OJD Week in Review: 09/16-09/20

This week has been an exciting time for OJD. Not ONLY was there training in Gaston County BUT OJD welcomed two employees into the office (who also trained in Gaston!). Keep reading for all the news.

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.

CASE NOTES

There were two new published opinions last month, one from the NC Supreme Court and the other from the Court of Appeals. In the Matter of T.T.E., decided by the Supreme Court, the Court reversed the Court of Appeals decision vacating the juvenile’s adjudication and disposition orders of disorderly conduct. Justice Earls wrote a lengthy dissent, which is worth reading.

In the Matter of J.B., the Court of Appeals, in a divided opinion, reversed the trial court’s adjudication and disposition orders for second degree sexual exploitation of a minor, first degree forcible sexual offense, and an attempted larceny admission. The Court also addressed the juvenile’s right to confrontation, the commitment of the juvenile to YDC, and confinement pending appeal. You can find the summary for In the Matter of T.T.E. here, and In the Matter of J.B. here.

Gaston County Training

Tuesday, September 17 OJD visited Gastonia, NC and provided essential training to defenders and legal teams regarding Raise the Age and Juvenile Defense Basics. Our Assistant Juvenile Defender Kim led Juvenile Basics while our NEW Project Attorney tackled all the information for Raise the Age.

Missed this CLE? Contact our office if you’re interested in attending or scheduling training for your county.

New Employees

Meet OJD’s new Project Attorney, Austine Long. Here’s a bit about her:

Before coming to join our office, she worked as a Program Attorney for at the UNC School of Government where she designed trainings for public defenders and private attorneys appointed to represent indigent clients. She also previously worked as the drug court coordinator for the Montgomery County Circuit Court Adult and Juvenile Drug Courts in Maryland. She has served as a project director at the National Association of Drug Court Professionals (NADCP) and an assistant public defender for the 14th Judicial District in Durham, NC, where she handled only juvenile cases. For seven years prior to that, she was in private practice focusing on juvenile, family, and criminal law.

*Extra: Austine’s previous position is now seeking applicants. For more information visit: https://unc.peopleadmin.com/postings/168727

Meet OJD’s new Communications & Office Manager, LaTobia Avent. Here’s a bit about her:

Before taking her position with OJD, LaTobia worked in the private sector for 7 years at AT&T Mobility as a Supervisor. She graduated from Southern New Hampshire University with her Masters in Communications in 2019 and prior to that, she attended North Carolina A&T where she received her bachelors in English in 2011. She loves social media and connecting with the world, which is her goal with OJD, connecting defenders to vital information. Through her gained communication skills at AT&T and using her passion of social media, advocacy and all things human connection, she hopes to extend OJD’s reach to attorneys and justice fighters alike. Follow OJD on Facebook for just how she does it: Search “NC Office of the Juvenile Defender”

Have a GREAT weekend and BE SAFE!

OJD Week in Review: July 22 -26

This week there is a new tip and just the single training reminder.  Please make sure to subscribe to the OJD blog and follow our OJD Twitter and Facebook pages as well to get updates, relevant articles, and other juvenile defense-related content throughout the week. Have a wonderful week and remember knowledge is power!!

Tip of the Week

Relevant Ages in Juvenile Court (Other than Age of Jurisdiction)

While NC is poised to raise the age of juvenile jurisdiction, here are some other relevant ages in the Juvenile Code:

6 Earliest age (date of criminal act) one can be a delinquent juvenile or undisciplined juvenile.
10 Youngest age an alleged delinquent juvenile may be fingerprinted or photographed.
Youngest age a delinquent juvenile may be committed to a youth development center.
11 Youngest age a delinquent juvenile may be registered as a juvenile sex offender.
13 Youngest age an alleged delinquent juvenile may be transferred to superior court.
Under 16*

(as of 2015)

Age at which an alleged delinquent juvenile’s admission or confession must be excluded if the juvenile’s parent/guardian or attorney was not present during an in-custody interrogation.
16-18 Age at which an alleged delinquent juvenile must be notified of the right to have a parent or guardian present, as well as an attorney, before an admission or confession may be used against the juvenile.

Training 

Parent Attorney and Juvenile Defender conferences Registration end today at 5 PM

Registration is now open for the 2019 Parent Attorney and Juvenile Defender conferences.  The Parent Attorney Conference will be held Thursday, Aug. 8 and the Juvenile Defender Conference will be held Friday, Aug. 9, and both would begin at 8:30 a.m. each day.  Both conferences, cosponsored by the School of Government and the Office of Indigent Defense Services, will be held at the School of Government on the UNC-Chapel Hill campus, and offer approximately six hours of CLE credit.  The Parent Attorney Conference provides training for attorneys, who represent parents in abuse, neglect, dependency, and termination of parental rights proceedings.  The Juvenile Defender Conference provides training for attorneys who represent children in delinquency proceedings.  Please feel free to download the Juvenile Defender Conference agenda here and the Parent Attorney Conference agenda here.  If you have any questions, please contact Program Manager Kate Jennings, or if you have questions about the course content, please contact Program Attorney Austine Long.

