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!

Intensive Juvenile Defender Training, March 4-5, 2020

From the UNC School of Government:

We are excited to announce that the 2020 Intensive Juvenile Defender Training, cosponsored by the School of Government and the Office of Indigent Defense Services, will be held on March 4-5, 2020 at the UNC School of Government.

It is designed for attorneys representing juveniles in delinquency proceedings for less than two years or who have not practiced in this area for a period of time. The course will include, among other topics, sessions on detention advocacy, pre-adjudication investigation and discovery, juvenile capacity, suppression, dispositions, and the impact of the Raise the Age legislation.

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

PARTICIPANTS: The Intensive Juvenile Defender Training is open to public defenders and private attorneys who represent juveniles in delinquency proceedings or attorneys who want to practice in this area.

TIMES: Check-in will be on Wednesday, March 4, 2020 from 8:30 am, and the program will begin at 9:00 am. The program ends on Thursday March 5, 2020 at 5:00 pm.

REGISTRATION: To register online, as well as to find directions and other program information, please visit: https://www.sog.unc.edu/courses/intensive-juvenile-defender-training

The registration fee for private assigned counsel is $310. Thanks to support from IDS, there is no fee for IDS employees. Pre-registration is required and space is limited; the online registration deadline is 5:00pm on wednesday Feburary 26, 2020. There is no onsite registration.

HOTEL INFORMATION: A block of rooms has been set up at the newly renovated Holiday Inn Express Chapel Hill with a rate of $84.00 plus tax. The rate includes a full deluxe hot breakfast and Wi-Fi. To reserve a room online please click the link  Intensive Juvenile Defender    To reserve a room by phone call the hotel at 919-489-7555 and provide the name Group Code “I J D”. To receive the discounted rate reservations must be made no later than February 14, 2020.

TRAVEL REIMBURSEMENT – STATE EMPLOYEES ONLY: If you are an IDS employee, your eligibility for travel reimbursement at the state rate is contingent upon state rules and regulations. For all questions regarding travel reimbursement, please contact Elisa Wolper at 919-354-7243 or elisa.wolper@nccourts.org.

ADDITIONAL INFORMATION: We look forward to seeing you in March.  If you have any questions or would like additional information, please contact me, Kate Jennings – Program Manager – at jennings@sog.unc.edu or Professor John Rubin at rubin@sog.unc.edu.

2020 JTIP Summer Academy

The deadline for applications to the 2020 JTIP Summer Academy is fast approaching! Applications are due no later than January 12th, 2020, 11:59 PM EST.

*If you have already applied for the JTIP Summer Academy or you plan to submit an application, please contact Austine Long as soon as possible.

The National Juvenile Defender Center (NJDC) and Georgetown Law Juvenile Justice Initiative are excited be accepting applications for the 2020 Juvenile Training Immersion Program (JTIP) Summer Academy, which will be held in Washington, DC from May 31 – June 6, 2020.

The Summer Academy is intended for both new and experienced juvenile defenders. New defenders will develop the skills they need to zealously represent their clients. More experienced juvenile defenders will have the opportunity to refine their skills and enhance their effectiveness by employing defense strategies that incorporate the unique aspects of representing youth in delinquency cases. The program is also designed to build community and equip juvenile defenders with skills they can share with colleagues in their home state.

For more information on how to apply visit https://njdc.info/our-work/jtip/jtip-summer-academy/ or see the attached application.

  • Applications are to be submitted via email to lawjtipsummer@georgetown.edu, using the official PDF application. Please save your application with “First Name Last Name” as the file name.
  • The deadline for application submission is January 12th, 2020, 11:59 PM EST. Late applications will not be considered.

Apply today!

Week in Review: Oct 14-18

Happy Friday Readers! The office has been buzzing with activity as we gear up for #RaiseTheAgeNC. We have so many materials, resources, and activities planned to keep you informed, the pressure is on! Lots of information to give you so let’s start!

Defenders??????? Are you on the listserv? Contact LaTobia here to stay connected to your peers around the state for any and all things #JuvenileDefense

TIP OF THE WEEK 😀

Immigration Consultations 

Did you know that IDS has made immigration consultants available to all defenders who have been appointed indigent clients? That means all of your juvenile clients! This may be especially helpful to determine if your client may be eligible for some type of immigration relief since s/he is a juvenile. Simply go to the IDS website to access the form here. You may want to print out the printable version and put it in your case file to fill out when you meet your client and then upload the information when you get back to the office.

