Week in Review: Jan 13-17

Happiest of Friday’s to you OJD readers! This week was full of meetings and trainings… AND INTERVIEWS! We narrowed down the candidates for the Assistant Juvenile Defender position and began the second round of interviews this week. We’re so excited to have a new attorney with us in the office, this is going to be a hard choice!

APPEALS TIP OF THE WEEK: Courtesy of David Andrews, Office of the Appellate Defender

  • When you appeal, do these things:
    • Make sure the juvenile has the right to appeal. Generally, the juvenile can appeal from a dispositional order.
    • Give proper and timely notice of appeal.
    • Prepare an appellate entries with all of the hearing dates and have the judge sign it on the day you give notice of appeal.
    • Ask the judge to stay the dispositional order.
    • If the dispositional order is not stayed and the order requires the juvenile to be placed in custody, argue that compelling reasons do not exist to keep the juvenile in custody during the appeal.
    • Make sure the clerk sends the recordings to the court reporter and the court file to the appellate attorney in a timely manner.

Public Defenders! Wonder what the rate is for your current cases? Click here for the IDS Rate Information & Calculators.

Upcoming Trainings:

Juvenile Defender Enhancement Training February 26, 2020 – Sponsored by the Office of the Juvenile Defender, this training will provide vital Juvenile Defense topics such as: Transfer Hearings, Raise the Age Advocacy and Addressing Trauma in Adolescents. We have guest speakers and are covering the CLE cost & reporting 6 CLE training hours.

Intensive Juvenile Defender Training, March 4-5, 2020 – Brought to you by the UNC School of Government. The training will offer approximately 12.75 hours of CLE credit, which includes one hour of ethics. The tentative agenda is posted on the course page. Final session times may vary depending on the schedules of the instructors. Click the link for more information!

JOB OPENINGS

Center for Death Penalty Litigation (CDPL)

The Center for Death Penalty Litigation (CDPL) in Durham, North Carolina has two openings for staff attorneys.

CDPL is a non-profit law firm and advocacy organization that works to provide the highest quality representation to people facing execution, and to end the death penalty in North Carolina.  CDPL is committed to diversity and racial equity and is an equal opportunity employer. 

For details about the positions and how to apply, please click here.

UNC School of Government

The UNC School of Government seeks a tenure-track assistant professor who will specialize in the field of criminal law. This position will be responsible for educating judicial officials on North Carolina criminal law. Click here for the announcement.

Disability Rights North Carolina (DRNC)

Disability Rights North Carolina (DRNC) is seeking a Staff Attorney for their Education Team with a Juvenile Justice and Race Equity Focus. The Staff Attorney will work to ensure equity in the education and criminal justice systems; represent students in special education, and school discrimination matters, including youth in juvenile detention facilities; train attorneys, advocates and other stakeholders; and participate in policy initiatives related to the school-to-prison pipeline.

Send a resume and detailed letter of interest explaining your qualifications and interest in the position to: virginia.fogg@disabilityrightsnc.org. Include Staff Attorney – Education in the subject line of the email. No phone calls please.

Wow! That was a LOT of information. If you have any questions please feel free to contact the office and we can help! See you next week!

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!

Save the Date: N.C. Bar Association’s Groundwater Training on Racial Equity

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!)

REI hosts trainings locally and nationally to help participants develop tools to understand and challenge patterns of racial inequity and to grow equity within their organizations and communities.  REI’s Groundwater Training is a  lively, participatory, and evidence-based  introductory session in which trainers  review stories and data to examine characteristics of modern-day racial inequity, and actively engage participants in analyzing the impact of systemic and institutional racism in our society in areas such as education, healthcare, juvenile justice, criminal justice and child welfare.

This research-based presentation focuses on the following six points that are essential to understanding the realities of systemic racism as a predictor of outcomes in all institutions.

