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: May 25-29

We’re already back at the weekend AND greeting June on Sunday. Can you believe how time flies? Who would think when we’re all home, all the time. We hope your Memorial Day weekend was restful!

Tip of the Week – Building Trust

Especially during the era of Covid-19, innvesting time is the single most important strategy for building trust and rapport with your client.  You need to listen and ask questions without judgment, and explain why you need to ask certain questions.  Allow your client the opportunity, and encourage him/her to ask questions as well.  Be sure to explain to your client how your role is different from other adults s/he has interacted with (i.e. attorney/client privilege).  And most importantly – never make a promise you can’t keep.  If you say you’re going to do something – do it!

IDS HAS A NEW EXECUTIVE DIRECTOR!

From NC AOC Communications:

The North Carolina Commission on Indigent Defense Services has appointed Mary Pollard as the new executive director of the North Carolina Office of Indigent Defense Services (IDS). Pollard’s legal career spans 27 years, most of which she spent working to protect the rights of indigent, incarcerated people. A Raleigh resident and mother of two, Pollard is a graduate of the Wake Forest University School of Law.

You can read the Press Release about Mary and her appointment here.

Resources

  1. UNC School of Government released a new blog post via On the Civil Side: Juvenile Justice Pandemic Lessons written by Jacquelyn Greene. You can click here to read this great blog.
  2. The next 2020 SJDC Virtual Summit presentation is next Friday, June 5th. Topic? Virtual Reality: Representing Juveniles in Remote Courtrooms 2:00 (ET) – 3:30 (ET) Panelists: Gar Blume, Tim Curry, Angela Vigil. Registration Link:  https://emory.zoom.us/webinar/register/WN_ddRytFWkSGajsMfBXDHjWA

WE HAVE SOME INTRODUCTIONS COMING TO YOU NEXT WEEK. CAN YOU GUESS WHO THEY ARE?

Week in Review: May 11-15

Another week down, many more more to go. Thank you for coming back to read another week in review with OJD. There’s a few webinars we want to tell you about and as always, a Tip of the Week. Short and sweet so you can go grill some hot dogs in this nice weather (save a burnt one for LaTobia) 😀

TIP OF THE WEEK

When Should I Receive the Disposition Report?

You should try to receive the disposition report prior to the dispositional hearing to review with your client.  If possible, try to get a copy of the report at least several days prior to the hearing.  While there is no statutory authority compelling the receipt from the intake counselor, there are local rules which suggest time periods.

Congratulations are in order to LaToya Powell who was named this years CHILDREN’S CHAMPION by the NC Bar Association’s Juvenile Justice and Children’s Rights Section at their annual meeting yesterday!!!!!!!! Congratulations LaToya and thank you for all your hard work defending and protecting children!!

  • Our first DEFENDER ONLY Online CLE Webinar: Video Conference Secure Custody Hearings, is next Friday, May 22 at 11:00 AM. It is a FREE CLE to the first 75 DEFENDERS. To register for this training, click HERE. Place your Job Title & Bar Number in: Job Title to ensure proper CLE credit.  Also include your organization in the Company field.
  • May 15 at 1:00 pm, Dr. Maureen Reardon of @NC_IDS and the Guilford County Public Defender’s Office is hosting a 1 Hour Online CLE on Working with Mental Health Experts: Psychological Testing in Criminal Cases. Register here for this great webinar!
  • May 18, 2020 at 12:00 PM join Strategies for Helping Youth Cope During Uncertain Times Webinar with Ruby Brown-Herring, from the NC Division of Mental Health, Developmental Disabilities, and Substance Abuse Services. You can register here for this webinar.
  • OJJDP is hosting a webinar May 21, 1:00 to 2:15 PM, on Mentoring and Supporting Young People’s Mental Health and Well-being. It will focused on strategies and resources to support mental health for juveniles. Register here.

That sums up this week, have a great (and safe!) weekend! – OJD

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: April 20-24

Hello from Friday with OJD. Another work from home week means that OJD is rounding up resources and information for you, anything we can do to help. It always goes without saying but thank you so much for your dedication to continuing the good (juvenile justice) fight, even from your homes.

TIP OF THE WEEK

Complaints Received

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

Attorneys are appointed to cases once a complaint is received by juvenile justice, then filed as a complaint.  So generally attorneys can’t impact whether or not a complaint is received.  But attorneys can prevent the case from going to adjudication by:

  • Asking for a dismissal for various reasons, such as the victim no longer wishes to prosecute or the juvenile has already made amends through a mediation program or restitution.
  • Continue the case for an opportunity for the juvenile to participate in a program such as suggested above, or Teen Court if your jurisdiction has one.
  • After an admission, ask the court to informally defer prosecution without an adjudication.

Resources

  1. IDS recently released information on how PAC can file fee apps for teleconferencing and interim fee apps. Please visit ncids.org for more information.
  2. Legal Aid-ACS has synthesized the federal and state guidance that has come out to date and offer concrete tips and resources for advocating for students during school closures. You can get more information here. There are five documents: 
  3. On Friday, May 1st from 11 AM to 12 PM, Legal Aid-ACS is also hosting a Coronavirus-and-Education Know Your Rights training via Zoom and Facebook Live.  The ZOOM link is at: https://zoom.us/j/91168580266. This session will include overviews of recent guidance, along with lots of practical tips for advocating for students. For those who can’t attend the live session, a video recording will also be available on Legal Aid of NC’s Facebook page (https://www.facebook.com/LegalAidNC ) for families and advocates to access whenever they are available.

