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!

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: 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 11-15

Another week down, many more more to go. Thank you for coming back to read another week in review with OJD. There’s a few webinars we want to tell you about and as always, a Tip of the Week. Short and sweet so you can go grill some hot dogs in this nice weather (save a burnt one for LaTobia) 😀

TIP OF THE WEEK

When Should I Receive the Disposition Report?

You should try to receive the disposition report prior to the dispositional hearing to review with your client.  If possible, try to get a copy of the report at least several days prior to the hearing.  While there is no statutory authority compelling the receipt from the intake counselor, there are local rules which suggest time periods.

Congratulations are in order to LaToya Powell who was named this years CHILDREN’S CHAMPION by the NC Bar Association’s Juvenile Justice and Children’s Rights Section at their annual meeting yesterday!!!!!!!! Congratulations LaToya and thank you for all your hard work defending and protecting children!!

  • Our first DEFENDER ONLY Online CLE Webinar: Video Conference Secure Custody Hearings, is next Friday, May 22 at 11:00 AM. It is a FREE CLE to the first 75 DEFENDERS. To register for this training, click HERE. Place your Job Title & Bar Number in: Job Title to ensure proper CLE credit.  Also include your organization in the Company field.
  • May 15 at 1:00 pm, Dr. Maureen Reardon of @NC_IDS and the Guilford County Public Defender’s Office is hosting a 1 Hour Online CLE on Working with Mental Health Experts: Psychological Testing in Criminal Cases. Register here for this great webinar!
  • May 18, 2020 at 12:00 PM join Strategies for Helping Youth Cope During Uncertain Times Webinar with Ruby Brown-Herring, from the NC Division of Mental Health, Developmental Disabilities, and Substance Abuse Services. You can register here for this webinar.
  • OJJDP is hosting a webinar May 21, 1:00 to 2:15 PM, on Mentoring and Supporting Young People’s Mental Health and Well-being. It will focused on strategies and resources to support mental health for juveniles. Register here.

That sums up this week, have a great (and safe!) weekend! – 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!

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: 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.

Guest Blogger: David Andrews, Office of the Appellate Defender

Any Given Sunday  I’ll be the first to admit that I don’t watch a lot of football.  The games are long and there’s that persistent risk of concussion.  But a phrase you sometimes hear with football – “any given Sunday” – has a ring to it.  During any particular game, the underdog could surprise everyone and upset a higher-ranked team.  So it is with the law.  The Supreme Court of North Carolina issues opinions once or month or once every two months, but always on a Friday.  And, so, on any given Friday, a defendant or a juvenile could surprise everyone and come out on top.  The Court of Appeals issues opinions on the first and third Tuesdays of each month.  So, you know, “any given Tuesday.”  But how do you get to a point where an upset is possible?  One way is through motions.  Over the past several months, my colleagues and I at the Office of the Appellate Defender (“OAD”) have been working with attorneys at the Office of the Juvenile Defender (“OJD”), the Center for Death Penalty Litigation, and Prisoner Legal Services on sample motions for various issues.  You can find these motions on the OAD and OJD websites.  The motions are designed in part to preserve legal arguments and, thus, to achieve that unexpected win on appeal.  However, they also serve to educate judges and lawyers about specific legal issues.  And who knows? One or more of the motions might win in trial court.  One set of motions involves the new offenses of making a false report of mass violence on educational property and communicating a threat of mass violence on educational property.  The motions involve various free speech arguments.  From the outside, free speech arguments can seem complicated.  But have no fear – these motions provide case law and a roadmap for asserting free speech claims.  Another motion lays out an argument that the State should be required to give notice if it intends to seek a higher disposition on the ground that the juvenile committed the offense while on probation and then prove that the juvenile was on probation beyond a reasonable doubt.  Juveniles are entitled to the same notice as adults.  In addition, the State is required to prove every fact necessary to constitute the crime beyond a reasonable doubt. Under Apprendi v. New Jersey, 530 U.S. 466 (2000), sentencing enhancements in criminal cases are treated as elements that the State is required to prove beyond a reasonable doubt.  The same logic should arguably apply to delinquency cases.  Finally, there is a batch a motions that all involve extending Miller v. Alabama, 567 U.S. 460 (2012) to some of its logical conclusions.  For example, there is a motion arguing that the mandatory transfer of first-degree murder cases to adult court is unconstitutional. If judges are required to take youth into account before imposing an LWOP sentence, they should be required to do so before transferring the case to adult court.  Another motion argues that the threshold for imposing the death penalty and mandatory LWOP sentences should be extended from 18- to 25-years old.  Miller was premised on research into adolescent brain development.  And, so, if that same research indicates that the adolescent brain does not finish maturing until the mid-20s, then the law should reflect that research, as well.  Finally, there’s a motion arguing that felony murder should not apply to juveniles.  In North Carolina, felony murder is based on deterrence.  However, Miller explains that deterrence doesn’t work with kids because kids tend act impulsively without considering the consequences of their conduct.  All of these arguments are just that – arguments.  Some may win, some will lose.  But we won’t know unless we try.  On any given day in court, anything is possible. Profile Picture - Small
David Andrews

Any Given Sunday

I’ll be the first to admit that I don’t watch a lot of football.  The games are long and there’s that persistent risk of concussion.  But a phrase you sometimes hear with football – “any given Sunday” – has a ring to it.  During any particular game, the underdog could surprise everyone and upset a higher-ranked team.

