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

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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 5-9, Short But Sweet

It’s August, and things can get a little slow at OJD, but we do have a few highlights for you.  Hope to see folks at the Annual Conference today!

Tip of the Week

Transcript of Admission Tips 

Filling out a transcript of admission on any admission of a new offense is important for several reasons.  It memorializes the record of admission in writing if subject to an appeal.  Reviewing the transcript with your client helps your client better understand the admission and the rights s/he is asserting or waiving.  Make sure you complete the transcript with your client present and do so in a confidential space. Consider making a copy of the transcript to keep at the attorney table to help your client answer questions.  Stand with your client when the court asks your client the listed questions and be prepared to confer with your client if any issues arise.

If you missed it, check out out Guest Blogger: David Andrews, Office of the Appellate Defender

David Andrews



Also, if you haven’t, check out IDS’ Facebook page, full of great information, in particular the personal testimonies of public defenders, and follow IDS on Twitter.

                                       new ids logo

 



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.

OJD Week in Review: July 15 – 19

This Week’s Blog Includes:

  • We’re Hiring!
  • Tip of the Week
  • Legislative Update
  • Still Time to Sign Up for the Annual Training!

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We’re hiring for a new Communications and Office Manager! Duties include responsible for defining and executing a social media strategy, including maintaining and updating the juvenile defender website, Twitter feed, Facebook page, and other social media; maintaining a list of juvenile defense counsel statewide including privately assigned counsel, contractors, public defenders, and clinics; identifying new juvenile defenders and create and update information packages for new defenders; assisting with the development of new technologies/platforms for providing legal education; providing general office support and management.

For a complete list of duties and details about the position, click here for the posting.

Tip of the Week – Searches Not on School Property

While an earlier tip referred to searches on school property as involving a lower standard, searches of juveniles not on school property are governed by a “reasonable juvenile standard.”  Specifically, In the matter of I.R.T., 184 N.C. App. 579, 647 S.E.2d 129 (2007) held that the age of a juvenile is a relevant factor in determining whether a reasonable person would feel free to leave upon being stopped by law enforcement.

Legislation

Senate Bill 413, which includes recommendations from the Juvenile Jurisdiction Advisory Committee, has passed the House and is being sent back to the Senate for concurrence.  It is on the Senate Calendar for Monday, July 22. Once the bill is final, we’ll be sure to get a breakdown on the OJD site and of course will be included in the upcoming training materials.  The budget bill with RTA funding was passed and then vetoed by the governor.  Both the House and the Senate have proposed supplemental budget bills, with the House bill including some RTA funding, but there is currently no version agreed upon by both chambers.

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.

OJD Week in Review: July 15 – 19

Hello again and another good Friday to you all!  This week there is a new tip and just the single training reminder.  Content for the end of the week may still be light, but please make sure to subscribe to the OJD blog and follow our OJD Twitter and Facebook pages as well to get updates, relevant articles, and other juvenile defense-related content throughout the week!

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Tip of the Week – Searches Not on School Property

While an earlier tip referred to searches on school property as involving a lower standard, searches of juveniles not on school property are governed by a “reasonable juvenile standard.”  Specifically, In the matter of I.R.T., 184 N.C. App. 579, 647 S.E.2d 129 (2007) held that the age of a juvenile is a relevant factor in determining whether a reasonable person would feel free to leave upon being stopped by law enforcement.

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.

Here we end this Week in Review.  We wish you a safe and relaxing weekend and we will bring you more news from the N.C. juvenile defense community next Friday!

OJD Week in Review: July 8 – 12

Hello again!  This week there is a new tip and just the single training reminder.  Please make sure to subscribe to the OJD blog and follow 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 – Getting Rid of Those Shackles

  • Ask that the hearing occur prior to the juvenile entering the courtroom
  • Request that both the hand and leg shackles be removed
  • Hold the court to the three reasons to shackle: maintain order, prevent escape, provide for the safety of the courtroom
  • Enforce that evidence for any of these reasons should be current behavior, not prior behavior or acts
  • Argue that “whenever practical” to be heard on the issue is anytime!

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.

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And, that is all we have for you this week, folks.  Have a great weekend and hopefully we have more content for you in the coming weeks.

OJD Week in Review: June 24 – 28

Happy Friday!  This week there is one new job opportunity, a new tip and an update to our “Materials for Defenders” page.  And we’d like to remind everyone once more that TuesdayJuly 2, will be the deadline to apply to become an N.C. State Bar-certified juvenile defender!  If you are interested, please visit the N.C. State Bar Legal Specialization page.  We want to grow the N.C. juvenile defender community!

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Tip of the Week – Probable Cause Hearings

Procedures for a probable cause hearing in juvenile court are similar to those in adult court.  However, N.C.G.S. §7B-2202(c) mandates that the State shall show probable cause “by non-hearsay evidence or evidence that satisfies an exception to the hearsay rule.”  The State must present actual witnesses at the hearing in order to demonstrate each element of the felony offense.  Reiteration by law enforcement of third-party testimony acquired during the investigation does not satisfy this requirement.  There are exceptions for some reports and evidence regarding value, ownership, possession but remember that those exceptions do not apply at the adjudicatory hearing.

Forms and Motions Update

Earlier this week, we 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.

Job and Fellowship Opportunities

The Department of Public Safety is currently seeking a court counselor for District 22, to primarily serve in Iredell County.  The ideal candidate will have knowledge of adolescent behavior and the dynamics of juvenile delinquency and the ability to make sound decisions, analyze facts and opinions objectively and impartially, and communicate and consult effectively with others.  Preferred candidates will have a Bachelor’s or Master’s degree in the human services field with at least one to two years of experience working with the juvenile/family client population or have related human service case management experience.  The deadline to apply is Sunday, July 7.  To apply for this position, please go 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 Friday, 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.

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That ends this Week in Review.  Please make sure to subscribe to the OJD blog and follow our OJD Twitter and Facebook pages as well to get updates, relevant articles, and other juvenile defense-related content throughout the week!