  1. Racial inequity looks the same across systems.
  2. Socio-economic difference does not explain the racial inequity.
  3. Systems contribute significantly to disparities.
  4. The systems-level disparities cannot be explained by a few ‘bad apples’ or ill-intentioned gatekeepers.
  5. Poor outcomes are concentrated in certain geographic communities; usually poor communities and communities of color.
  6. An analysis that includes race often draws starkly different conclusions than one that does not.

NCBA members who have attended this training describe it as transformative as well as fundamental to an attorney’s ethical responsibility to “seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession.” (NC Rules of Professional Conduct, .01 Preamble)

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.

OJD Week in Review: July 23 – 27

And… we’re back to another Friday!  There is little news for this week with the exception of one new training opportunity and one new resource, but mostly reminders.

New Resource

In partnership with the National Council of Juvenile and Family Court Judges (NCJFCJ), the National Juvenile Defender Center released “Addressing Bias in Delinquency and Child Welfare Systems, a bench card emphasizing that “eliminating racial and ethnic disparities in juvenile and family courts is critical to creating a fair and equitable system of justice for all youth.”  This tool is meant to educate juvenile and family court judges about structural, explicit, and implicit bias, providing judges with self-reflection tools to help them recognize and prevent bias in their courtroom and offer concrete strategies to correct implicit bias.

Training

Registration is now open for the 2018 Misdemeanor Defender Training, which will take place at the UNC-Chapel Hill campus from Sept. 18 – 21.  This training, cosponsored by the Office of Indigent Defense Services and the School of Government, will be an introductory program for attorneys who are new to handling misdemeanor cases and will offer 21.5 CLE credit hours, including one hour of ethics/professional responsibility credit and qualifies for criminal law specialization credit.  Attendees can expect sessions that will cover topics such as impaired driving, probation violations, ethical issues in district court, and much more.  The registration deadline will be 5 p.m. on Aug. 30 and the deadline for the hotel block will be Aug. 28.  There will be no onsite registration.  The fee for privately assigned counsel will be $560, but the program will be free for IDS state employees.  There is a new online registration system being used that will require first-time users to create an account, but if any issues should arise, please contact registration@sog.unc.edu/919.966.4414 or check the FAQ page.  For further questions contact either Tanya Jisa or Phil Dixon,Jr.

wvpviw

Registration is open for the 2018 Parent Attorney and Juvenile Defender Conferences until 5 p.m. Friday, Aug. 3.  The Parent Attorney Conference will be held Thursday, August 16, and Juvenile Defender Conference will be held Friday, August 17.  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, offer approximately six hours of CLE credit, and feature speakers from across the state.  The conferences are free for IDS state employees but there is a $165 registration fee for privately assigned counsel.  You can register and find further details regarding the Parent Attorney Conference here, or go here for the Juvenile Defender Conference.  For any questions about the conference, please contact Tanya Jisa, or for questions about the course content, please contact Austine Long.

Save the Date!  The Bridging The Gap III Seminar will be in Winston-Salem September 20-21, 2018.  Participants in this seminar will be awarded 10.25 CLE credit hours, including 1.5 credit hours in ethics, professional responsibility and professionalism.  The registration fee is $115.00.  The focus of this seminar will be on client and family relations, and pretrial resolution.  Registration and hotel information will be published in early July.  A block of 40 rooms will be available once the registration is published.  For an attorney to attend he or she must have at least 7 years’ experience.  The “ gap” in Bridging The Gap describes lawyers who have never taken murder cases and are considering taking them on, and lawyers who have taken non-capital murder cases and are considering taking capital cases.  The seminar, hosted by the Office of the Capital Defender, focuses on issues relevant to both non-capital and capital murder cases.  If you have questions or need additional information, please contact Terry Alford.

Job /Funding Opportunity

The Governor’s Crime Commission is soliciting proposals to conduct an assessment study of specific aspects of disproportionate minority contact within the state’s juvenile justice system.  The award will be in the range of $50,000 to $100,000 for a six-month period.  Interested parties can download a copy of the Request for Proposal (RFP) document hereProposals will be accepted until 5 p.m. on Monday, Aug. 6.  For additional information, please check out the GCC website, or if you have questions, contact Lead Juvenile Justice Planner Carlotta Winstead by email or call 919-733-4564.

