Week in Review: Feb 15-19

Happy Friday Readers! We finally made it to the weekend, how good does it feel? Not to keep you waiting, let’s get right to it.

Tip of the Week – Before You Plea

Talk to your client about the impacts of an adjudication.  While not as public as adult criminal convictions, juvenile adjudications may impact the following: immigration status, educational placement, housing conditions, eligibility to play sports, placement on a sex offender registry (in N.C. or other states) and others.  Always consider the long-term consequences of what may first appear to be a short-term decision.

FROM IDSIMPORTANT

The Commission on Indigent Defense Services recently approved a modest, but much-needed, partial restoration of rates paid to private counsel providing representation in some case types. Specifically, the Commission voted to raise by $5 an hour the rate for high-level felonies, with a corresponding increase in non-hourly representation for adult criminal and juvenile delinquency proceedings. The Commission also voted to raise by $5 an hour the rate for DWI and Class A1 misdemeanors disposed of in the district court, with a corresponding increase in non-hourly representation. The increases approved by the Commission will take effect on March 1, 2021. Please click here to read the notice from Darrin Jordan, the Commission Chair, and IDS Executive Director, Mary Pollard. Also, if you have any questions, please reach out to Whitney Fairbanks via email.

Have you seen our #BlackHistoryMonth Spotlights?

Dorothy Hairston-Mitchell & Sharif Deveaux

This week we showcased two great attorneys and their work within the juvenile defense community. First up was Dorothy Hairston-Mitchell on Tuesday and then Sharif Deveaux on Thursday on our Twitter and FaceBook pages. To catch up on their spotlights: Click here for Dorothy & Click here for Sharif.

OJD CLE NEXT WEEK!

Wednesday, February 24, 2021 at 2:30 PM, OJD is hosting “Representing LGBT Youth”. This CLE will be presented by Ames Simmons, the Policy Director for Equality NC. This program will be a 90 minute CLE, with application pending and FREE TO THE FIRST 35 REGISTRANTS. This webinar includes a general review of introductory concepts and terminology related to LGBTQ identities, including the importance of pronouns to professionalism. We will discuss gender-expansive youth and the processes of gender transition for young people. We will talk about LGBTQ youth in out-of-home custody and present best practices for advocating for LGBTQ young people in the juvenile legal system. CLICK HERE TO REGISTER.

Got Some Extra Time This Weekend?

Kids Behind Bars: Life or Parole is a 2020 show that premiered on A&E and covers the individuals stories of youth sentenced to Life without Parole who are now seeking resentencing due to changes in law throughout their imprisoned life and new evidence. This show is not indicative of strategy or pertinent information of NC law and statute, this is shared simply for additional information on how changes in LWOP have affected juvenile justice. To watch and learn more, click here.

Week in Review: Nov 30 – Dec 4

Happy December Readers! Can you honestly believe we are in DECEMBER already? With everything we have collectively experienced in 2020, raise your hand if you’re ready for a new year! So let’s start our countdown together, shall we?

LET’S CELEBRATE ONE YEAR OF RAISE THE AGE!

It’s officially been 1 year (and 3 days to be exact) since Raise the Age went into effect. One year of some legal shaking in the courtroom, 1 year of 16 and 17 year old’s who commit crimes (with exceptions) being treated as youth and not adults, in the eyes of the law. How has RTA affected your stance in the courtroom? Has it been more difficult, challenging or a breeze? We want to hear from you!

Tip of the Week – RTA Edition

What Is the Process for Indictment?

Once a petition is filed against a juvenile, the prosecutor may submit the petition to a grand jury for indictment.  Unlike in adult criminal court where the prosecutor submits a bill of information prior to charges being filed, in juvenile court the grand jury process starts after the formal charging process (petition filed) begins.  If an indictment is handed down against the juvenile and the juvenile is given notice, the juvenile court must transfer the case to superior court.

JOB POSTING!

The Council for Children’s Rights in Charlotte / Mecklenburg County. They are seeking to hire a full-time Juvenile Defense Attorney to join its Children’s Defense Team.  The Juvenile Defense Attorney will represent children in delinquency and civil commitment matters in Mecklenburg County Juvenile Court.  To apply, please submit a cover letter and resume by December 7, 2020. 

A direct link to this job posting and to apply can be found by clicking here.  Please feel free to share this on your social media and with your colleagues. We have also posted this on our Twitter (@NCOJD) and our FaceBook (@NCOJD) for easy re-sharing.

