OJD Week in Review: Jan. 15-19

Good afternoon N.C. Juvenile Defender Community.  It has been a rather eventful week, depending on where you are, and we hope everyone is still warm and safe.  This week we would like recap a few important things.

ICYMI

Earlier in the week, Assistant Appellate Defender David Andrews offered a great breakdown of the updated North Carolina Juvenile Defender manual, the first new edition since 2008.  The new manual offers defenders instruction based on changes to the Juvenile Code over the past decade, including sections on procedures for suppression motions and Raise the Age legislation, along with expanded sections on other topics covered in the original.  Andrews co-wrote the new manual along with John Rubin, Albert Coates Professor of Public Law and Government at the UNC School of Government.  Please take a moment to read David’s article here and access the new manual on the School of Government’s website.

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Also, earlier in the week our office released our “2017 Year in Review”, highlighting some of the juvenile defense community’s biggest achievements in the past year, including the passage of Raise the Age and commemorating the 50th anniversary of In re Gault.  In our post we also provide our plan going forward to evaluate contracts and provide training in response to the increase in juvenile jurisdiction.  To read our brief on some of our successes and plans from 2017, please check out our article here.

Quick Reminders

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) will be supporting National Drug and Alcohol Facts week, sponsored by the National Institute on Drug Abuse and National Institute on Alcohol Abuse and Alcoholism.  From Jan. 22-28, these organizations will be supporting community events nationwide and beyond that bring people together, from adolescents to experts, to discuss alcohol and drug abuse.  The National Institute on Drug Abuse will be providing free booklets about how to deal with drug abuse, in addition to other educational resources.

OJJDP will also be accepting nominations for their 2018 National Missing Children’s Day awards until Jan. 24.  They are seeking nominees for their Missing Children’s Citizen Award and Missing Children’s Child Protection Award.  These awards are meant to recognize private individuals who helped to recover a missing/abducted child and professionals, such as law enforcement officers and child protective service agents, who have worked to protect children from abuse and victimization.  For further details and to submit your nominations, please check here.

That will be all for now, but warmer weather, better days, and more news are ahead!  Don’t forget to check back early and often and follow us on Facebook and Twitter as well.

 

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

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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.

OJD Week In Review: Oct. 30 – Nov. 3

We hope everyone had a great Halloween, and this week we’ve got a few new updates to resources, training info, and reminders for you.

A Few Treats and (Possibly New) Tricks You Can Use

Never too old

The Youth Justice Project has released a new report titled “Putting Justice in North Carolina’s Juvenile System”.  This report points out areas in which North Carolina’s juvenile justice system is failing youth, especially youth of color.  The  report identifies five major barriers that are hindering the N.C. juvenile justice system, including one which sites inadequate resources for OJD.  You can read the report here.

The W. Haywood Burns Institute has updated its interactive map which illustrates significant racial and ethnic disparities in youth incarceration rates.  Through this map you can review how your state ranks in incarceration rates, compare which counties have incarcerated the most youth by race,  and filter data by measurement, race, offense and placement type.  You can view the map on their website here.

Registration is now open for the Winter Criminal Law Webinar: Case and Legislative Update.  This webinar is open to public defenders and private attorneys who are interested in or currently practicing indigent defense work and will cover recent criminal law decisions from the N.C. Appellate Court and N.C. Supreme Court.  The training will be held from 1:30 p.m. to 3 p.m. on Friday, Dec. 8, and will reward participants with 1.5 hours of general CLE credit.  There is a registration fee of $75 for privately assigned counsel, contract attorneys and other non-IDS employees.  Registration ends on Dec. 6 at 5 p.m.  To register and find more info on presenters and topics included in this event, please visit the School of Government’s page.

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Stretched and Fading Deadlines

The Center for Death Penalty Litigation in Durham has extended its deadline for applications for a new staff attorney.  The closing date for this position will now be November 13.  You can view the full details about this position and how to apply here.

Applications for the North Carolina Judicial Fellowship’s two-year fellowships (six openings) beginning in August 2018 will close today at 5 p.m.  If you want to get in a last-minute application, feel free to check their website and submit it fast!