Job Opportunity

The Council for Children’s Rights (CFCR) serves as the public defender for children in Mecklenburg County. Through a contract with the North Carolina Office of Indigent Defense Services, CDT attorneys represent all children charged with crimes in juvenile delinquency court. In addition to performing the public defender role in juvenile court, CDT represents every child who is facing civil commitment to a mental health hospital or residential treatment facility. As expressed-interest attorneys, CDT causes children’s voices to be heard in court and protects their constitutional and statutory rights.  CFCR is the only specialized juvenile defense agency in North Carolina.

CFCR is looking to hire a Director of the Children’s Defense team.  For more information, click here.

Articles

Registration of Juvenile Offenders

Recent publication and updates on “SORNA”  Sex  Offender Registration  Notification Act  In 2016, the Supplemental Guidelines for Juvenile Registration under the Sex Offender Registration and Notification Act were published in the Federal Register. However,  North Carolina has not yet  implemented this act. To learn  more about SORNA visit: www.smart.gov/caselaw/Case-Law-Update-2019-Compiled.pdf

Dual Jurisdiction Youth

UNC School of Government Professor Jacqui Greene, who co-authored a bulletin on “dual jurisdiction youth,” those youth in both the child welfare and delinquency courts, has written a follow up article on the intersection of dual jurisdiction youth and the upcoming RTA changes.

Legislation

Senate Bill 413, which includes recommendations from the Juvenile Jurisdiction Advisory Committee, passed the House and has passed in the Senate for concurrence.  It was presented to the governor for his signature on July 24th. Once the bill is final, we’ll be sure to get a breakdown on the OJD site and of course will be included in the upcoming training materials.

 

Job Opportunity – Council for Children’s Rights

The Council for Children’s Rights (CFCR) serves as the public defender for children in Mecklenburg County. Through a contract with the North Carolina Office of Indigent Defense Services, CDT attorneys represent all children charged with crimes in juvenile delinquency court. In addition to performing the public defender role in juvenile court, CDT represents every child who is facing civil commitment to a mental health hospital or residential treatment facility. As expressed-interest attorneys, CDT causes children’s voices to be heard in court and protects their constitutional and statutory rights.  CFCR is the only specialized juvenile defense agency in North Carolina.

CFCR is looking to hire a Director of the Children’s Defense team.  For more information, click here.

 

OJD Week in Review: July 15 – 19

This Week’s Blog Includes:

  • We’re Hiring!
  • Tip of the Week
  • Legislative Update
  • Still Time to Sign Up for the Annual Training!

Untitled

We’re hiring for a new Communications and Office Manager! Duties include responsible for defining and executing a social media strategy, including maintaining and updating the juvenile defender website, Twitter feed, Facebook page, and other social media; maintaining a list of juvenile defense counsel statewide including privately assigned counsel, contractors, public defenders, and clinics; identifying new juvenile defenders and create and update information packages for new defenders; assisting with the development of new technologies/platforms for providing legal education; providing general office support and management.

For a complete list of duties and details about the position, click here for the posting.

Tip of the Week – Searches Not on School Property

While an earlier tip referred to searches on school property as involving a lower standard, searches of juveniles not on school property are governed by a “reasonable juvenile standard.”  Specifically, In the matter of I.R.T., 184 N.C. App. 579, 647 S.E.2d 129 (2007) held that the age of a juvenile is a relevant factor in determining whether a reasonable person would feel free to leave upon being stopped by law enforcement.

Legislation

Senate Bill 413, which includes recommendations from the Juvenile Jurisdiction Advisory Committee, has passed the House and is being sent back to the Senate for concurrence.  It is on the Senate Calendar for Monday, July 22. Once the bill is final, we’ll be sure to get a breakdown on the OJD site and of course will be included in the upcoming training materials.  The budget bill with RTA funding was passed and then vetoed by the governor.  Both the House and the Senate have proposed supplemental budget bills, with the House bill including some RTA funding, but there is currently no version agreed upon by both chambers.

Training

Registration is now open for the 2019 Parent Attorney and Juvenile Defender conferences.  The Parent Attorney Conference will be held Thursday, Aug. 8 and the Juvenile Defender Conference will be held Friday, Aug. 9, and both would begin at 8:30 a.m. each day.  Both conferences, cosponsored by the School of Government and the Office of Indigent Defense Services, will be held at the School of Government on the UNC-Chapel Hill campus, and offer approximately six hours of CLE credit.  The Parent Attorney Conference provides training for attorneys, who represent parents in abuse, neglect, dependency, and termination of parental rights proceedings.  The Juvenile Defender Conference provides training for attorneys who represent children in delinquency proceedings.  Please feel free to download the Juvenile Defender Conference agenda here and the Parent Attorney Conference agenda here.  If you have any questions, please contact Program Manager Kate Jennings, or if you have questions about the course content, please contact Program Attorney Austine Long.

Thank You Marcus! And – We’re Hiring!

Marcus Thompson

Last week, our Communications and Office Manager, Marcus Thompson, left OJD for a new opportunity.  Marcus was instrumental in creating from the ground up how OJD gets information out to defenders and stakeholders, and in a little less than three years transformed how we interact with the world.  Thank you so much Marcus, and we wish you the best in your new adventure!