The National Juvenile Defender Center (NJDC) is currently seeking a research manager.  The ideal candidate will have at least 5 years of experience, a commitment to advancing improvements in juvenile defense policy and practice, a love of research, writing, and critical thinking, and an eagerness to build a career at the intersection of youth justice and social change.  The selected candidate will be responsible for developing and executing research efforts to advance NJDC’s mission, and strengthening the empirical qualities and evaluating the impact of NJDC’s work on the community.  This position will remain open until filled.  For more information please check here.

Mr. Bean Resume Found

The Committee for Public Counsel Services (CPCS) in Massachusetts is currently accepting applications for a Deputy Chief Counsel of the Private Counsel Division, who is a member of the senior management team that develops and implements fiscal, operational, human resource, and legislative policies.  The Private Counsel Division is responsible for delivering legal services to indigent clients through assigned private attorneys in criminal defense trial and post-conviction cases as well as commitment and registration cases for persons convicted of sex offenses.  Applications will be accepted until the position is filled.  For more info please check here.

The Southern Coalition for Social Justice still has an opening for an executive director.   The ideal candidate will have strong organizational, communication, and leadership skills, a demonstrated passion for social and racial justice, and experience in developing successful relationships in diverse communities.  For the full job description, please check the post here, and to apply please send all queries here.

That is all for this week!  We will have more news in the future, so check back soon.

OJD Week in Review: July 9 – 13

Welcome back for the weekly roundup!   This has been one of our most eventful weeks, specifically on our blog, in some time.  We will rehash some of the content we’ve posted here, and also note there are some deadlines approaching in the next few weeks for event registration and job/funding opportunities.

Additionally, while the time to register has passed, check out our brief Q&A with Youth Justice Project Co-Director Ricky Watson, Jr. regarding the National Juvenile Justice Network‘s 2018 Forum, which starts Monday, July 16!  You can see what Ricky had to say us about the Forum here.

New Resource

cropped-whiteojd.pngEarlier this week the Office of the Juvenile Defender (OJD) posted two new resources for juvenile defense attorneys on our site.

The first was a Quick Tips Strategy Sheet to assist attorneys with getting charges reduced or diverting juveniles charged with making a false report concerning mass violence on educational property.  This document was composed to address the increase of juveniles being charged with such felonies since the Parkland school tragedy.  To review the article, please check it out here.

The second resource was a breakdown of the JWise Attorney Access (JAA), which was a database that, as a result of the Raise the Age legislation, is now accessible to juvenile defense attorneys!   This post explains what JAA is, how attorneys can gain access, the benefit to attorneys, and where to find assistance should you encounter any issues.  To read this article, please check it out here.

From Around the Community

RTAThe Office of the Juvenile Defender (OJD) will be hosting a Regional Raise the Age Information Meeting in Asheville on Friday, July 20, from 12 p.m. to 2 p.m.  The event will be held in the Jury Assembly, Room 272, of the Judicial Complex (60 Court Plaza, Asheville, N.C. 28801).  As with the previous  regional information meetings, all juvenile defenders, especially those in Buncombe and its surrounding counties, are invited to attend.  We will discuss the Raise the Age law, OJD’s plan in response to it, and what issues should be addressed going forward.  This will be a discussion, so please bring any of your questions, comments, and concerns about Raise the Age.  If you have questions prior to the meeting, please contact Marcus Thompson by email or call us 919-890-1650.

Late & onsite registration will still be available for the 81st Annual National Council of Juvenile and Family Court Judges Conference until Friday, July 20.  The event this year will take place at the Hyatt Regency Denver at the Colorado Convention Center from July 22 – 25.  The conference will offer presentations/training tracks on  topics such as family law, juvenile justice, child welfare, and family violence.  This conference is judicially-focused and open to all those interested in the improvement of juvenile and family justice.  For registration and further info, please visit the NCJFCJ website here.