So it is with the law.  The Supreme Court of North Carolina issues opinions once or month or once every two months, but always on a Friday.  And, so, on any given Friday, a defendant or a juvenile could surprise everyone and come out on top.  The Court of Appeals issues opinions on the first and third Tuesdays of each month.  So, you know, “any given Tuesday.”

But how do you get to a point where an upset is possible?  One way is through motions.  Over the past several months, my colleagues and I at the Office of the Appellate Defender (“OAD”) have been working with attorneys at the Office of the Juvenile Defender (“OJD”), the Center for Death Penalty Litigation, and Prisoner Legal Services on sample motions for various issues.  You can find these motions on the OAD and OJD websites.  The motions are designed in part to preserve legal arguments and, thus, to achieve that unexpected win on appeal.  However, they also serve to educate judges and lawyers about specific legal issues.  And who knows? One or more of the motions might win in trial court.

One set of motions involves the new offenses of making a false report of mass violence on educational property and communicating a threat of mass violence on educational property.  The motions involve various free speech arguments.  From the outside, free speech arguments can seem complicated.  But have no fear – these motions provide case law and a roadmap for asserting free speech claims.

Another motion lays out an argument that the State should be required to give notice if it intends to seek a higher disposition on the ground that the juvenile committed the offense while on probation and then prove that the juvenile was on probation beyond a reasonable doubt.  Juveniles are entitled to the same notice as adults.  In addition, the State is required to prove every fact necessary to constitute the crime beyond a reasonable doubt. Under Apprendi v. New Jersey, 530 U.S. 466 (2000), sentencing enhancements in criminal cases are treated as elements that the State is required to prove beyond a reasonable doubt.  The same logic should arguably apply to delinquency cases.

Finally, there is a batch a motions that all involve extending Miller v. Alabama, 567 U.S. 460 (2012) to some of its logical conclusions.  For example, there is a motion arguing that the mandatory transfer of first-degree murder cases to adult court is unconstitutional. If judges are required to take youth into account before imposing an LWOP sentence, they should be required to do so before transferring the case to adult court.  Another motion argues that the threshold for imposing the death penalty and mandatory LWOP sentences should be extended from 18- to 25-years old.  Miller was premised on research into adolescent brain development.  And, so, if that same research indicates that the adolescent brain does not finish maturing until the mid-20s, then the law should reflect that research, as well.  Finally, there’s a motion arguing that felony murder should not apply to juveniles.  In North Carolina, felony murder is based on deterrence.  However, Miller explains that deterrence doesn’t work with kids because kids tend act impulsively without considering the consequences of their conduct.

All of these arguments are just that – arguments.  Some may win, some will lose.  But we won’t know unless we try.  On any given day in court, anything is possible.

OJD Week in Review: Feb. 4 – 8

Salutations and thank you for joining us again!  This week, in addition to the invaluable Tip of the Week and necessary reminders, we’ve got a new job posting.  Also, please note that many deadlines job applications and event dates are approaching within the next week!

Tip of the Week – Calculations Matter

Make sure you calculate your client’s delinquency history correctly.  It is reversible error if you do not advise your client of the most serious disposition s/he is exposed to (even if everyone agrees to a lower dispositional level).  Feel free to use the disposition chart and prior record scoring sheet available here on our website.

delinquency calculation

From Around the Community

On Monday, Feb. 11, at 12:30 p.m., Duke Law School Professor Brandon L. Garrett and the Duke Criminal Law Society will be presenting and releasing their newest study, “Juvenile Life Without Parole in North Carolina”.  Garrett was awarded a grant from the Charles Koch Foundation to study evidence to inform criminal justice policy.  Through his research, Garrett prepared a report and will be sharing his findings with all attorneys working on juvenile cases at this event.  For further information, please direct questions to Callie Thomas.

Job Opportunities

National Center for State Courts (NCSC) is currently looking to fill a position for a Principal Court Management Consultant that would be based in one of NCSC’s offices (Denver, CO; Arlington, VA, or HQ in Williamsburg, VA), or possibly teleworking when not traveling.  NCSC is expanding its staff devoted to family and children’s issues and is hoping to get candidates with juvenile justice experience for this position.  To apply and see more details about this position, please check here.  The deadline for applications will be Friday, Feb. 15.