With that, we’re hiring for a new Communications and Office Manager! Duties include responsible for defining and executing a social media strategy, including maintaining and updating the juvenile defender website, Twitter feed, Facebook page, and other social media; maintaining a list of juvenile defense counsel statewide including privately assigned counsel, contractors, public defenders, and clinics; identifying new juvenile defenders and create and update information packages for new defenders; assisting with the development of new technologies/platforms for providing legal education; providing general office support and management.

For a complete list of duties and details about the position, click here for the posting.

OJD Week in Review: June 24 – 28

Happy Friday!  This week there is one new job opportunity, a new tip and an update to our “Materials for Defenders” page.  And we’d like to remind everyone once more that TuesdayJuly 2, will be the deadline to apply to become an N.C. State Bar-certified juvenile defender!  If you are interested, please visit the N.C. State Bar Legal Specialization page.  We want to grow the N.C. juvenile defender community!

juvdelcriminallaw

Tip of the Week – Probable Cause Hearings

Procedures for a probable cause hearing in juvenile court are similar to those in adult court.  However, N.C.G.S. §7B-2202(c) mandates that the State shall show probable cause “by non-hearsay evidence or evidence that satisfies an exception to the hearsay rule.”  The State must present actual witnesses at the hearing in order to demonstrate each element of the felony offense.  Reiteration by law enforcement of third-party testimony acquired during the investigation does not satisfy this requirement.  There are exceptions for some reports and evidence regarding value, ownership, possession but remember that those exceptions do not apply at the adjudicatory hearing.

Forms and Motions Update

Earlier this week, we updated our Trial Motions and Forms Index to include a few useful documents from the Office of the Appellate Defender.  There is one new form, and several new entries on the list of motions, but the newest entries can be found at the top of each list.  These new additions include a new handout for juvenile specific jury instructions and a handout for extending Miller and Roper to 18- to 25-year-olds. There are also motions to prevent the State from seeking life without parole or the death penalty in cases where clients are prosecuted as adults for crimes committed in their youth, a motion for discretionary transfer hearing, and a motion to prevent the State from pursuing a felony murder conviction.  Please check out our Trial Motions and Forms Index here or explore the Office of the Appellate Defender‘s page.

Job and Fellowship Opportunities

The Department of Public Safety is currently seeking a court counselor for District 22, to primarily serve in Iredell County.  The ideal candidate will have knowledge of adolescent behavior and the dynamics of juvenile delinquency and the ability to make sound decisions, analyze facts and opinions objectively and impartially, and communicate and consult effectively with others.  Preferred candidates will have a Bachelor’s or Master’s degree in the human services field with at least one to two years of experience working with the juvenile/family client population or have related human service case management experience.  The deadline to apply is Sunday, July 7.  To apply for this position, please go here.

Utah Juvenile Defender Attorneys (UJDA) is seeking applicants for an attorney to join their delinquency defense practice to assist in the representation of young people charged with delinquent offenses resulting in involvement in the juvenile justice system.  UJDA is a small firm whose attorneys collectively have more than 80 years of experience handling juvenile delinquency cases.  This is an excellent opportunity to join a sophisticated nationally recognized delinquency defense firm and work in a dynamic, expanding, and team-oriented atmosphere.  Qualified candidates should have general knowledge of delinquency law and/or criminal law with excellent written and oral communication.  They should also have working knowledge of advocacy techniques, principles of law and their applications, and criminal trial procedures and the rules of evidence.  Qualified candidates should be good standing members of the Utah State Bar.  UJDA values the strength of having a diverse and inclusive work environment, and strongly believes that everyone should feel welcomed and part of our community.  The application deadline is Friday, July 5, 2019.  Applications will be reviewed upon receipt, and the position is open until filled.  For more information about the position or the application process, please see details here or contact Monica Diaz by email.

Training

Registration is now open for the 2019 Parent Attorney and Juvenile Defender conferences.  The Parent Attorney Conference will be held Thursday, Aug. 8 and the Juvenile Defender Conference will be held Friday, Aug. 9, and both would begin at 8:30 a.m. each day.  Both conferences, cosponsored by the School of Government and the Office of Indigent Defense Services, will be held at the School of Government on the UNC-Chapel Hill campus, and offer approximately six hours of CLE credit.  The Parent Attorney Conference provides training for attorneys, who represent parents in abuse, neglect, dependency, and termination of parental rights proceedings.  The Juvenile Defender Conference provides training for attorneys who represent children in delinquency proceedings.  Please feel free to download the Juvenile Defender Conference agenda here and the Parent Attorney Conference agenda here.  If you have any questions, please contact Program Manager Kate Jennings, or if you have questions about the course content, please contact Program Attorney Austine Long.

i-love-training-trainings-my-favorite

That ends this Week in Review.  Please make sure to subscribe to the OJD blog and follow our OJD Twitter and Facebook pages as well to get updates, relevant articles, and other juvenile defense-related content throughout the week!