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.

Week in Review: Jan 13-17

Happiest of Friday’s to you OJD readers! This week was full of meetings and trainings… AND INTERVIEWS! We narrowed down the candidates for the Assistant Juvenile Defender position and began the second round of interviews this week. We’re so excited to have a new attorney with us in the office, this is going to be a hard choice!

APPEALS TIP OF THE WEEK: Courtesy of David Andrews, Office of the Appellate Defender

  • When you appeal, do these things:
    • Make sure the juvenile has the right to appeal. Generally, the juvenile can appeal from a dispositional order.
    • Give proper and timely notice of appeal.
    • Prepare an appellate entries with all of the hearing dates and have the judge sign it on the day you give notice of appeal.
    • Ask the judge to stay the dispositional order.
    • If the dispositional order is not stayed and the order requires the juvenile to be placed in custody, argue that compelling reasons do not exist to keep the juvenile in custody during the appeal.
    • Make sure the clerk sends the recordings to the court reporter and the court file to the appellate attorney in a timely manner.

Public Defenders! Wonder what the rate is for your current cases? Click here for the IDS Rate Information & Calculators.

Upcoming Trainings:

Juvenile Defender Enhancement Training February 26, 2020 – Sponsored by the Office of the Juvenile Defender, this training will provide vital Juvenile Defense topics such as: Transfer Hearings, Raise the Age Advocacy and Addressing Trauma in Adolescents. We have guest speakers and are covering the CLE cost & reporting 6 CLE training hours.

Intensive Juvenile Defender Training, March 4-5, 2020 – Brought to you by the UNC School of Government. The training will offer approximately 12.75 hours of CLE credit, which includes one hour of ethics. The tentative agenda is posted on the course page. Final session times may vary depending on the schedules of the instructors. Click the link for more information!

JOB OPENINGS

Center for Death Penalty Litigation (CDPL)

The Center for Death Penalty Litigation (CDPL) in Durham, North Carolina has two openings for staff attorneys.

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 committed to diversity and racial equity and is an equal opportunity employer. 

For details about the positions and how to apply, please click here.

UNC School of Government

The UNC School of Government seeks a tenure-track assistant professor who will specialize in the field of criminal law. This position will be responsible for educating judicial officials on North Carolina criminal law. Click here for the announcement.

Disability Rights North Carolina (DRNC)

Disability Rights North Carolina (DRNC) is seeking a Staff Attorney for their Education Team with a Juvenile Justice and Race Equity Focus. The Staff Attorney will work to ensure equity in the education and criminal justice systems; represent students in special education, and school discrimination matters, including youth in juvenile detention facilities; train attorneys, advocates and other stakeholders; and participate in policy initiatives related to the school-to-prison pipeline.

Send a resume and detailed letter of interest explaining your qualifications and interest in the position to: virginia.fogg@disabilityrightsnc.org. Include Staff Attorney – Education in the subject line of the email. No phone calls please.

Wow! That was a LOT of information. If you have any questions please feel free to contact the office and we can help! See you next week!

Week in Review: Dec 16-20

Happy Friday Readers! We’re back with another Week in Review and a great Raise the Age Tip for you. The office has been buzzing with questions regarding procedure and changes due to RTA. What are some things you’ve run into since its implementation? Share with us in the comments.

RAISE THE AGE TIP OF THE WEEK!

Where Is My Client Being Held?

All juveniles under the 18 shall be held in a juvenile detention center or in a facility approved by the Juvenile Justice Section of the Division of Adult Corrections and Juvenile Justice.  This also includes juveniles who have been transferred to superior court.  If a juvenile has been transferred to superior court and turns 18 while awaiting competition of the case, the juvenile is to be held in the custody of the sheriff where the charges arose.

Assistant Juvenile Defender Interviews

OJD has started the very hard processing of interviewing for our new Assistant Juvenile Defender. They’ll be positioned in the Western part of NC and will be working to establish a focal resource point for all things juvenile delinquency, community building and training. Can you tell we’re going to have a hard time choosing just one? Everyone is already amazing.

If you haven’t seen it already, take a look at Eric’s Holiday Video.

With less than a week away from Christmas, we hope you have all your shopping out the way. If not, be safe and grab a hot chocolate or two. Stay warm!