SO WHAT HAVE WE DONE ALL WEEK?

Austine visted Mecklenburg County and trained our defenders alongside Laura Anderson on #RaiseTheAgeNC and Juvenile Basics. We’re working on photos, it’s a mission of ours! Thanks Austine!!

Eric spoke at the GAL AA Conference this morning speaking on #RaiseTheAgeNC and had a very interactive and humorous crowd. Look at him in action!!

Speaking of TRAINING!!

Austine has another #RaiseTheAgeNC training upcoming in Chowan County with Brandon Belcher & Mary Stansell on 11/19/2019. Reach out to her here for more information or to RSVP!

THAT’S IT FOR THIS WEEK! THANK YOU FOR READING!!!

OJD Week in Review: June 17 – 21

Greetings and happy Friday!  This week there is a new tip, a case law update, and the normal reminders.  And because July 2 is rapidly approaching, please note there is still time 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!

Case Law Update

Back in January of this year, the Court of Appeals filed an opinion, In the Matter of E.M.  The decision on the case had been stayed pending the State’s petition for discretionary review, which was denied last Friday.  Please be advised that based on this new case law, when faced with any amount of evidence of mental health/developmental disabilities/substance abuse, the trial court has a statutory duty to refer a juvenile to the area mental health services director for a multidisciplinary evaluation.  To review the opinion, please check our Case Summaries List here.  This case can be found in section 15 – Dispositions: Sentencing.

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Tip of the Week – Was the Petition Properly Amended

The court may permit an amendment to the petition when it does not change the nature of the offense charged (N.C.G.S. §7B-2400).  When the amendment changes the nature of the offense, it is a jurisdictional issue that cannot be waived.  So, if you agree to admit to a charge that is not a lesser included offense, the prosecutor needs to dismiss the original petition and file a new petition with the agreed upon new offense.  This doesn’t have to be complicated and can happen in court.  Make sure the court counselor signs and approves the new petition for filing and then you can waive notice and proceed with the admission to the new agreed upon offense.

Job and Fellowship Opportunities

Today is your last chance to apply for the National Juvenile Justice Network (NJJN)‘s executive director position.  The executive director will be responsible for fundraising, strategic planning, communicating with board members, supervising staff, and ensuring that the organization adheres to its intersectional and anti-racist practices and principles in its internal operations.  To see the full job description, please go here.  To apply or if you have questions, please contact NJJN 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 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.

The deadline for online registration of the 2019 Defender Trial School is Tuesday, June 25.  This event, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, will be held Monday, July 8, through Friday, July 12, at the School of Government on the UNC-Chapel Hill campus.  Defender Trial School participants will use their own cases to develop a cohesive theory of defense at trial and apply that theory through all stages of trial, including voir dire, opening and closing arguments, and direct and cross-examination. The program will offer roughly 29 hours of general CLE credit.  The Defender Trial School is open to public defenders and a limited number of private attorneys who perform a significant amount of appointed work.  IDS has expanded the number of fellowships available to cover the registration fee, but please note there is a limited number of fellowships.  If you have any questions or would like additional information, please email Kate Jennings or Professor John Rubin or call 919-962-3287/919-962-2498.  To register, find a fellowship application, see the agenda, or find any other information, please check out the course page here.

TRAINING--DEVELOPMENT

That ends our end-of-week report.  Please make sure to subscribe to the OJD blog if you haven’t already and head over to our OJD Twitter and Facebook pages as well to get updates, relevant articles, and other juvenile defense-related content throughout the week!

OJD Week in Review: Mar. 25 – 29

The end of another week and another week in review at the close of March 2019!  This week we are bringing a new tip, a relevant blog post, and some reminders from the past weeks.  Please note upcoming deadlines!

Tip of the Week – School Searches

Was your client searched at school?  Was the SRO (school resource officer) involved?  The lower standard for school officials only applies if: the SRO was involved at the request of the school official; involvement was minimal relative to the school official; SRO did not initiate the investigation, and did not direct the school official’s actions (In re D.D., 146 N.C. App. 309 (2001)).  That means if the SRO is standing outside the door and the school official is consulting with the SRO regarding questioning your client – the SRO is directing the school official’s actions.  Consider filing a motion to suppress the results of the search!