The deadline for electronic offers for the Office of Indigent Defense Services‘ Request for Proposals in Caswell, Person, Alamance, Orange, and Chatham counties will be Friday, Feb. 15.  The current contracts for adult noncapital criminal cases at the trial level and per session court cases in those districts will expire on May 31 and renew on June 1.  The RFP (RFP #16-0002R) seeks services for adult noncapital criminal cases at the trial level, juvenile delinquency, abuse/neglect/dependency and termination of parental rights, and treatment courts.  Please note that the RFP will not seek offers for potentially capital cases at the trial level, direct appeals or post-conviction cases.  Also, the juvenile delinquency RFP will only include Caswell, Alamance, and Person counties.  To access the RFP, please check here.

Training

On March 15, from 10:00 a.m. to 4:45 p.m., the UNC School of Government (SOG) will be hosting the first North Carolina Criminal Justice Summit in the the University of North Carolina at Chapel Hill’s Carolina Club.  The Summit will be lead by SOG’s own Professor of Public Law and Government Jessica Smith and will feature national and state experts with broad-ranging ideological perspectives who will discuss key issues capturing attention in North Carolina and around the nation, including bail reform, overcriminalization, and barriers to re-entry, such as fines and fees, the criminal record, and collateral consequences.  Join the conversation as they explore how these issues impact justice, public safety and economic prosperity in North Carolina, and whether there is common ground to address them.  This event will be free to attend, lunch will be provided, and it offers 5 hours of CJE and free CLE credit.  Attendees are responsible for their travel expenses, including a $14 event parking fee.  For those arriving the night before, state rate and discounted rooms at local hotels will be available.  To apply for this course and find more details, please visit here.  Applicants will be notified regarding acceptance no later than Friday, Feb. 15th.

The Office of the Juvenile Defender will be hosting a Juvenile Court Basics CLE on Feb. 27 from 1 to 4 p.m. at the Cumberland County Courthouse.  Assistant Juvenile Defender Kim Howes will be discussing the role of counsel, how to communicate with juvenile clients, dispositions, capacity, appeals, and so much more.  Questions and concerns are welcome.  Three general CLE credit hours are currently pending for this training.   Please contact Marcus Thompson by email or call 919-890-1650 if you have questions.

Save the date!  The 2019 Regional Training for Indigent Defense: Special Issues in Complex Felony Cases will be held on March 21 at the East Carolina Heart Institute at East Carolina University in Greenville, N.C.  The training will focus on topics relevant to criminal law practitioners and is open to IDS contract attorneys and privately assigned counsel.  Participants will receive three general CLE credit hours.  Registration should open later this month.

every-day-is-training-day

That wraps up this week.  There should be more to come next Friday, but in the meantime, check out OJD’s Twitter and Facebook for posts throughout the week.

OJD Week in Review: Dec. 10 – 14

Another Friday and only two more left in 2018!  This week we’ve got a new tip for defenders, one new training, and deadline reminders for you.

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.

Training

Applications for the Reducing Racial and Ethnic Disparities in Juvenile Justice Certificate Program are due today.  Only a limited number of applicants will be accepted, so please visit the website to view the curriculum and learn how to apply to the training.  This is an intensive training  hosted by the Center for Juvenile Justice Reform (CJJR) in partnership with the Center for Children’s Law and Policy (CCLP) and designed to support local jurisdictions in their efforts to reduce racial and ethnic disparities in their juvenile justice systems.   The training will allow participants to develop and implement a Capstone Project designed to reduce the disparate treatment in their communities.   This event will take place March 25 – 29, 2019, at the Georgetown University Hotel and Conference Center.  For more information, please visit the training website.

23777394-Save-the-date-grunge-rubber-stamp-on-white-vector-illustration-Stock-Vector

Save the date!  The 2019 Regional Training for Indigent Defense: Special Issues in Complex Felony Cases will be held on March 21, 2019 at the East Carolina Heart Institute at East Carolina University in Greenville, N.C.  The training will focus on topics relevant to criminal law practitioners and is open to IDS contract attorneys and privately assigned counsel.  Participants will receive three general CLE credit hours.  Registration will open in January.

Job Opportunities

On Dec. 1, Indigent Defense Services (IDS) issued a Request for Proposals (RFP) in Caswell, Person, Alamance, Orange, and Chatham counties.  The current contracts for adult noncapital criminal cases at the trial level and per session court cases in those districts will expire on May 31, 2019 and renew on June 1, 2019.  The RFP (RFP #16-0002R) seeks services for adult noncapital criminal cases at the trial level, juvenile delinquency, abuse/neglect/dependency and termination of parental rights, and treatment courts.  Please note that the RFP will not seek offers for potentially capital cases at the trial level, direct appeals or post-conviction cases.  Also, the juvenile delinquency RFP will only include Caswell, Alamance, and Person counties.  The deadline for electronic offers is Feb. 15, 2019.  To access the RFP, please check here.

That will be all for this week.  Please check us out on Twitter and join us on the OJD Facebook page for other news and updates throughout the week.  And if you don’t see anything further from us before the year’s end, we wish you all safe and holidays!

Parks and Rec Holiday