Week in Review: Nov 9-13

Happy Friday Readers! While it’s been rainy this week for North Carolina, we hope wherever you’re reading this from, your week has been great and you continued to champion for Juvenile Justice. It’s a short and sweet blog today, just enough to get you headed to your weekend!

Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender

To preserve issues for appeal, object to any evidence that you suspect is inadmissible. Make sure you provide specific grounds for your objections and constitutionalize your objections. Lastly, get a ruling.  If you don’t get a ruling, the argument might be waived on appeal.

Job Announcement!

IDS is seeking a new Contracts Administrator based in Durham, NC. The Contracts Administrator would enter into and administer contracts with individual attorneys, law firms, and non-profits for indigent representation throughout North Carolina, primarily through a Request for Proposals (RFP) process.  This is a data and systems driven position.

Do you have knowledge of:management and maintenance of a database system to monitor contract performance and to generate reports; and policies related to issuing and evaluating RFPs and individually negotiated contracts in a government setting? Want to know more about this job posting? Maybe you’re looking for a change of pace? Well, click here to learn more and apply today! This posting closes 11/17.

Add Us on Social Media!

Twitter: @NCOJD

Facebook: North Carolina Office of the Juvenile Defender

More to come soon!

Job Opportunity!

The Center for Death Penalty Litigation (CDPL) in Durham, North Carolina seeks to hire a new staff attorney to support its mission.

CDPL is a non-profit law firm and advocacy organization that works to provide the highest quality representation to people facing execution, and to end the death penalty in North Carolina. CDPL is seeking to hire an attorney with at least two years of relevant experience interested in working on post-conviction cases and, if desired, trial cases.

Applicants should send a cover letter by August 31, 2020, detailing interest, as well as a resume, the names of two professional references, and a writing sample of approximately 10 pages to Ms. Barrie Wallace at barrie@cdpl.org. For additional information, please contact Barrie Wallace at barrie@cdpl.org.

Please click here for more information and a list of responsibilities for this position.

Week in Review: June 22-26

Another week down Readers! How are you feeling? Ready to get off, grab some ice cold lemonade and enjoy some front porch action? Us too, so let’s get down to business.

TIP OF THE WEEK!

District court is generally not a court of record, however juvenile delinquency court is a court of record.  That means that you are creating a record for use on appeal if that becomes necessary at the conclusion of your case.  In addition to making sure you preserve the record for appeal (more on that later), you may want to consider requesting an audio recording of a proceeding for other reasons.  For example, if you have a probable cause hearing, you may want to request the audio recording (and possibly have it transcribed) for use in the subsequent adjudicatory hearing.  The AOC form to request the audio recording of your hearing is AOC-G-115.

Webinars & Resources!

The North Carolina Commission on Racial and Ethnic Disparities in the Criminal Justice System is hosting a webinar, Policing & Racial Justice: Where Do We Go From Here?, June 29 at 12:00 PM.

Topics include: police brutality, qualified immunity, the “defund the police” debate, and racial justice in the wake of the murders of George Floyd, Breonna Taylor and others. Presenters include: Frank Baumgartner, Kami Chavis, Cerelyn “C.J.” Davis and Greear Webb. See more information and register here.

As we close out our LGBTQ+ Pride Week, we wanted to share some important resources:

LGBTQ Cultural Competency Links –

Please read more about Pride Week and the historic Stonewall Riots written by Anthony Benedetti, Chief Counsel, Committee for Public Counsel Services in Boston, MA.

Job Seeking Anyone?

  • NCPLS is searching for a new Executive Director. Applications will be accepted until June 30th. NCPLS is a 501(c)(3) non-profit law firm that provides people incarcerated by the North Carolina Division of Adult Correction with constitutionally required meaningful access to the courts. The Executive Director has primary responsibility for managing the organization’s day-to-day operations, directing the work of the staff, and serving as the primary spokesperson for the organization. Click here for description and application!
  • Strategies for Youth (SFY), a national nonprofit organization committed to improving police/youth interactions and reducing disproportionate minority contact, is seeking a new staff attorney. They are considering remote candidates. Please read more about this amazing opportunity here.

Alright Readers! That’s all for this week. We hope you have a great weekend and we will see you on our Twitter (@NCOJD) and Facebook (North Carolina Office of the Juvenile Defender) on Monday!!

