Forms and Motions Update

We have recently 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.

IMG_2449

OJD Week in Review: June 10 – 14

new ids logoAnother welcome end to the week!  This week there is a new post to share from the On the Civil Side blog, a new tip, a new job post, a training update, and the normal reminders.  We would also like to mention that the Office of Indigent Defense Services has now joined the social media scene, so please be sure to follow them on Facebook, Twitter, and YouTube!  Also, 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!

Tip of the Week – Was Your Client Properly Served?

N.C.G.S. §7B-1805 requires that both the juvenile and the parent be personally served.  It is not permissible for the juvenile’s summons to be given to the parent or another person.  If your client does not appear in court, make sure to check the court file for proper service.  If your client was not personally served (i.e. the parent is in court and was served with your client’s summons) advocate that the juvenile not be found to be responsible for failing to appear in court and request that the judge not enter a secure custody order because the juvenile was not properly served.

From Around the Community

From the On the Civil Side blog, Sara DePasquale has a new article announcing the new juvenile law bulletin on the UNC School of Government website.  In her post, titled “Extra!  Extra! Read All About it!  New Juvenile Law Bulletin – Delinquency and DSS Custody without Abuse, Neglect, or Dependency: How Does that Work?”, she discusses how a juvenile may end up in a county’s child welfare department and offers details and recommendations for how the new juvenile law bulletin can aid attorneys.  To view the blog post, please go here, or to go directly to the page to download the bulletin, check it out here.

On teh Civil Side

 

Job and Fellowship Opportunities

The deadline to apply for the National Juvenile Justice Network (NJJN)‘s executive director position will be Friday, June 21.  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 online registration deadline for the 2019 Defender Trial School, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, will be June 25.  The event 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.

The Center for Juvenile Justice Reform (CJJR)‘s Youth in Custody Certificate Program will 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.

That’s all we have for now.  And until the close of applications on July 2, we want to remind attorneys who have not got involved and started specializing yet to please visit the N.C. State Bar Legal Specialization page and get your paperwork in to become an N.C. State Bar-certified juvenile defender!  We would love for you to join our N.C. juvenile defender family!  Enjoy weekend.

OJD Week in Review: May 13 – 17

Happy Friday!  This week we’ve got quite a few new nuggets to share.  There is a new resource from NJDC worth noting, a webinar offering CLE credit, and a training in Rutherford from OJD.  Also, check out the new tip of the week and reminders from the previous weeks.

We also want to bring attention to yesterday’s post regarding the Juvenile Training Immersion Program (JTIP) hosted last month in conjunction with the National Juvenile Defender Center (NJDC) at North Carolina Central University.  JTIP was one of the first steps in OJD’s strategic plan to address changes that can/will come as a result of Raise the Age.  Please read the full post here if you have not had a chance to yet!

IMG_0546
Group photo of new N.C. regional trainers and NJDC JTIP trainers.

Tip of the Week – Suppression

Suppression motions aren’t often used in the District Court setting (outside DWI cases), however juvenile court offers many opportunities for suppression.  The juvenile code outlines the procedure for filing a motion to suppress (§7B-2408.5) and it may be made either in writing before the adjudicatory hearing or orally during the hearing.  Consider whether or not your client’s statement or identifications may be subject to suppression.  Remember – “in custody” is an objective test!  The test is whether a “reasonable juvenile” in the position of the respondent would believe him/herself to be in custody OR that s/he had been deprived of freedom of action in some significant way, and is not based on the subjective intent of the interrogator or the perception of the person under questioning.  That means if your client is in the principal’s office and the SRO is standing in front of the door, would your client feel free to leave?

Job and Fellowship Opportunity

Today is the last day to submit your application for the Louisiana Center for Children’s Rights (LCCR)’s mitigation specialist positions in New Orleans and Baton Rouge.  The mitigation specialists will be responsible for the investigation and development of competent, thorough, and quality mitigation in accordance with statewide performance standards, the American Bar Association Guidelines, and national best practices.  To apply, please check here to apply for the New Orleans position and here to apply for the Baton Rouge opening.