And that is all for this week.  There will be more to come in the next few weeks, even in the holiday season, so continue to check back frequently.  Also, feel free to join the conversation on our social media pages and feel free to share, especially on the OJD Facebook page, if there is something you think is worth discussing in the juvenile defender community!

OJD Week in Review: Oct. 16-20

This week we’ve got a few new resources for you, a panel discussion, and a declaration from the governor’s office we had to include.

Quick Reminder

Firstly, we’d like to remind everyone of the approaching deadlines for a couple of job opportunities we’ve previously mentioned.  Applications for the NJDC Gault Fellowship are due Monday, Oct. 30.  Also, applications for North Carolina Judicial Fellowship‘s two associate counsel positions are due by 5 p.m. today, and applications for the six (6) two-year fellowships starting August 2018 will close on Nov. 3.  Hurry and spread the word or apply if you are interested!

The National Juvenile Justice Network has also posted an opening for a 2018 Fall internship.  The full details for this unpaid internship can be found here.

And moving on to this week’s news…

On last Friday, N.C. Governor Roy Cooper declared Oct. 15-21 “Juvenile Justice Week” (among other things).  In his proclamation (which can be read here), Governor Cooper acknowledges the milestones achieved by the Juvenile Justice Section of the Division of Adult Corrections and Juvenile Justice, including the decline of the juvenile crime rate and passing of Raise the Age.

AtlanticOn Tuesday, Juvenile Defender Eric Zogry joined Ricky Watson, Jr., co-director of the Youth Justice Project, and District Court Judge Louis Trosch, Jr., co-chair of Race Matters of Juvenile Justice and judge for the 26th judicial circuit, on a live panel with The Atlantic‘s Assistant Editor (now to promoted Managing Editor as of this post) Adrienne Green to discuss juvenile justice reform and racial disparities.  In the video, the panel touches on school-justice partnerships, acknowledging implicit biases, and expectations for Raise the Age.  You can view the video here.

From the On the Civil Side blog, Professor LaToya Powell offers some insights on capacity.  In the latest post, titled “Incapacity to Proceed and Juveniles“, Powell breaks down the requirements for a juvenile to be determined capable of proceeding.

The Sentencing Project has also released two new fact sheets, “Native Disparities in Youth Incarceration” and “Latino Disparities in Youth Incarceration“, which offer quick statistics on the disparities between juvenile placements of youth of these ethnic groups and their Caucasian peers.  These fact sheets can be paired with the “Black Disparities in Youth Incarceration” fact sheet released back in September.

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You should also check out the National Juvenile Justice Network’s latest newsletter when you find the time.  NJJN has several new articles, including one discussing Texas’ plans for juvenile justice reform, ways to participate in Youth Justice Action Month, and recognizing implicit bias, just to name a few.  The toolkit for changing harmful media narratives about youth of color that we mentioned last week can also be found in their newsletter.

That is all for this week, folks.  We hope that it has been a great Juvenile Justice Week for everyone.  If there is anything you would like to share about your experience during Youth Justice Action Month, please let the N.C. Juvenile Defender community know on Facebook or here on our blog!

OJD Week in Review: Oct. 2-6

This week we want to remind everyone of some upcoming events/deadlines, an update to a Court of Appeals decision and an old-but-new addition to our materials for defenders.

LeandroOn Oct. 13, from 9:30 to 1 p.m., the the UNC Center for Civil Rights and the UNC Education Law & Policy Society, Black Law Students Association, and National Lawyers Guild are sponsoring “Leandro at 20: Two Decades in Pursuit of a Sound Basic Education.”  This event commemorates the 20th anniversary of Leandro v. State.  Registration is free, but space is limited, so be sure to sign up now!

