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

OJD Week in Review: Nov. 26 – 30

Salutations and happy Friday to all!  This week we’ve got a decent haul of fresh updates and reminders for upcoming deadlines.  Of course, in the holiday season things will eventually slow down again, but we’ve got other content planned before the end of the year for you…

Job Opportunities

The Office of Indigent Defense Services (IDS) is currently seeking a full-time Project Attorney for a two-year contract position with the Office of the Juvenile Defender (OJD).  This is a federal grant-funded position meant to improve the training capabilities of OJD and prepare juvenile defense attorneys for the changes that will result from the Raise the Age legislation.  The Project Attorney’s duties will include planning and oversight of juvenile defense training statewide and recruitment of local trainers.  The selected candidate will report to the Juvenile Defender and IDS Contract Administrator.  The ideal candidate will have a minimum of three years of juvenile defense or appellate court experience, will be able to travel statewide, and possess experience in educating/training of professionals.  Applications will be accepted until Monday, Dec. 3, 2018.  For more information about the position, please check the post here.

IGotTheJob

The Committee for Public Counsel Services (CPCS), the Massachusetts public defender agency, is currently seeking a director for its newly created Strategic Litigation Unit.  The Strategic Litigation Unit will be responsible for litigation aimed at achieving systemic and institutional reform in all of CPCS’s criminal and civil practice areas.  The Strategic Litigation Director will lead those efforts and will work with other attorneys, advocacy organizations, and clients to promote justice for and protect the rights of individuals who are parties in criminal and civil right-to-counsel proceedings.  The director’s responsibilities will include criminal and civil litigation and administrative advocacy.  Litigation will include both trial and appellate advocacy in state and federal court.  Depending upon the matter at issue, the director may serve as lead counsel, co-counsel, consultant, amicus curiae, or provide technical support.  The position will be posted until filled.  To find further information and to apply, please visit here.

Bay Area Legal Aid is currently seeking a Youth Justice Staff Attorney who will provide civil legal services designed to meet the individualized needs of delinquency-involved youth, with a particular focus on SSI cases for children with disabilities.  This position is based out of Alameda County, CA, but the position may include travel throughout the Bay Area.  The Youth Justice Attorney’s responsibilities include client interviews, negotiations with governmental agencies/opposing parties, research and writing, and representation at administrative and court proceedings.  The attorney is also expected to engage in outreach with probation, social services, law enforcement, youth service providers, and other community organizations.  Beyond SSI cases, the position may also include a smaller, mixed caseload in areas such as special education, health access, public benefits (e.g. foster care benefits, CalWORKs, and General Assistance), legal permanency, housing, and other work.  Clients served by this project experience high rates of sexual exploitation, abuse and neglect, and mental health-related issues which the attorney will be expected to navigated in providing legal assistance.  Review of applications will begin immediately and continue on a rolling basis, but applicants are encouraged to apply as soon as possible.  For a full description of the job responsibilities and the application process, please check here.

From Around the Community

From the On the Civil Side blog, Professor Jacquelyn Greene discusses delinquency dispositional orders.  In this blog, Greene breaks down what factors need to be considered when deciding dispositional orders for juveniles.  You can read the full blog post here.

From the creators of the weekly public radio program This American Life, a spinoff podcast called Serial has an episode focused on youth at an Ohio juvenile correctional facility.  You can listen to the podcast here.  (Shout-out to David Andrews for bringing this piece to our attention!)

Training

i-love-training-trainings-my-favorite

From March 25- 29, 2019, at the Georgetown University Hotel and Conference Center the Center for Juvenile Justice Reform (CJJR) will be hosting the Reducing Racial and Ethnic Disparities in Juvenile Justice Certificate Program.  This is an intensive training  hosted 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.  CJJR will only accept a limited number of applicants, so please visit the website to view the curriculum and learn how to apply to the training.  Applications will be accepted through December 14, 2018.  For more information, please visit the training website.