The North Carolina Commission on Racial and Ethnic Disparities in the Criminal Justice System (NCCRED) has an opening for a new Executive Director.  The Executive Director will provide leadership and manage all aspects of the organization, including coordinating and filing reports, developing relationships with potential partners, promoting and developing research on racial disparities, and supervising interns and contract staff.  The ideal candidate will have a passion for racial justice, experience in criminal justice reform and all aspects of nonprofit organizational management, excellent communication skills and comfort with managing conflict.  Please find the full job description here.  To apply please submit resume, cover letter, and salary requirements to James E. Williams, Jr., by SaturdayJune 1.  Please include email subject line “NCCRED Director Position.”

too-awesome-meme-e1495332925779

The Forsyth County Public Defender’s Office is currently seeking a new assistant public defender.  The selected candidate will represent indigent clients charged with misdemeanor criminal offenses and will be expected to analyze laws, facts, written documents, conduct legal research, develop litigation strategies.   For the full job description and to apply, please go here.

Training

On Monday, May 20, OJD will be hosting a Juvenile Court Basics Training in Rutherfordton.  The training will take place at the Rutherford County Courthouse from 2 – 4 p.m. and has already been approved for 2 general CLE credit hours.  Juvenile Defender Eric Zogry will be discussing topics such as how to talk to juvenile clients, dispositions, appeals, and more.  Please call our office at 919-890-1650 if you have questions regarding the training or email Marcus Thompson.

Registration is now open for the 2019 Summer Criminal Law Update Webinar which will take place June 7 from 1:30 to 3 p.m.  This webinar will cover recent criminal law decisions issued by the North Carolina appellate courts and U.S. Supreme Court and will highlight significant criminal law legislation enacted by the North Carolina General Assembly.  School of Government criminal law experts John Rubin and Phil Dixon will discuss a wide range of issues affecting felony and misdemeanor cases in the North Carolina state courts.  The webinar, broadcast live from the School of Government, includes a dynamic visual presentation, live audio, and interactive Q&A.  This webinar is open to public defenders, private attorneys who handle or are interested in pursuing indigent criminal defense work, and other court personnel who handle criminal cases.  Please note that pre-registration is required and the deadline to register will be 5 p.m., June 5.  The webinar will offer 1.5 hours of CLE credit and qualifies for N.C. State Bar criminal law specialization credit.  The registration fee for private assigned counsel, contract attorneys, and other non-IDS employees is $75.00.  There is no registration fee for IDS state employees, thanks to support from the Office of Indigent Defense Services.  If you have questions related to webinar content, please contact John Rubin at 919.962.2498 or rubin@sog.unc.edu.  If you have questions about logistics, please Jessica O’Sullivan at 919.962.9754 or josullivan@sog.unc.edu.

TRAINING--DEVELOPMENT

Please save the dates for the 2019 Parent Attorney and Juvenile Defender Conferences.  The Parent Attorney Conference will be held Thursday, August 8 and the Juvenile Defender Conference will be held Friday, August 9.  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.  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 online registration deadline for the 2019 Defender Trial School, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, will be June 25.  The event 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.

The Center for Juvenile Justice Reform (CJJR)‘s Youth in Custody Certificate Program will 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.

New Resource

To commemorate the 52nd Anniversary of In re Gault this week, the National Juvenile Defender Center (NJDC) is pleased to share a new resource, Making the Case for Young Clients: Supreme Court Quotes for Bolstering Juvenile Defense Advocacy.  Language shapes every defense.  And the United States Supreme Court has issued numerous opinions with language that supports the unique advocacy required for defending youth in juvenile delinquency proceedings.  From recognizing that youth are more susceptible to coercion during an interrogation to reinforcing the principle that youth are constitutionally different from adults, the Supreme Court has boldly delineated the rights and obligations due to young people.  This resource is filled with language from opinions spanning several decades and is accessible online here.

Also, please note that the application period for specialization in juvenile defense started on the 1st of this month and continues until July 2!  If you know someone or if you yourself are interested in specializing in the juvenile defense arena, please visit the N.C. State Bar Legal Specialization page.

That’s our wrap-up for this week.  Please make sure to subscribe to the blog if you haven’t already and head over to Twitter and Facebook, like and follow us!  Also, N.C. juvenile defenders, please contact us to be added to our listserv.  Have a great weekend.

OJD Week in Review: Apr. 22 – 26

Happy Friday and Happy Passover!  This week we have a new tip, a new post from the School of Government and another community event worth noting, a couple of new resources, and approaching deadlines for and updates to training and job opportunities.

fridaywakeup

Tip of the Week – Discovery

Defenders – you have a statutory right to discovery in all of your juvenile cases (§7B-2300-2303).  Don’t be afraid to use it!  Some jurisdictions provide it without a motion, but it’s never bad practice to file your motion regardless.  You can find a sample discovery motion and order here on our website.

