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!

Week in Review: Oct 21-25

Happy Friday! Can you believe October is almost over and we are 38 days away from the implementation of Raise the Age? This week, to mark the countdown, we are providing a few resources about what’s coming. BUT FIRST!

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.

Austine flew to Palm Springs to take part in the Juvenile Defender Leadership Summit hosted by the NJDC and we may not or may not be jealous! More pictures coming soon!

RESOURCES:

The NJDC released a new fact sheet on Wednesday, Eliminating Shackling in Juvenile Court: Continuing the Momentum. You can read the fact sheet here and below for a snippet:

Experts agree: shackling harms children; it causes trauma; interferes with participation in their own defense; impedes procedural justice; and biases judges.

  • From 2014-2017 18 states shifted their policies and disallowed the indiscriminate shackling of youth in juvenile court
  • 19 states still allow automatic shackling of youth in juvenile court

NJDC urges the remaining states that have yet to create a presumption against the automatic use of restraints to do so swiftly.

Strategies for Youth also released a press release about SROs in schools which SFY found that SROs are not adequately trained nor supervised through a survey of state laws, you can read the Executive Summary here.

A new blog post by Jacquelyn Green on the School of Government’s website is live and talking about Raise the Age. The blog contains answers to some of those commonly asked questions. You can read her post here.

THAT’S IT FOR THIS WEEK! THANKS FOR READING!!

Updated! A Week in Review with OJD: Sept 9-13

We missed last week, but we’re back with lots of information!

P.S. Some links were broken, so made a little update! Happy Friday!

Tip of the Week

All About The Records:

There is a universe of documented information about your client.  First, review and obtain copies of the clerks file, the official record of the court.  Get a copy of the NC Juvenile Online Information Network (NC-JOIN) file from the court counselor’s office.  You don’t need a court order for this (7B-3001(c)(1)) but we have a form to help expedite the request. Obtain a release form(s) from your client and the parent/guardian, and go hunting!  Educational records, mental health records, involvement with the Department of Social Service, placement records.  You may also consider housing or employment documentation if it helps your case.

CASE NOTES

There were two new published opinions last month, one from the NC Supreme Court and the other from the Court of Appeals. In the Matter of T.T.E., decided by the Supreme Court, the Court reversed the Court of Appeals decision vacating the juvenile’s adjudication and disposition orders of disorderly conduct. Justice Earls wrote a lengthy dissent, which is worth reading.

In the Matter of J.B., the Court of Appeals, in a divided opinion, reversed the trial court’s adjudication and disposition orders for second degree sexual exploitation of a minor, first degree forcible sexual offense, and an attempted larceny admission. The Court also addressed the juvenile’s right to confrontation, the commitment of the juvenile to YDC, and confinement pending appeal. You can find the summary for In the Matter of T.T.E. here, and In the Matter of J.B. here.

New Resources

Strategies for Youth, an organization bridging gaps and building relationships between law enforcement and youth, has a BRAND NEW website filled with information and resources on the intersection of police and youth. Visit their page, see the new updates and gain valuable information all at the same time.

National News

Liz Ryan recently published a Newsweek article regarding the impact of starting the conversation about juvenile justice in the ongoing political race. She writes

With strong leadership at the federal level, we can do more for the youth in our communities and finally end youth incarceration. And while many of the most prevalent issues on the debate stage are contentious, there’s widespread support for reforming our youth justice system. According to a national poll by GBA Strategies, Americans overwhelmingly support a shift away from our justice system’s reliance on youth prisons and instead support serving youth through community-based care.

Comment on this post and let us know your thoughts on how the juvenile justice system could benefit from a fight on the national stage. To read the full article, visit here.

DON’T FORGET!

The National Juvenile Defender Center (NJDC) recently released Juvenile Defense Resources, a mobile app available in the Apple Store and Google Play Store. Through the mobile app, juvenile defense attorneys can access sample motions, reports, issues briefs, policy statements, checklists, and other helpful tools to grow their legal, advocacy, and leadership skills, and to improve the practice of lawyers that represent young people. There’s also a policy brief on detention and money bail.

The National Juvenile Defender Center (NJDC) released a new toolkit, A Right to Liberty: Resources for Challenging the Detention of Children.

Ensuring a child or young person remains out of detention prior to trial safeguards their right to liberty and the presumption of innocence. The resources contained in this toolkit can be used to uphold and advance children’s liberty interests at the individual level and in policy advocacy.  Though NC does not have money bail for juveniles, the toolkit provides helpful strategies for arguing for your clients’ release from detention.

Included in the toolkit are:

  • A Right to Liberty: The Origin of Bail
  • Annotated Bibliography on Risks Associated with Incarceration
  • Sample Habeas Petition Challenging the Pretrial Detention of Children

This resource is accessible by clicking here. The Sample Habeas Petition is accessible by clicking here.

ONE LAST THING….

How do you like the new webpage? Want us to go back to the old color scheme? Have ideas for the website?

Comment and let us know!

OJD Week in Review: August 26-30

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School’s Back

As students return to school, defenders may want to check out the OJD website for tips on defending students charged at school.  Under Materials for Defenders you can find a list of Materials by Training Subject.  Check out “School Related Issues” and “Special Education” topics.

New Resources

NJDC App

njdc app

The National Juvenile Defender Center (NJDC) recently released Juvenile Defense Resources, a mobile app available in the Apple Store and Google Play Store, which provides juvenile defense attorneys with helpful resources to defend young people in delinquency cases. Through the mobile app, juvenile defense attorneys can access sample motions, reports, issues briefs, policy statements, checklists, and other helpful tools to grow their legal, advocacy, and leadership skills, and to improve the practice of lawyers that represent young people.

To access the mobile app, juvenile defense attorneys can search “Juvenile Defense Resources” or “National Juvenile Defender Center” in the search box within their respective application stores and install the app (see photo for reference). In order to sign up to access the app, prospective members must certify that they are currently representing youth in delinquency court, and will be directed to create a username and password unique to each member. You may sign up directly through the mobile app or through NJDC’s website, via the login button on NJDC’S homepage or directly at this link.

Please note that the mobile app is password protected and you will not be able to access the resources until your request for access has been approved. Please allow up to three (3) business days for your request to be approved.

Over the next few weeks, NJDC will continue to build the database of resources available through the mobile app. If you have any questions or run into any technical issues when trying to sign up or access the mobile app, or the resources contained within, please contact NJDC’s 2017-2019 Gault Fellow, Aneesa Khan, at akhan@njdc.info for assistance.

Detention Toolkit

njdc right to liberty (2)

The National Juvenile Defender Center (NJDC) has released a new toolkit, A Right to Liberty: Resources for Challenging the Detention of Children.

Ensuring a child or young person remains out of detention prior to trial safeguards their right to liberty and the presumption of innocence. The resources contained in this toolkit can be used to uphold and advance children’s liberty interests at the individual level and in policy advocacy.  Though NC does not have money bail for juveniles, the toolkit provides helpful strategies for arguing for your clients’ release from detention.

Included in the toolkit are:

  • A Right to Liberty: The Origin of Bail
  • Annotated Bibliography on Risks Associated with Incarceration
  • Sample Habeas Petition Challenging the Pretrial Detention of Children

This resource is accessible by clicking here. The Sample Habeas Petition is accessible by clicking here.