On Dec. 7, from 1:30 p.m. to 3:00 p.m., the UNC School of Government will be hosting the 2018 Winter Criminal Law Update webinar.  This webinar will cover recent criminal law decisions issued by the North Carolina appellate courts and U.S. Supreme Court and will highlight significant criminal law legislation enacted by the North Carolina General Assembly.  School of Government criminal law experts Shea Denning and Phil Dixon Jr. will discuss a wide range of issues affecting felony and misdemeanor cases in the North Carolina state courts.  Participants will receive 1.5 hours of general CLE credit and this qualifies for NC State Bar criminal law specialization credit.  All public defenders, private attorneys who handle or are interested in pursuing indigent criminal defense work, and other court personnel who handle criminal cases are invited.  The registration fee for private assigned counsel, contract attorneys, and other non-IDS employees is $75.00.  There is no registration fee for IDS state employees.   Please visit here to register online and find additional information about the webinar.  Pre-registration is required; the deadline is 5:00 p.m. on Wednesday, December 5.  As it is a live broadcast, the webinar is NOT subject to the State Bar’s 6-hour per year credit limit for computer-based CLE.  For more info, please contact Program Manager Tanya Jisa or call 919.843.8981.

That will be all for now.  If you have any articles, videos, or podcasts from around the community or even something personal related to juvenile justice that you would like to submit, please feel free to reach out!  We’re always happy to see more engagement and have more collaboration!  Until next time, enjoy the weekend!

 

OJD Week in Review: Aug. 20 – 24

Happy Friday!  This another very light week, but we’ve got some new resources added and the same reminders for training registration deadlines that are approaching fast!

New Resource

There are three new resources added to the “Materials for Defenders” page.  Under the “Adolescent Brain Development” section, we’ve posted Dr. Cindy Cottle’s presentation from the Advocating for Youth Charged with First Degree Murder training titled Moving Forward: Advanced Concepts in Adolescent Brain Development.  Under the “Confessions” section, we’ve added the Juvenile Training Immersion Program’s Summary of Reid Interrogation Techniques.  Under the “Dispositions” section, you can now find Veronika Monteleone’s Disposition Worksheet.  All of these resources and more can be found here.

Training

Registration for the 2018 Misdemeanor Defender Training will at close 5 p.m. on Thursday, Aug. 30There will be no onsite registration.  The training will take place at the UNC-Chapel Hill campus from Sept. 18 – 21.  This event, cosponsored by the Office of Indigent Defense Services and the School of Government, will be an introductory program for attorneys who are new to handling misdemeanor cases and will offer 21.5 CLE credit hours, including one hour of ethics/professional responsibility credit and qualifies for criminal law specialization credit.  Attendees can expect sessions that will cover topics such as impaired driving, probation violations, ethical issues in district court, and much more.  The deadline for the hotel block will be Tuesday, Aug. 28.  The fee for privately assigned counsel will be $560, but the program will be free for IDS state employees.  There is a new online registration system being used that will require first-time users to create an account, but if any issues should arise, please contact registration@sog.unc.edu/919.966.4414 or check the FAQ page.  For further questions contact either Tanya Jisa or Phil Dixon,Jr.

Save the Date!  The Bridging The Gap III Seminar will be in Winston-Salem September 20-21, 2018.  Participants in this seminar will be awarded 10.25 CLE credit hours, including 1.5 credit hours in ethics, professional responsibility and professionalism.  The registration fee is $115.00.  The focus of this seminar will be on client and family relations, and pretrial resolution.  Registration and hotel information will be published in early July.  A block of 40 rooms will be available once the registration is published.  For an attorney to attend he or she must have at least 7 years’ experience.  The “ gap” in Bridging The Gap describes lawyers who have never taken murder cases and are considering taking them on, and lawyers who have taken non-capital murder cases and are considering taking capital cases.  The seminar, hosted by the Office of the Capital Defender, focuses on issues relevant to both non-capital and capital murder cases.  If you have questions or need additional information, please contact Terry Alford.

That sums it up for this week!  Have a great weekend, and hopefully there is more to come next week!