From Around the Community

From the UNC School of Government’s On the Civil Side blog, Jacqui Greene has posted a new blog this week discussing the 2018 amendments to the Juvenile Justice and Delinquency Prevention Act.  In her post, Greene focuses on three specific changes regarding evidence-based and promising programs and practices, core requirements to address disproportionate minority contact, and requirements in identifying and treating mental health and substance abuse disorders.  Please take a moment to read this post here.

On teh Civil Side

Training

The Center for Juvenile Justice Reform (CJJR) is accepting applications for its Youth in Custody Certificate Program, to be held July 22 – 26 at Georgetown University in partnership with Council of Juvenile Correctional Administrators.  This training is designed to help juvenile justice system leaders and partners improve outcomes for youth in custodial settings, covering critical areas including racial and ethnic disparities, family engagement, assessment, case planning, facility-based education and treatment services, reentry planning and support, and culture change.  Please apply by April 12.

The North Carolina Bar Association (NCBA) Juvenile Justice & Children’s Rights, Education Law, Criminal Justice Sections, and Minorities in the Profession Committee are proud to present the Racial Equity Institute’s (REI) “Groundwater Presentation: An Introduction to Racial Equity”!  This free event will take place on May 9 from 1 to 4 p.m. at the Bar Center (8000 Weston Parkway).  More information and a link for registration will be available soon, but if you have any questions about the event, please contact Andi Bradford.  (Please note that while the event is free for everyone to attend, no more than 175 attendees will be permitted, so please register early!)

Save the Date!  The Southern Juvenile Defender Center will be hosting its 9th Annual Regional Summit on June 7th & 8th in New Orleans this year.  More details should arrive soon, but please contact Randee Waldman or Richard Pittman with questions.

Job and Fellowship Opportunity

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The National Juvenile Justice Network (NJJN)  is now accepting applications to the 2019 Youth Justice Leadership Institute!  The Institute is a year-long fellowship program focused on developing a strong base of well-prepared and well-equipped advocates and organizers who reflect the communities most affected by juvenile justice system practices and policies.  This program is geared towards individuals of color working as professionals in the juvenile justice field, who may also be young adults who are system survivors themselves, or family members of someone in the system.  Each year, 10 fellows from across the country are selected to develop their leadership and advocacy skills in the context of a robust curriculum around youth justice reform.  The fellowship is completed concurrently with fellows’ current employment, so fellows do not have to leave their jobs to participate in the Institute.  The fellowship includes two fully financed retreats, mentoring and frequent distance learning opportunities.  Interested in learning more about the Institute, or know someone who might be?  NJJN will be hosting its second and final informational webinar on ThursdayApril 4, led by the Institute’s coordinator, Diana Onley-Campbell.  To learn more or apply, find additional info here, or please register for one of the informational webinars here.  The deadline to apply for the fellowship will be 11:59 p.m. on April 29th.

The National Juvenile Defender Center is seeking a Mid-Level Staff Attorney with recent front-line juvenile defense experience to join our team.  The staff attorney will be responsible for conducting extensive legal research, analysis, and writing; will respond to requests for assistance from juvenile defense attorneys or stakeholders in the field; and may be called upon to provide training.  The staff attorney will work in partnership with our leadership team, staff, and community to advance NJDC’s mission and programs.  The position encompasses a diverse set of responsibilities, including: provide direct support and technical assistance to juvenile defense attorneys, policy advocates, and other juvenile court stakeholders working to improve access to and the quality of juvenile defense representation at the state, local, tribal, and national levels; support juvenile defense practice and policy, generally, by conducting extensive legal research and analysis and drafting reports, articles, fact sheets, and advocacy tools; act as a liaison with NJDC’s network of regional juvenile defender centers; engage in critical and strategic analysis of issues impacting youth rights and equity; contribute to and manage an assigned portfolio of projects while also being available to assist other team members as needed; and collaborate with coalition partner organizations.  For more instructions on how to apply and further job description details, please check here.  Applications will be accepted until the position is filled.

That will be all for this week.  Please be sure to join us over on Twitter and Facebook to get more juvenile justice-related info throughout the week and make sure to subscribe to the blog!

