Week in Review: Feb 1-5

Happy Friday Readers! February is the shortest month in our calendar but what some like to call, “the real start to the new year, January is a test run.” February also brings Black History Month and we have some great shares coming your way this month, so keep an eye out on our socials!

ANNOUCEMENT

In a a week or two, OJD will be undergoing a bit of a makeover. Our website is getting a whole new look and feel to better fit the needs of a growing and changing audience. Please bear with us during that time and if you need anything, feel free to email or call and we will make sure you get your motions, forms, and tips. Thanks!

Tip of the Week

Transcript of Admission Tips 

Filling out a transcript of admission on any admission of a new offense is important for several reasons.  It memorializes the record of admission in writing if subject to an appeal.  Reviewing the transcript with your client helps your client better understand the admission and the rights s/he is asserting or waiving.  Make sure you complete the transcript with your client present and do so in a confidential space. Consider making a copy of the transcript to keep at the attorney table to help your client answer questions.  Stand with your client when the court asks your client the listed questions and be prepared to confer with your client if any issues arise.

Resources

Don’t forget about our guest blogs that have been posted recently. They contain some very important information alongside some extra tips to make our Defenders even better than they already are!

The Kitchen Sink: Written by David Andrews on challenging automatic transfers.

Yasi: Written by Kim Howes and discusses the new Youth Assessment tool and issues to be aware of.

Black History Month – Did You Know?

Juvenile girls, ages 14-17 held in detention. Source: Biography.com

As Defenders and Juvenile Justice advocates, we know that the voice of children can challenge and change the way we think and increase our desire to make the world a better place for them. This is not a new way of thinking and is evident throughout history and here is just one of many stories below:

On May 2, 1963 in Birmingham, Alabama is known as the Children’s Crusade or most notably called, “The Birmingham’s Children’s Crusade.” This was a series of non-violent demonstrations held by children aging from 5-17 and a result of the incarceration of Martin Luther King, Jr and his “Letter’s from a Birmingham Jail” among others detained during civil rights movements in Alabama. The Southern Christian Leadership Conference and Alabama Christian Movement for Human Rights believed that if officers saw young children present, and trained them in non-violent tactics, but that was not the case. 100s of young children were arrested and detained and on the second day, the Commissioner of Public Safety ordered pepper spray to be used on the children, also hitting them with batons and threatening them with police dogs. Under the threat of harm, these children continued to protest the business segregation in Birmingham and lack of civil human rights they were receiving. By May 10, after national visibility and frustration, Birmingham city leaders agreed to desegregate businesses and free all the jailed children and adults from the demonstrations. In response to the Children’s Crusade, Dr. King said. “Even though we realized that involving teenagers and high-school students would bring down upon us a heavy fire of criticism, we felt that we needed this dramatic new dimension…Our fight, if won, would benefit people of all ages. But most of all we were inspired with a desire to give to our young a true sense of their own stake in freedom and justice. We believed they would have the courage to respond to our call.”

To read more about this historic event, please click here.

THANKS FOR READING!

HAVE A GREAT, SAFE, FUN, AND COZY WEEKEND!

Your 2020 Year in Review

We have reached the Year in Review portion of our weekly reviews! How did we get here so fast?! While this year has been the most challenging, between Zoom & WebEx, crashing technology and “Can you hear me?” ten times a day, everyone has worked so hard to keep our support of #JuvenileJustice strong. So true to tradition we have put together a culmination of what OJD has done throughout the year and it feels like so much :D.

With the tremulous year of 2020 ending, The Office of the Juvenile Defender (OJD) would like to recap how the year unfolded through it all. We’ll review how OJD hired a new Assistant Juvenile Defender, hosted new trainings, managed the first year of Raise the Age (RTA), and produced several materials as required for the second year of the federal OJJDP grant. OJD has worked throughout the year to keep our defenders informed and supported, while working on new ways to serve the state, such as our Regionalization plan.

Activities and Initiatives Since COVID-19 

Since the beginning of the pandemic, OJD has held weekly check-ins to speak about current projects, ways to engage in the community without physical contact, and how to support defenders in the best way through the various projects listed in this report. OJD has been reaching out to defenders in the field, offering support and resources and gathering information to relay to the defender community.  Additionally, we have communicated with other court actors, especially juvenile justice administration, to stay updated with ongoing changes in policies and procedures. We began work on additional pocket guides like the RTA guide released in December. Each guide will highlight a specific area of juvenile delinquency law and provide defender strategies, such as secure custody and adjudication. We also began developing remote training capabilities and plan to pilot trainings during the court closure. Each one of these activities and initiatives will be discussed further below along with updates from the initiatives from 2019.

Raise the Age

              While RTA implementation has been slowed by the impact of COVID on the courts, OJD has been steadily reacting to the impact of the new law: 

  • General consulting on trial and appellate issues 
  • Focusing on specific issues, including indictment procedure and the intersection of bonds with youth in detention 
  • Challenging the “automatic” transfer provisions through motions practice 
  • Working with IDS General Counsel on the development of a comprehensive chart on the appointment/payment/recoupment of attorneys representing transferred juveniles 
  • Participation on the Juvenile Jurisdiction Advisory Committee, with a focus on discussing ongoing conforming changes to the law, as well as the minimum age of juvenile jurisdiction in NC (it is currently 6, the lowest stated age in the U.S.) 

Take a break, settle in and get comfy, and read our 2020 Year in Review here.

Week in Review: Sept 28-Oct 2

New month, same Week in Review. Happy Friday readers! We have a brand new tip for you today, an important Fee App memo and then it’s off to the races! Enjoy!

