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.

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!

Week in Review: Dec 9-13

Happy Friday Readers! It’s been a quiet week for OJD as we prepare to interview our potential new Assistant Juvenile Defender! So many great candidates, this is going to be so tough! Good luck to everyone!

Defenders,

We have a new template motion available for you to use for your 16 & 17 year old clients who are in secure custody for an A-G felony petition. The motion may be used when requesting a secure custody hearing prior to the original 30 day review. You can find the motion here.

RAISE THE AGE TIP OF THE WEEK:

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.

Useful Resource Reminder:

Juvenile Justice Service Directory: A directory of services to aid in alternative solutions.

Enjoy your weekend!!!