Week in Review: Apr 27 – May 1

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

TIP OF THE WEEK

Secure Custody

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

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

JOB OPPORTUNITY

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

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

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

RESOURCES

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

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

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

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

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

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

HOPE THE START OF YOUR MONTH AND WEEKEND ARE GREAT!

THANKS FOR READING! JOIN US NEXT FRIDAY!

Week in Review: Feb 10-14

Happy Valentine’s Day Readers! We hope this day reaches you with lots of joy and smiles.

Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender

Motions to Dismiss – Always make a motion to dismiss at the close of the State’s evidence and at the close of all the evidence. Failure to do so waives the argument on appeal. In re Rikard, 161 N.C. App. 150 (2003). Challenge each element of each offense and raise variance arguments as well. If possible, constitutionalize the argument under the due process clauses of the U.S. and N.C. constitutions.

Don’t Forget!

Today is the last day for registration for our Juvenile Enhancement Training on 02/26/2020. The link will be removed from all our platforms at 3PM today.

SOMETHING’S COMING!

Enjoy your Valentine’s Day weekend & we’ll see you next week!

Week in Review: Feb 3-7

Happy Friday readers! We hope this week was productive, exciting and successful!

Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender

Make constitutional arguments when available. If you anticipate making constitutional arguments, put the argument in a motion and get a ruling on it. “Constitutional issues not raised . . . at trial will not be considered for the first time on appeal.” State v. Gainey, 355 N.C. 73 (2002). If an unexpected issue arises and you cannot file a motion, constitutionalize your objection. Due Process is most likely an appropriate basis for your objection.

Upcoming Training!

February 14th will be the last day OJD accepts RSVP for our Juvenile Enhancement Training on February 26. Closing the RSVP will ensure we have printed enough materials for all guests and can account for some goodies we’ll have available! Make sure you RSVP now!

OJD Visits NCCU

It’s all about community building. The future lawyers at North Carolina Central University attended an Informational Career Fair and OJD was there to spark some interest in Juvenile Defense. LaTobia did a great job organizing the OJD table and speaking to the students about the importance of defending children, opportunities in policy or direct representation in juvenile defense and many other exciting things OJD has to offer for them. Thank you to NCCU for allowing us to come by and talk!

NEW JOB OPPORTUNITY!

The IDS Commission is seeking the next Executive Director for IDS and the position has been posted hereThe position closes February 18, 2020, and the Commission expects to conduct interviews March 26 or 27. 

This is an exciting opportunity for someone with a vision for public defense in North Carolina and an interest in working with great people to turn that vision into reality. 

If you want to learn more about North Carolina’s Indigent Defense Services and how you can be of great help to our community, visit the IDS Website.

Thanks for stopping by! Make sure you come back next week for another Week in Review!

Week in Review: Jan 27-31

We finally made it through January and it’s FRIDAY! OJD has been working on new, exciting trainings, consulting with our great Defenders, and being warriors in the courtroom. How has Raise the Age gone for you so far?

Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender

The Rules of Evidence apply at adjudication hearings (N.C. Gen. Stat. § 7B-2408). Use the Rules to keep evidence out and even if the evidence is admitted, you can preserve the argument by making a specific evidentiary objection. Common arguments include: Non-corroborative hearsay, 404(b) evidence, opinion on guilt, vouching for the victim’s credibility.

NEW JOB OPPORTUNITY!

The IDS Commission is seeking the next Executive Director for IDS and the position has been posted here. The position closes February 18, 2020, and the Commission expects to conduct interviews March 26 or 27. 

This is an exciting opportunity for someone with a vision for public defense in North Carolina and an interest in working with great people to turn that vision into reality. 

If you want to learn more about North Carolina’s Indigent Defense Services and how you can be of great help to our community, visit the IDS Website.

We have a celebrity in the office! Austine was quoted in the Daily Tarheel about Raise the Age! Want to read the article? Click here.

DON’T FORGET!

ENJOY SUPERBOWL WEEKEND!

NC IDS IS SEEKING THE NEXT EXECUTIVE DIRECTOR!

The IDS Commission is seeking the next Executive Director for IDS and the position has been posted here:  https://www.governmentjobs.com/careers/northcarolina/jobs/2686309/executive-director-indigent-defense-services

The position closes February 18, 2020, and the Commission expects to conduct interviews March 26 or 27. 

This is an exciting opportunity for someone with a vision for public defense in North Carolina and an interest in working with great people to turn that vision into reality. 

If you want to learn more about North Carolina’s Indigent Defense Services and how you can be of great help to our community, visit the IDS Website.