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.

 

OJD Week In Review: August 12-16 School Justice Partnership Summit (SJP)

School Justice Partnership (SJP) logo

Chief Justice Beasley and Governor Cooper Announce School Justice Partnership Initiative

This past Monday Chief Justice Cheri Beasley, Governor Roy Cooper, and public officials from across the state representing schools, law enforcement, courts and juvenile justice joined together in Guilford County to announce the official release of the School Justice Partnership (SJP) Toolkit. The SJP Toolkit is a collaborative resource for stakeholder meetings to address offenses emanating from school behavior that are processed in the juvenile and criminal court system . For more information click here.

MORE INFORMATION/OTHER LINKS

 

Watch this clip from Monday’s Safety Summit

www.nccourts.gov/news/tag/press-release/watch-live-Monday-Chief-Justice-Beasley-and-Governor-Cooper-to-announce-official-statewide-release-of-school-justice-partnership-toolkit.

IDS and OJD in the the Bar Journal

barjournal

The Office of Indigent Defense Services, including the Office of the Juvenile Defender, were featured in the Fall 2019 edition of the North Carolina State Bar Journal.

Sign Up Now To Receive Updates About Supreme Courts Rules

www.nccourts.gov/news/tag/press-release/sign-up-now-to-receive-updates-about-supreme-court-rules

Guest Blogger: David Andrews, Office of the Appellate Defender

Any Given Sunday  I’ll be the first to admit that I don’t watch a lot of football.  The games are long and there’s that persistent risk of concussion.  But a phrase you sometimes hear with football – “any given Sunday” – has a ring to it.  During any particular game, the underdog could surprise everyone and upset a higher-ranked team.  So it is with the law.  The Supreme Court of North Carolina issues opinions once or month or once every two months, but always on a Friday.  And, so, on any given Friday, a defendant or a juvenile could surprise everyone and come out on top.  The Court of Appeals issues opinions on the first and third Tuesdays of each month.  So, you know, “any given Tuesday.”  But how do you get to a point where an upset is possible?  One way is through motions.  Over the past several months, my colleagues and I at the Office of the Appellate Defender (“OAD”) have been working with attorneys at the Office of the Juvenile Defender (“OJD”), the Center for Death Penalty Litigation, and Prisoner Legal Services on sample motions for various issues.  You can find these motions on the OAD and OJD websites.  The motions are designed in part to preserve legal arguments and, thus, to achieve that unexpected win on appeal.  However, they also serve to educate judges and lawyers about specific legal issues.  And who knows? One or more of the motions might win in trial court.  One set of motions involves the new offenses of making a false report of mass violence on educational property and communicating a threat of mass violence on educational property.  The motions involve various free speech arguments.  From the outside, free speech arguments can seem complicated.  But have no fear – these motions provide case law and a roadmap for asserting free speech claims.  Another motion lays out an argument that the State should be required to give notice if it intends to seek a higher disposition on the ground that the juvenile committed the offense while on probation and then prove that the juvenile was on probation beyond a reasonable doubt.  Juveniles are entitled to the same notice as adults.  In addition, the State is required to prove every fact necessary to constitute the crime beyond a reasonable doubt. Under Apprendi v. New Jersey, 530 U.S. 466 (2000), sentencing enhancements in criminal cases are treated as elements that the State is required to prove beyond a reasonable doubt.  The same logic should arguably apply to delinquency cases.  Finally, there is a batch a motions that all involve extending Miller v. Alabama, 567 U.S. 460 (2012) to some of its logical conclusions.  For example, there is a motion arguing that the mandatory transfer of first-degree murder cases to adult court is unconstitutional. If judges are required to take youth into account before imposing an LWOP sentence, they should be required to do so before transferring the case to adult court.  Another motion argues that the threshold for imposing the death penalty and mandatory LWOP sentences should be extended from 18- to 25-years old.  Miller was premised on research into adolescent brain development.  And, so, if that same research indicates that the adolescent brain does not finish maturing until the mid-20s, then the law should reflect that research, as well.  Finally, there’s a motion arguing that felony murder should not apply to juveniles.  In North Carolina, felony murder is based on deterrence.  However, Miller explains that deterrence doesn’t work with kids because kids tend act impulsively without considering the consequences of their conduct.  All of these arguments are just that – arguments.  Some may win, some will lose.  But we won’t know unless we try.  On any given day in court, anything is possible. Profile Picture - Small
David Andrews

Any Given Sunday

I’ll be the first to admit that I don’t watch a lot of football.  The games are long and there’s that persistent risk of concussion.  But a phrase you sometimes hear with football – “any given Sunday” – has a ring to it.  During any particular game, the underdog could surprise everyone and upset a higher-ranked team.

So it is with the law.  The Supreme Court of North Carolina issues opinions once or month or once every two months, but always on a Friday.  And, so, on any given Friday, a defendant or a juvenile could surprise everyone and come out on top.  The Court of Appeals issues opinions on the first and third Tuesdays of each month.  So, you know, “any given Tuesday.”

But how do you get to a point where an upset is possible?  One way is through motions.  Over the past several months, my colleagues and I at the Office of the Appellate Defender (“OAD”) have been working with attorneys at the Office of the Juvenile Defender (“OJD”), the Center for Death Penalty Litigation, and Prisoner Legal Services on sample motions for various issues.  You can find these motions on the OAD and OJD websites.  The motions are designed in part to preserve legal arguments and, thus, to achieve that unexpected win on appeal.  However, they also serve to educate judges and lawyers about specific legal issues.  And who knows? One or more of the motions might win in trial court.

One set of motions involves the new offenses of making a false report of mass violence on educational property and communicating a threat of mass violence on educational property.  The motions involve various free speech arguments.  From the outside, free speech arguments can seem complicated.  But have no fear – these motions provide case law and a roadmap for asserting free speech claims.

Another motion lays out an argument that the State should be required to give notice if it intends to seek a higher disposition on the ground that the juvenile committed the offense while on probation and then prove that the juvenile was on probation beyond a reasonable doubt.  Juveniles are entitled to the same notice as adults.  In addition, the State is required to prove every fact necessary to constitute the crime beyond a reasonable doubt. Under Apprendi v. New Jersey, 530 U.S. 466 (2000), sentencing enhancements in criminal cases are treated as elements that the State is required to prove beyond a reasonable doubt.  The same logic should arguably apply to delinquency cases.

Finally, there is a batch a motions that all involve extending Miller v. Alabama, 567 U.S. 460 (2012) to some of its logical conclusions.  For example, there is a motion arguing that the mandatory transfer of first-degree murder cases to adult court is unconstitutional. If judges are required to take youth into account before imposing an LWOP sentence, they should be required to do so before transferring the case to adult court.  Another motion argues that the threshold for imposing the death penalty and mandatory LWOP sentences should be extended from 18- to 25-years old.  Miller was premised on research into adolescent brain development.  And, so, if that same research indicates that the adolescent brain does not finish maturing until the mid-20s, then the law should reflect that research, as well.  Finally, there’s a motion arguing that felony murder should not apply to juveniles.  In North Carolina, felony murder is based on deterrence.  However, Miller explains that deterrence doesn’t work with kids because kids tend act impulsively without considering the consequences of their conduct.

All of these arguments are just that – arguments.  Some may win, some will lose.  But we won’t know unless we try.  On any given day in court, anything is possible.

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.

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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.