Important Fee App Information

There has been an increase in fee apps that have had errors in filing and causing delay in payment. We have gathered some information and created a memo to both Public Defenders and PAC to ensure accurate and timely filing for your fee apps, including which forms to file per your title and what to double check. Please see this memo for further instructions and feel free to download and print for your reference.

Tip of the Week

Venue – by Assistant Juvenile Defender, Terri Johnson

7B-1800 provides that adjudication shall take place in the county where the offense was alleged to have occurred.  If the juvenile is in residential treatment or foster care in that district, disposition shall occur there as well unless the court finds that transfer would “serve the ends of justice or is in the best interests of the juvenile.” 

Subsection (b) provides that the court may transfer disposition to the juvenile’s county of residence.  If the Court does not transfer disposition, it must notify the chief district court judge in the district where the juvenile resides and shall transfer the matter if the chief district court judge requests it.  If the court does not exercise its discretion to transfer a matter to the juvenile’s county of residence under 7B-1800(b)(1) or (b)(2), the court shall advise the juvenile of his/her right to transfer under 7B-1803(b)(3)If the juvenile requests transfer to his/her county of residence, the court shall transfer the matter to district where the juvenile resides for disposition.

Defenders should be aware of 7B-1800 and utilize venue where appropriate for both adjudication and disposition.  Utilize motions to dismiss for improper venue prior to or during adjudication hearings.  Additionally, the statute may be utilized for disposition to benefit a juvenile.  Remember different counties may have different policies and transfer or retention of disposition should be considered by counsel carefully.

Counsel with cases where venue may be an issue may contact OJD for assistance connecting with attorneys in other counties to collaborate on those matters.

SAVE THE DATE!

Our October CLE will be October 29, 2020 from 2:30-3:30. The topic is Probation Violations & Post Supervision and will be presented by Mary Stansell, Juvenile Chief, Wake County Public Defender Office. Be on the look out for your official registration link. As always, this CLE will be free to the first 35 registrants. CLE is currently pending. Hope to see you there!

And lastly…

THANK YOU TO EVERYONE WHO ATTENDED OUR SEPTEMBER CLE “DEFENDING CHILDREN FROM ICE”!

We hope to see you face to face soon with trainings and CLEs and appreciate your constant support and registration every month!

Week in Review: August 3-7

Happy Friday Readers! As the meme above says, another good week done! Thank you for all that you do in these times with our youth and in your daily lives. We know things are a bit crazy and harder than normal for everyone. You rock!

TIP OF THE WEEK

Transcript of Admission Tips 

Filling out a transcript of admission on any admission of a new offense is important for several reasons.  It memorializes the record of admission in writing if subject to an appeal.  Reviewing the transcript with your client helps your client better understand the admission and the rights s/he is asserting or waiving.  Make sure you complete the transcript with your client present and do so in a confidential space. Consider making a copy of the transcript to keep at the attorney table to help your client answer questions.  Stand with your client when the court asks your client the listed questions and be prepared to confer with your client if any issues arise.

Webinar?

Continuing with our collaboration with the School of Law at NCCU and the Virtual Justice Project, Part II of our Covid-19: The State of Our Mental Health webinar will be Thursday, August 13 from 6:00 PM to 7:30 PM. This is not a CLE.

Our guest speakers are Nikki Croteau-Johnson, MA, LP, HSP-PA from the NC Child Treatment Program in Durham, NC and Dorothy Hairston-Mitchell, Clinical Associate Professor and Supervising Attorney of the Juvenile Law Clinic at NCCU, and Jesse Edmonds, a Juvenile Court Counselor with NC DPS.

From discussions about the new school model, missing out on graduation to the shaking of their everyday lives, this webinar is intended on how to best adapt to our youth’s new path into growing up in a pandemic. Click here to register.

CLE REMINDER!

TODAY! from 3:00-4:00 PM. 

Jen Story, Tessa Hale, Mary Stansell are presenting a new CLE: Making the Connection- Education Advocacy and Juvenile Defense. 

Come to this session to learn the basics of special education laws and school-based intervention plans; how to issue-spot when students’ unaddressed needs in schools are exacerbating their behaviors; and how to incorporate this knowledge into your advocacy in a way that sets juveniles up for long-term success.  You can register for this CLE here and will be sent the meeting link information afterwards

This CLE is DEFENDER ONLY! OJD is covering CLE costs for the first 30 registrants and CLE is pending.

That’s all we have for this week!

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 June 29-July 2

Happy Holiday Weekend Readers! A short week for OJD but full of work and planning. No tip, but we have a few events coming up for you and that’ll close out this blog.

Webinars & CLE Opportunities

  • July 9, 2020 6:00-8:00 OJD along with Dorothy Hairston-Mitchell of the NCCU School of Law and The Virtual Justice Project, are hosting: The State of Our Mental Health Part I: Presented by Cindy Cottle, Ph.D., April Harris-Britt, Ph.D. and Brett Bowers, LCMHCS, LCAS, NCC, MAC. This is a NON-CLE activity but we hope that you join us for an important conversation led by amazing professionals. A link for registration and the web platform will be updated shortly. Please check your emails or back here.
  • July 24, 2020 at 3:00-4:00 PM. Interviewing and Counseling Youth: Presented by Dorothy Hairston-Mitchell, Clinical Assistant Professor & Supervising Attorney, Juvenile Law Clinic at NCCU.

This session will cover the best way to build rapport and trust with youth, especially during the current crisis. It will include important information you should obtain from your clients as well information you should explain to them. The speaker will discuss parent interaction and how to manage their expectations. This event is DEFENDER ONLY. 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.

  • Save the Date! August 7, 2020 from 3:00-4:00 PM. Jen Story, Tessa Hale, Mary Stansell are presenting a new CLE: Making the Connection- Education Advocacy and Juvenile Defense. More details and registration coming soon.

That’s all for us this week! Be safe and have fun!