From Around the Community

From the On the Civil Side blog, Jacqui Greene added a new post discussing the general statute concerning the confidentiality of juvenile court records.  In this blog, Greene answers two of the most common questions she has received about the statute:  “Who is the juvenile’s attorney?” and “What court can order release of a juvenile record?”.  You can find the full post here.

In honor of the 52nd anniversary of In re Gault, the Supreme Court decision that ultimately allowed children the right to counsel, the National Juvenile Defender Center will be hosting “The Story of (In)Justice” in at the Mayflower Hotel in Washington, D.C. on May 15.  The event will take place from 6 – 8 p.m. and will feature and honor Yusef Salaam, a community activist and Central Park Five exonoree,  and Sarah Burns, award-winning filmmaker and author of The Central Park Five.  To register and learn more about this event, please check the link here.

New Resource

The Campaign for Youth Justice has recently released a new report.  This document, titled “Alternatives to Adult Incarceration for Youth Charged as Adults“, offers insight into new laws and programs that defense attorneys can suggest in order to ensure youthful clients receive proper treatment.  Please find the report here.

The National Juvenile Defender Center has released a new resource, “Juvenile Facility Checklist for Defenders: Advocating for the Safety and Well-Being of Young People“.  This checklist is designed to allow defenders to evaluate the facilities where their clients may be held.  You can view it here.

Job and Fellowship Opportunity

The deadline to apply for the  National Juvenile Justice Network (NJJN)‘s 2019 Youth Justice Leadership Institute is Monday, April 29. 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?  To learn more or apply, find additional info here.

sorryjob

The Louisiana Center for Children’s Rights (LCCR) in New Orleans is seeking applications for the position of Staff Defense Investigator.  The responsibilities of defense investigators include working closely with staff attorneys and other defense team members to determine the scope, timing, and direction of defense investigation; reviewing and analyzing discovery, including police reports and other documentation; locating and collecting records; serving subpoenas; taking detailed witness statements; and thoroughly documenting all work and information in detailed memorandum.  The position requires a deep commitment to the defense of youth and to LCCR’s client-directed ethic.  Applicants must submit a cover letter; a resume or CV, including an email address and daytime and evening telephone numbers; and a list of professional references, including the name, address, telephone number and, if available, email address for each reference.  This posting will be open until Wed., May 1.  This position will remain open until filled.  For further details and to apply, please check here.

The National Juvenile Defender Center (NJDC) is currently seeking applications for two positions: a Staff Attorney and a 2019-2020 Gault Fellow.  The staff attorney is a mid-level position who 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.  This position is open until filled.  The 2019-2020 Gault Fellow is a one-year fellowship opportunity that will run concurrently with the first year of the 2019-2021 Gault Fellowship.  The Gault Fellows collaborate with NJDC staff to develop legal and policy initiatives around a broad range of juvenile defense issues.  The Fellows perform extensive legal research and analysis for NJDC and assist with the provision of training and technical assistance to the juvenile defense community.  This position is an entry-level position intended for recent law school graduates and current 3L/4LEs (Class of 2018 or 2019).  The application deadline is May 6, 2019.  For more information, please go here.

The Forsyth County Public Defender’s Office is currently seeking a new assistant public defender.  The selected candidate will represent indigent clients charged with misdemeanor criminal offenses and will be expected to analyze laws, facts, written documents, conduct legal research, develop litigation strategies.   For the full job description and to apply, please go here.

Training

The National Juvenile Defender Center (NJDC) is thrilled to be hosting the 2019 Juvenile Defender Leadership Summit in West Palm Beach, FL from October 25 – 27.  As in years past, we look to our community of juvenile defense attorneys and juvenile policy advocates to help us build a vibrant and thought-provoking agenda that answers to the community’s needs.  For more on the proposals, how to submit, and the selection criteria, please find more info here.  All workshop proposals are due on May 6, 2019.  If you have any questions about the proposal or the proposal process, please feel free to contact NJDC’s Director of Training and Technical Assistance Tim Curry by email or call 202-452-0010.

Homer training.gif

The online registration deadline for the 2019 Defender Trial School, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, will be June 25.  The event 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.