THANKS FOR READING!!

AS ALWAYS, HAVE A GREAT WEEKEND AND BE SAFE!!

Important North Carolina Defender Alert

Defenders,

We want to make you aware of operational changes instituted by state juvenile justice officials in response to the Covid-19 pandemic that may affect youth held in detention. You can find the official policy release here.

Of particular concern is the provision providing for “Placement of all juvenile detention center/crisis and assessment center admissions in medical room confinement for 14 days and until cleared by a medical provider to join the general population.” Our understanding after speaking with DJJ is that newly admitted youth are being segregated into pods and largely kept in their cells, according to protocols advised by the Center for Disease Control.

While DJJ is trying to engage these youth so they don’t feel isolated, the negative effect of solitary confinement on the mental health of youth is well documented. We also understand that if the youth leaves the facility and returns (including for secure custody hearings) the youth is placed back into medical room confinement for 14 days.

We want to encourage you to talk to your client if s/he is being held in detention to find out what is happening in that particular detention facility, and use not only DJJ’s policy of encouraging release by use of electronic monitoring or other community-based options (as outlined in the policy above), but also the information available in the links below to help inform the judge of the significant negative consequences of this type of confinement of youth and their mental health – especially youth with already existing mental health challenges. If your jurisdiction does not yet utilize audio/visual transmission for detention hearings, investigate this option as it will impact whether your client will have to re-enter medical room confinement.

Below are resources that you can consider using when arguing for your client to be released from detention:

  • Language from the Governor’s and NCDPS response to the Petition for Writ of Mamandus that was filed (the language pertaining to juveniles held in detention begins on page number 25 in the brief, but page 33 in the PDF).
  • ACLU briefing paper “No Child Left Alone” – Not related to Covid-19, but addresses the devastating effects of solitary confinement, regardless of what it’s called (i.e. isolation, medical confinement, etc.)
  • The Marshall Project article “What Happens When More Than 300,000 Prisoners are Locked Down?” – while not entirely juvenile focused, this also discusses the effects of isolation in confinement. “Solitary confinement can increase anxiety and disordered thinking, worsen mental health problems and heighten the risk of suicide.”

Please don’t hesitate to reach out to us if you need help crafting a motion or argument – we’re here to help!

You can download and save a copy of this alert here.

Thank you for all that you do and are doing during this difficult and trying time.

Podcast Alert!

The revamped OJD Podcast is here! We are still searching for a new name so if you have any ideas and would like to win a prize…email us your thoughts!

You can listen to the new podcast here on Soundcloud.

Please feel free to send us your comments, suggestions, and thoughts regarding our first podcast release. We’d love to hear from you!

Want to be a guest with a Juvenile Justice topic? Email LaTobia.

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!!!

Week in Review: Dec 2-6

Welcome to the Merriest Month of All (but really, Raise the Age December!) Sunday, December 1st marked the official start of the Juvenile Justice Reinvestment Act (Raise the Age :D) and OJD couldn’t be more proud or more excited about this change in NC law.

DEFENDERS PLEASE NOTE: “A quick reminder about fee applications…Any offense originally charged as a Class E through I felony disposed of in juvenile court after December 1, 2018 is paid at $60 per hour.   For more information about privately assigned counsel rates, click here.”

Raise the Age TIP

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.

Twitter Town Hall

On Monday, OJD hosted a Twitter Town Hall to discuss and answer questions about the many different facets of #RaiseTheAgeNC. Take a brief look at some of the questions and if you have any answers, comment on this post and let us know!

NEW AOC FORMS

New Juvenile forms (J- forms) were posted to nccourts.gov on Monday which means there are new forms for our defenders to know about. These will also be listed on our Forms Page, but you can visit the updated list here.

DEFENDERS!

We have an amazing new resource for you! If you attend an IDS / OJD sponsored training, you’ll receive one of these amazing Raise the Age Quick Guides!

That’s all for this first week of December! Stay tuned for update and information brought to you by the Jolly OJD Office!

Week in Review: Nov 4-8

Before we begin.

With respect and gratitude to those who have served and are serving today, The Office of the Juvenile Defender salute you for your service and sacrifice.

The leaves are falling and it’s getting colder, but Raise the Age is just heating up. The Office of the Juvenile Defender is completing training all across the state, have you attended?

A quick reminder about fee applications…Any offense originally charged as a Class E through I felony disposed of in juvenile court after December 1, 2018 is paid at $60 per hour.  For more information about privately assigned counsel rates, click here

RAISE THE AGE TIP OF THE WEEK

Where Can I Find the Law on RTA?

If you want to see the Session Laws which include the Raise the Age changes, see:

  • Senate Bill 413: 2019 Session Amendments to the RTA Bill (Juvenile Justice Reinvestment Act)
  • Senate Bill 257: The final bill budget for Session Law 2017; info pertaining to the Juvenile Justice Reinvestment Act can be found on pages 309-325

You can also check out the NC General Assembly website.  Look under “Bills and Laws,” then “General Statutes.”  You can search by citation or test, or you can look at Chapter 7B under the Table of Contents, and see the most recent changes to statute text on the right side of the statute.

UPCOMING EVENT!

The questions will also be posted on our Facebook page “North Carolina Office of the Juvenile Defender” as well!

Resource!

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

Photo Recap!

Eric speaking to the Orange County Bar Association and Austine presenting in Salisbury on Raise the Age!

MAKE SURE YOU CHECK BACK NEXT WEEK FOR MORE OJD NEWS!