OJD Week in Review: Aug. 6 – 10

Welcome back, everyone!  This week there are some great new stories to share from our site and around the Web.

From Around the Community

First, from the On the Civil Side blog, Austine Long discusses youth development centers (YDCs).  In her post, Long emphasizes the use of YDCs and the need for juvenile justice advocates to familiarize themselves with the facilities and requirements of committed youth.  Long also encourages attorneys to attend trainings about YDCs, including the annual Juvenile Defender Conference.  You can check out the full post here.

Dilemma of Duties

Earlier this week, our office had the pleasure of speaking with Dr. Anne Corbin about her book, Dilemma of Duties: The Conflicted Role of Juvenile Defenders.  Through interviews with many juvenile defense attorneys across North Carlina, Corbin examines the role of juvenile defenders and the internal and external pressures experienced by defenders to divert from expressed-interest advocacy to best-interest advocacy.  We recorded the discussion for our next podcast, which we hope to share in the very near future, but in the meantime check out the book for yourselves!

Speaking of books, from the Sentencing Law and Policy blog, author Cara Drinan wrote a four-part series to discuss her book The War on Kids: How American Juvenile Justice Lost Its Way.  In her first post, Drinan addresses the question of how the U.S. became an international outlier in the severity of its juvenile justice practices, touching on the origins of the juvenile court system and drawing the line to the failures of the system today.  Her later posts also cover what the war on kids looks like, three Supreme Court cases that have significantly impacted the juvenile justice system, and post-Miller parole.  Drinan concluded the series of posts earlier this week, so be sure to read all four blog posts and check out the book!  You can read the beginning of her series here.  Shout-out to David Andrews for bringing these blogs to our attention!

Finally, if you haven’t already seen it, please take a moment to read our feature on Cindy Ellis, the new contract juvenile defender of Davie County.  Read the full post here.

Cindy Ellis pic

Training

Registration is now open for the 2018 Misdemeanor Defender Training, which will take place at the UNC-Chapel Hill campus from Sept. 18 – 21.  This training, cosponsored by the Office of Indigent Defense Services and the School of Government, will be an introductory program for attorneys who are new to handling misdemeanor cases and will offer 21.5 CLE credit hours, including one hour of ethics/professional responsibility credit and qualifies for criminal law specialization credit.  Attendees can expect sessions that will cover topics such as impaired driving, probation violations, ethical issues in district court, and much more.  The registration deadline will be 5 p.m. on Aug. 30 and the deadline for the hotel block will be Aug. 28.  There will be no onsite registration.  The fee for privately assigned counsel will be $560, but the program will be free for IDS state employees.  There is a new online registration system being used that will require first-time users to create an account, but if any issues should arise, please contact registration@sog.unc.edu/919.966.4414 or check the FAQ page.  For further questions contact either Tanya Jisa or Phil Dixon,Jr.

Save the Date!  The Bridging The Gap III Seminar will be in Winston-Salem September 20-21, 2018.  Participants in this seminar will be awarded 10.25 CLE credit hours, including 1.5 credit hours in ethics, professional responsibility and professionalism.  The registration fee is $115.00.  The focus of this seminar will be on client and family relations, and pretrial resolution.  Registration and hotel information will be published in early July.  A block of 40 rooms will be available once the registration is published.  For an attorney to attend he or she must have at least 7 years’ experience.  The “ gap” in Bridging The Gap describes lawyers who have never taken murder cases and are considering taking them on, and lawyers who have taken non-capital murder cases and are considering taking capital cases.  The seminar, hosted by the Office of the Capital Defender, focuses on issues relevant to both non-capital and capital murder cases.  If you have questions or need additional information, please contact Terry Alford.

Job /Funding Opportunity

The National Juvenile Defender Center (NJDC) is currently seeking a research manager.  The ideal candidate will have at least 5 years of experience, a commitment to advancing improvements in juvenile defense policy and practice, a love of research, writing, and critical thinking, and an eagerness to build a career at the intersection of youth justice and social change.  The selected candidate will be responsible for developing and executing research efforts to advance NJDC’s mission, and strengthening the empirical qualities and evaluating the impact of NJDC’s work on the community.  This position will remain open until filled.  For more information please check here.