The Southern Juvenile Defender Center (SJDC) proudly announces the ninth annual Regional Summit, taking place in New Orleans, Louisiana, June 7-8, 2019.  You’re invited to come together with your colleagues from across the Southern states to participate in this one-of-a-kind program.  If interested in attending, please register here for the Summit before May 13.  For out-of-state attorneys, partial scholarship assistance is available to cover lodging expenses on first-come, first-served basis.  Scholarship recipients must be willing to share a two-bed hotel room with another attendee and to pay $25 per night toward the cost of the room.  To inquire about a scholarship, contact Randee J. Waldman and Richard Pittman.  The deadline for scholarship applications is May 9th.  CLE credits have been applied for.  For more information on lodging, the agenda, and fees, please visit the Eventbrite page here.

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!)

The Center for Juvenile Justice Reform (CJJR)‘s Youth in Custody Certificate Program will 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.

That is all we’ve got for now.  If social media is your thing, please check us out on Twitter and Facebook, like and follow us, and make sure to subscribe to the blog!  Have a great weekend.

 

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

IGotTheJob

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: Mar. 4 – 8

Welcome back!  This week we’re bringing attention to an update on our “Materials” page, a new tip, a fellowship opportunity, and training announcements.

Tip of the Week – Was Your Client’s Parent Present?

Any juvenile under the age of 16 must have a parent present for any in-custody interview. Any statement made without the parent’s presence is not admissible into evidence (§7B-2101(b)). Remember – “in-custody” is an objective test and uses the “reasonable juvenile” standard!

New Resource

We have updated our case summaries list, including new cases such as In re E.M. and In re B.B. and removing the broken links for all cases that took place prior to 2006.  Please feel free to download and review these cases as needed here.  If you find any issue with the document or its links, please contact our office.

Fellowship Opportunity

ChristyYJLIThe 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 two informational webinars on March 21 and April 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.

Training

Registration for the “2019 Regional Training for Indigent Defense: Special Issues in Felony Cases” is now open to IDS contract attorneys and to privately assigned counsel representing indigent clients.  The training will focus on special issues in felony cases and include a two hour session on gangs.  The Regional Training will be held on Thursday, March 21 at the East Carolina Heart Institute (ECHI) at ECU, located at 115 Heart Drive, Greenville, NC 27834.  The training will take place in the Conference Room beginning at 12:45 p.m.  Free parking is available in the visitor lots adjacent to ECHI as well as the Family Medicine building next door.  Refreshments will be provided.  To register and to find additional program information, visit their course page here.  The registration deadline for the Regional Training is 5:00 p.m. on Monday, March 18.  The registration fee is $95.00, which includes materials, CLE credit, and snacks.  The training will offer 3.0 hours of general CLE credit.  If you have any questions or would like additional information, please contact Program Attorney, Austine Long at along@sog.unc.edu or 919.962.9594 or Program Manager, Tanya Jisa at jisa@sog.unc.edu or 919.843.8981.

On March 15, from 10:00 a.m. to 4:45 p.m., the UNC School of Government (SOG) will be hosting the first North Carolina Criminal Justice Summit in the the University of North Carolina at Chapel Hill’s Carolina Club.  The Summit will be lead by SOG’s own Professor of Public Law and Government Jessica Smith and will feature national and state experts with broad-ranging ideological perspectives who will discuss key issues capturing attention in North Carolina and around the nation, including bail reform, overcriminalization, and barriers to re-entry, such as fines and fees, the criminal record, and collateral consequences.  Join the conversation as they explore how these issues impact justice, public safety and economic prosperity in North Carolina, and whether there is common ground to address them.  This event will be free to attend, lunch will be provided, and it offers 5 hours of CJE and free CLE credit.  Attendees are responsible for their travel expenses, including a $14 event parking fee.  For those arriving the night before, state rate and discounted rooms at local hotels will be available.  For more details, please visit here.

Call to Action!

juvdelcriminallaw

North Carolina is in need of dedicated defenders today!  With the expected increase of juvenile defense cases following the full implementation of Raise the Age, North Carolina’s juvenile defender community will be in need of quality juvenile defense attorneys.  We want to encourage attorneys with a passion for protecting our most vulnerable populations, whether you possess decades of experience or you’ve been practicing for just over five years, to consider specializing now.  We also want attorneys fresh out of law school and those currently in law school to plan to take the specialization exam later in their career.  For details on specializing in North Carolina, please check out the link here (links also available on the sidebar).  Applications for the specialization exam with the N.C. State Bar should be open between May and July this year.  For additional resources and information about specializing, please check out the National Juvenile Defender Center’s page here.