Job /Funding Opportunity

The Governor’s Crime Commission is soliciting proposals to conduct an assessment study of specific aspects of disproportionate minority contact within the state’s juvenile justice system.  The award will be in the range of $50,000 to $100,000 for a six-month period.  Interested parties can download a copy of the Request for Proposal (RFP) document hereProposals will be accepted until 5 p.m. on Monday, Aug. 6.  For additional information, please check out the GCC website, or if you have questions, contact Lead Juvenile Justice Planner Carlotta Winstead by email or call 919-733-4564.

The National Juvenile Defender Center (NJDC) is currently seeking a research manager.  The ideal candidate will have at least 5 years of experience, a commitment to advancing improvements in juvenile defense policy and practice, a love of research, writing, and critical thinking, and an eagerness to build a career at the intersection of youth justice and social change.  The selected candidate will be responsible for developing and executing research efforts to advance NJDC’s mission, and strengthening the empirical qualities and evaluating the impact of NJDC’s work on the community.  This position will remain open until filled.  For more information please check here.

The Committee for Public Counsel Services (CPCS) in Massachusetts is currently accepting applications for a Deputy Chief Counsel of the Private Counsel Division, who is a member of the senior management team that develops and implements fiscal, operational, human resource, and legislative policies.  The Private Counsel Division is responsible for delivering legal services to indigent clients through assigned private attorneys in criminal defense trial and post-conviction cases as well as commitment and registration cases for persons convicted of sex offenses.  Applications will be accepted until the position is filled.  For more info please check here.

SCSJ

The Southern Coalition for Social Justice still has an opening for an executive director.   The ideal candidate will have strong organizational, communication, and leadership skills, a demonstrated passion for social and racial justice, and experience in developing successful relationships in diverse communities.  For the full job description, please check the post here, and to apply please send all queries here.

 

Training

Registration is now open for the 2018 Parent Attorney and Juvenile Defender Conferences.  The Parent Attorney Conference will be held Thursday, August 16, and Juvenile Defender Conference will be held Friday, August 17.  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, offer approximately six hours of CLE credit, and feature speakers from across the state.  Attendees must register for both conferences separately and the deadline for registration will be August 3 at 5 p.m.  The conferences are free for IDS state employees but there is a $165 registration fee for privately assigned counsel.  You can register and find further details regarding the Parent Attorney Conference here, or go here for the Juvenile Defender Conference.  For any questions about the conference, please contact Tanya Jisa, or for questions about the course content, please contact Austine Long.

every-day-is-training-day

Save the Date!  The Bridging The Gap III Seminar will be in Winston-Salem September 20-21, 2018.  Participants in this seminar will be awarded 10.25 CLE credit hours, including 1.5 credit hours in ethics, professional responsibility and professionalism.  The registration fee is $115.00.  The focus of this seminar will be on client and family relations, and pretrial resolution.  Registration and hotel information will be published in early July.  A block of 40 rooms will be available once the registration is published.  For an attorney to attend he or she must have at least 7 years’ experience.  The “ gap” in Bridging The Gap describes lawyers who have never taken murder cases and are considering taking them on, and lawyers who have taken non-capital murder cases and are considering taking capital cases.  The seminar, hosted by the Office of the Capital Defender, focuses on issues relevant to both non-capital and capital murder cases.  If you have questions or need additional information, please contact Terry Alford.

Thank you for making it to the end of this week in review.  We have more news and features planned for the coming weeks, so please visit us again soon!

Request for Proposal Announcement from the Governor’s Crime Commission

The Governor’s Crime Commission is soliciting proposals to conduct an assessment study of specific aspects of disproportionate minority contact within the state’s juvenile justice system.  The award will be in the range of $50,000 to $100,000 for a six-month period.  Interested parties can download a copy of the Request for Proposal (RFP) document hereProposals will be accepted until 5 p.m. on Monday, Aug. 6.

For additional information, please check out the GCC website, or if you have questions, contact Lead Juvenile Justice Planner Carlotta Winstead by email or call 919-733-4564.