OJD Week in Review: Jan. 21 – 25

Hello again and welcome to another Friday!  This week we’ve got a new tip, a new training announcement, some news from around the juvenile defense community that may be of interest, and some deadline reminders.

We also released our 2018 Year in Review earlier this week.  Please take a moment to check it out here if you haven’t had a chance to read about some of our accomplishments from this past year and plans going forward into 2019.

Tip of the Week – Immigration Consultations

Did you know that IDS has made immigration consultants available to all defenders who have been appointed indigent clients?  That means all of your juvenile clients!  This may be especially helpful to determine if your client may be eligible for some type of immigration relief since s/he is a juvenile.  Simply go to the IDS website to access the form here.  You may want to print out the printable version and put it in your case file to fill out when you meet your client and then upload the information when you get back to the office.

From Around the Community

On teh Civil SideFrom the On the Civil Side blog, Jacqui Greene has posted a new piece titled “Mental Health Evaluations Required Prior to Delinquency Dispositions“.  In this blog post, Greene examines In re E.M., the recent case from the Court of Appeals which applies an old statute that requires district courts to refer juveniles who have been adjudicated delinquent prior to disposition to the area mental health, developmental disabilities, and substance abuse services director for interdisciplinary evaluation if any evidence of mental illness is presented.  Greene explores how much evidence of mental health issues is needed, how to locate the local management entity who would need to provide the evaluation, what happens if a juvenile has already received a mental health evaluation, and the implications of the Court’s decision.  You can read the full post here.

On Feb. 11 at 12:30 p.m., Duke Law School Professor Brandon L. Garrett and the Duke Criminal Law Society will be presenting and releasing their newest study, “Juvenile Life Without Parole in North Carolina”.  Garrett was awarded a grant from the Charles Koch Foundation to study evidence to inform criminal justice policy.  Through his research, Garrett prepared a report and will be sharing his findings with all attorneys working on juvenile cases at this event.  For further information, please direct questions to Callie Thomas.

Job Opportunities

The deadline for applications for the Office of Indigent Defense Services (IDS)‘ Regional Defender position is Sunday, Jan. 27.  The ideal candidate will have the ability to provide oversight to professionals, have knowledge of General Statutes, case law and responsibilities of contractors, and have skills in representing indigent defendants, problem solving, and relationship building.   IDS prefers applicants with some teaching/supervisory experience and a minimum of five years of experience with criminal defense work representing indigent clients.  You can apply and see more on this opportunity here.

On Dec. 1, Indigent Defense Services issued a Request for Proposals (RFP) in Caswell, Person, Alamance, Orange, and Chatham counties.  The current contracts for adult noncapital criminal cases at the trial level and per session court cases in those districts will expire on May 31 and renew on June 1.  The RFP (RFP #16-0002R) seeks services for adult noncapital criminal cases at the trial level, juvenile delinquency, abuse/neglect/dependency and termination of parental rights, and treatment courts.  Please note that the RFP will not seek offers for potentially capital cases at the trial level, direct appeals or post-conviction cases.  Also, the juvenile delinquency RFP will only include Caswell, Alamance, and Person counties.  The deadline for electronic offers is Feb. 15.  To access the RFP, please check here.

Training

The Office of the Juvenile Defender will be hosting a Juvenile Court Basics CLE on Feb. 27 from 1 to 4 p.m. at the Cumberland County Courthouse.  Assistant Juvenile Defender Kim Howes will be discussing the role of counsel, how to communicate with juvenile clients, dispositions, capacity, appeals, and so much more.  Questions and concerns are welcome.  Three general CLE credit hours are currently pending for this training.   Please contact Marcus Thompson by email or call 919-890-1650 if you have questions.

Save the date!  The 2019 Regional Training for Indigent Defense: Special Issues in Complex Felony Cases will be held on March 21 at the East Carolina Heart Institute at East Carolina University in Greenville, N.C.  The training will focus on topics relevant to criminal law practitioners and is open to IDS contract attorneys and privately assigned counsel.  Participants will receive three general CLE credit hours.  Registration should open later this month.

training toy story

That wraps it up for now.  Check out OJD’s Twitter and Facebook for posts throughout the week and we will share more here on next Friday.