That will be all for now, folks!  Please check us out on OJD’s Twitter and Facebook for posts throughout the week.

Duke Law Hosts JLWOP Panel

JLWOP Panel

On Monday, Feb. 11, the Duke Criminal Law Society and Duke Law Professor Brandon L. Garrett (pictured speaking at the lectern stand on the right) hosted a panel discussion regarding their newest study, “Juvenile Life Without Parole in North Carolina.”  The panel featured (seated from left to right) David Andrews of the Office of Appellate DefenderBen Finholt of N.C. Prisoner Legal Services,  and N.C. State Representative Pricey Harrison.

The event opened with an introduction of the panel by Garrett, before panelists presented their own perspectives on the issue of juvenile life without parole (JLWOP) and the study released by Garrett and his colleagues.

Harrison emphasized the negative economic impact JLWOP has on N.C.  She reinforced the argument that juveniles could contribute much more to society if given the opportunity to get an education and job, rather than being held in a facility on hundreds of thousands of taxpayer dollars for a lifetime.

Finholt pointed out the State’s abuse of JLWOP.  “So far, as far as we know with the data we have, there has not been a single JLWOP resentencing hearing where the option of LWOP was on the table and the State has consented to taking it off the table,” he said.  “In every single resentencing hearing where LWOP is an option, the State has sought LWOP.  Every single time.  And I don’t think that matches what the U.S. Supreme Court has told us is supposed to happen in Roper, Graham, Miller, Montgomery.  I think in the whole line, it’s pretty clear that this should be rare.  This should only be used in exceptionally bad circumstances, and I think that is generally the way it has not been handled.”

Andrews also touched on Miller and its implications, disproportionate minority contact, and reform.

“When we talk about juvenile life without parole, we are talking about Miller v. Alabama,” Andrews said.  “What I love about this report that we have now, from Professor Garrett and all the other authors, is that it gives us perspective…  What’s interesting to me is that there is a disproportionate impact that this sentence has on race.  Children of color, these are the individuals who get LWOP.  There is a disproportionate impact on children of color.  We also know from the report that once a county imposes JLWOP, it is more likely to impose that sentence again.  It becomes entrenched.”

Andrews said from the perspective of trial attorneys dealing with JLWOP cases, they should pursue school records, interviews with family members, DSS records, and experts in fields such as adolescent brain science to dissuade a judge from sentencing a child to LWOP.

Andrews posed the question that really hit the core of the issue at hand, asking “Do we really want to sentence kids to die in prison?”

After every panelist had the opportunity to speak and before engaging in a question and answer session with members of the audience, Garrett reiterated the issue.  He pointed out that in the study, one-third of the individuals sentenced to LWOP were not the killers or had no intent to kill, but were convicted under a felony murder theory.

In response to one question about the discussions between legislators regarding juvenile justice, Harrison stated, “There are legislators who are considering continued reforms.  I know that many of us felt like Raise the Age… was an important first step and it took us nearly 15 years to really get on that.  It still needs work and I think that there are legislators interested in that and other juvenile justice issues…  There’s a lot going on.  It’s a different climate right now, but it is a little more conducive to making some of these improvements.”

In regards to Raise the Age and the impact he thought this study could potentially have on possible reforms going forward, Garrett said, “To kind of fix that you need to solve this juvenile life without parole problem.  In some ways it’s about the past.  And I think fixing that problem is a money-saver, but also highlights this moral issue that there should be a possibility of redemption, of rehabilitation for all juvenile sentences…  In some ways it’s a completely different question to Raise the Age.  It’s not about adult court versus juvenile court.  It’s just that there should be meaningful review for long juvenile sentences, no matter what the circumstances.  I think that it’s just a sensible position for the State to have.  It’s the right moral position, it follows the science of juvenile brain development, and it’s not inflexible.”

Garrett stated that the JLWOP study was just one of the projects he and his students were working on, including a traffic court study, parole, and non-juvenile life without parole.  He said this just happened to be one of the first they presented publicly.  To read the report and more from Duke Law’s JustScience Lab, please go here.