Also, a brief reminder to recent law school grads (Class of 2017 or 2018), that applications for the NJDC Gault Fellowship are due by Oct. 30.  You can find further details about this opportunity and how to apply in our previous post from last month.  njdc logo

The Wake Forest University School of Law has just announced that registration is now open for their upcoming symposium.  This event, titled “The New Law and Order: Working Toward Equitable Community-Centered Policing in North Carolina”, will be hosted by the WFU School of Law Criminal Justice Program, NCCRED, and the Wake Forest Journal of Law & Policy on Nov. 3, from 9 a.m. to 4:30 p.m.  Four hours of CLE credit will be offered for attending.  You can register on their website here, and for further info on the symposium please check here.

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We also need to thank Assistant Appellate Defender David Andrews for reminding us that the Court of Appeals vacated the adjudication in In re T.K. on Sept. 29.  Andrews writes: “The basis of the opinion was that the juvenile petition was defective because the court counselor did not sign the petition and check the box on the petition indicating that it had been approved for filing.

“After the Court of Appeals issued its opinion, the State filed a petition for discretionary review in the Supreme Court of North Carolina.  [Last Friday], the Supreme Court issued an order denying the petition, which means that the Court of Appeals opinion in In re T.K. stands and will remain undisturbed.  So . . . keep scrutinizing petitions to make sure that they are proper!”

We would also like to bring it to everyone’s attention that we have the materials from this year’s Juvenile Defender Conference now available on our website.  Apologies for not having it added sooner, and big thanks to Austine Long for notifying us.  If you need a refresher or if you just happened to miss the conference and would like to see what was covered, the electronic copy of the materials are now ready and waiting for you in the “School of Government” section under the “Materials for Defenders” tab.

Juvenile defenders and others are still encouraged to share if there is anything you wish to discuss on our blog or our new podcast!  We are expecting more updates for other events in the coming months and we will also have other activities to share from our office as well, so be sure to check back frequently!

OJD Week In Review: Sept. 25-29

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This week, OJD has produced its first-ever podcast and we are now on SoundCloud!  In the podcast, Eric Zogry and Kim Howes discuss the Saldierna case.  Please click here to listen to the eighteen-minute recording.  We want to offer a special thanks to the N.C. Administrative Office of the Courts’ media team for helping us to create this presentation.

We plan to create more podcasts in the future in addition to our regular blog, and we encourage everyone in the N.C. juvenile defender community to contact us if there is any topic you would care to discuss, by audio, video or print!

 

OJD Week In Review: September 18-22

To reduce the number of notifications hitting the inboxes of our subscribers, our office will be posting these weekly summaries of our activities and updates.  We hope that this new trend will be more convenient for everyone going forward!  This week we participated in a webinar, Professor LaToya Powell published a new entry about restitution in the On the Civil Side blog, and we’ve added a new page to our site!  Read on for more details.

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On Tuesday, N.C. Juvenile Defender Eric Zogry joined  Kirstin Cornnell, director of operations at the Delaware Center for Justice, and Christina Gilbert, senior staff attorney and policy counsel at the National Juvenile Defender Center, for the National Juvenile Justice Network’s Access to Counsel webinar.  During the one-hour webinar, the three presenters each spoke briefly about children’s rights to counsel and discussed efforts in the country to improve the juvenile justice system where needed.

On Wednesday, Professor LaToya Powell published a new entry on the UNC School of Government’s On the Civil Side blog, titled “Ordering Restitution In A Juvenile Delinquency Case”.  In her new post, Powell explains the requirements for a juvenile disposition order to require the payment of restitution.  You can read her full blog post here.

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Our office has also updated the site to include a new “Reports/References” page.  On this new page, we will be compiling statistical data/ reports and other reference materials for defenders, including the N.C. Department of Public Safety’s 2016 Juvenile Justice Annual Report.  This report touches briefly on Raise the Age, shares statistics on youth committed to youth development centers versus detention facilities, common mental health issues faced by juveniles, and the ratios of youth in the system based on gender, age, and ethnicity, among other things.  You can find the newest page located under the “Materials for Defenders” tab on the main page of this site.

And… that is the wrap-up for this week!  If you have any suggestions or questions about what we may have mentioned above or may not have mentioned, please contact us and let us know!