The Committee for Public Counsel Services (CPCS) in Massachusetts is currently accepting applications for a Deputy Chief Counsel of the Private Counsel Division, who is a member of the senior management team that develops and implements fiscal, operational, human resource, and legislative policies.  The Private Counsel Division is responsible for delivering legal services to indigent clients through assigned private attorneys in criminal defense trial and post-conviction cases as well as commitment and registration cases for persons convicted of sex offenses.  Applications will be accepted until the position is filled.  For more info please check here.

That sums it up for this week!  The near-future for news in the juvenile defense community is looking good, so check back soon!

“Introducing the 2017 Edition of the N.C. Juvenile Defender Manual” by Guest Blogger David Andrews

David Andrews Profile Picture - Small

Late last year, John Rubin of the UNC School of Government and I published the 2017 edition of the North Carolina Juvenile Defender Manual. This edition was three years in the making.  In addition, its publication coincided with a year-long initiative to commemorate the 50th anniversary of In re Gault, 387 U.S. 1 (1967), the Supreme Court decision that transformed the protections for juveniles in delinquency cases.

The new edition of the manual builds on the structure of the original 2008 edition and contains discussions of recent changes to the Juvenile Code, and analysis of case law from the past ten years. Here are some of the major changes to the manual:

  1. Appeals (Chapter 16): I handle juvenile delinquency appeals and so, naturally, one part of the manual that saw some significant changes was the chapter devoted to appeals. The primary change to this chapter involves a new section on transmitting appeals to the Appellate Defender, which is a process that is sometimes overlooked by attorneys, but can result in complications and delays. We also added new sections on appeals by the State and appeals involving the denial of a motion to suppress.
  1. Suppression Motions (Chapter 11): Prior to 2015, there were no procedures in the Juvenile Code for suppression motions. However, in 2015, the General Assembly enacted a law that provided specific procedures for suppression motions filed in juvenile delinquency cases. The new edition of the manual describes those procedures, as well as recent opinions on suppression issues, such as D.B. v. North Carolina, 564 U.S. 261 (2011), and State v. Saldierna, 369 N.C. 401 (2016).
  1. Registration of juveniles adjudicated delinquent for sex crimes (Chapter 13): The new edition of manual includes a lengthier discussion of state and federal registration requirements for juveniles adjudicated delinquent for certain sex crimes.
  1. Modifying dispositional orders (Chapter 13): The new edition of the manual provides an expanded discussion of motions in the cause under N.C. Gen. Stat. § 7B-2600 and a discussion of two recent cases that shed light on the criteria for modifying dispositional orders.
  1. The juvenile’s right to access records (Chapter 10): In the chapter on discovery, John and I included a section on the juvenile’s right to access the clerk’s records for cases involving the abuse, neglect, or dependency of the juvenile; DSS records of cases in which the juvenile is under placement by a court or has been placed under protective custody by DSS; and records concerning the juvenile that are maintained by law enforcement and the Division of Adult Correction and Juvenile Justice.
  1. Raise the age legislation (Chapter 19): As John and I neared completion of the manual, the General Assembly enacted legislation to raise the age of jurisdiction for juvenile delinquency cases from 15- to 17-years-old. John and I added a short chapter that discusses portions of the legislation that went into effect in December 2017. We also provided a link to a primer by LaToya Powell on the changes that take effect in December 2019.

We hope that juvenile defenders around the state find the new edition of the manual useful. If you have questions or comments about the manual, please send them to David Andrews at david.w.andrews@nccourts.org or John Rubin at rubin@sog.unc.edu.

 

David W. Andrews is an Assistant Appellate Defender in the North Carolina Office of the Appellate Defender (OAD), a division of the Office of Indigent Defense Services. OAD staff attorneys represent indigent clients in criminal, juvenile delinquency, and involuntary commitment appeals to the Court of Appeals of North Carolina and the Supreme Court of North Carolina.