • attorneys are asked to call the detention center before they visit
  • attorneys may be screened for COVID-19 (asked a couple questions) to ensure the safety of the youth and staff
  • due to the closure of courts and continuances as a result to Chief Justice Beasley’s Executive Order, DJJ is working to have tele-hearing equipment available by early next week. That equipment is being delivered to the facilities and districts today and may also be available to parents and attorneys to visit electronically with their child/clients in detention in a secure and confidential manner. DJJ said they would let our office know when this option is available.

We understand that some of the detention centers may be filling up, with a reduction in alternatives due to the pandemic.  We encourage you to remind the court of low contact options, such as house arrest or electronic monitoring.  Check out our website for materials and information about Detention Advocacy here, or call our office and we will get back with you!

OJD Week in Review: August 26-30

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School’s Back

As students return to school, defenders may want to check out the OJD website for tips on defending students charged at school.  Under Materials for Defenders you can find a list of Materials by Training Subject.  Check out “School Related Issues” and “Special Education” topics.

New Resources

NJDC App

njdc app

The National Juvenile Defender Center (NJDC) recently released Juvenile Defense Resources, a mobile app available in the Apple Store and Google Play Store, which provides juvenile defense attorneys with helpful resources to defend young people in delinquency cases. 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.

To access the mobile app, juvenile defense attorneys can search “Juvenile Defense Resources” or “National Juvenile Defender Center” in the search box within their respective application stores and install the app (see photo for reference). In order to sign up to access the app, prospective members must certify that they are currently representing youth in delinquency court, and will be directed to create a username and password unique to each member. You may sign up directly through the mobile app or through NJDC’s website, via the login button on NJDC’S homepage or directly at this link.

Please note that the mobile app is password protected and you will not be able to access the resources until your request for access has been approved. Please allow up to three (3) business days for your request to be approved.

Over the next few weeks, NJDC will continue to build the database of resources available through the mobile app. If you have any questions or run into any technical issues when trying to sign up or access the mobile app, or the resources contained within, please contact NJDC’s 2017-2019 Gault Fellow, Aneesa Khan, at akhan@njdc.info for assistance.

Detention Toolkit

njdc right to liberty (2)

The National Juvenile Defender Center (NJDC) has 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.