Week in Review: March 16-20

Welcome to Friday, March 20. As we recognize this week was more difficult than most, OJD would like to thank everyone for their patience and dedication to making sure our youth are taken care of, still well represented and fought for. Defenders, you are superheroes.

Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender

Suppression motions and admissions – Give the prosecutor and the court notice of the juvenile’s intent to appeal the suppression order before the juvenile enters the admission AND enter notice of appeal from the dispositional order (not from the suppression order)! 

Court Updates

There have been a few court updates and directives by Chief Justice Beasley to help our community slow the spread of COVID-19. Read below for announcements from the North Carolina Judicial Branch and NCAOC Communications.

On March 13, she issued two emergency directivespostponing most cases in superior and district courts for 30 days and instructing local officials to take steps to limit the risk of exposure in courthouses.

On March 15, 2020, Chief Justice Beasley issued a memo providing guidance to local judges, clerks, and district attorneys as they worked to implement earlier directives. The memo allowed for the public and court personnel to practice social distancing and other preventative measures recommended by the North Carolina Department of Health and Human Services and the Center for Disease Control. 

On March 19, she announced an order extending filing deadlines and further curtailing other court processes. The order states that documents due to be filed from March 16 to April 17 will be deemed timely filed if received before the close of business on April 17, 2020, and that any actions required to be done during that time can also be postponed until April 17, 2020. 

If you have any questions regarding these orders, please contact your local clerk or visit the Juno website.

North Carolina Celebrates 50 Years of Public Defense

March 18 was declared Public Defender Day in North Carolina by Chief Justice Cheri Beasley and Governor Roy Cooper. The first public defender office opened in January, 1970 in Guilford County. Cumberland and Hoke counties opened offices in the summer that same year. 

OJD is an office full of public defenders and we are happy to help train, develop and support those who currently support our juvenile justice community, those who are just starting juvenile work, and those who will in the future. Here’s a couple shots of OJD in their Anniversary shirts (well, Eric and LaTobia).

Week in Review: Feb 24-28

If I told you that OJD had the busiest week, would you believe us? From grant meetings to trainings, the work never stops when OJD is making juvenile justice a bit better in North Carolina.

Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender

N.C. Gen. Stat. § 7B-2408.5 governs suppression motions in juvenile court. Under the statute, the suppression motion must include an affidavit. In adult cases, the failure to include an affidavit waives the suppression issue, even on appeal. State v. Holloway, 311 N.C. 573 (1984).

Upcoming Trainings

Remember! OJD is reporting and covering CLE fees.

Juvenile Enhancement Training Recap

First, OJD would like to thank all of our guest speakers who presented at the Juvenile Enhancement Training: Dr. Julianne Ludlam, Dorothy Hairston-Mitchell, Kim Howes, Terri Johnson, Eric Zogry, L. Chantel Cherry-Lassiter & Mary Stansell. We appreciate your time and effort to make this CLE possible and a success. A big thank you to Austine Long for organizing and scheduling this event, and one to LaTobia for getting the materials printed and arranged so nicely.

Topics covered included: Raise the Age, Adolescent Behavior, Collateral Consequences, Interviewing and Expunctions. It was a long but educational day. Subscribe to our blog for more training announcements. Take a look at some photos below!

Next up, UNC SOG Intensive. See you next week!

Week in Review: Feb 17-21 (Corrected)

This post has been edited to correct CLE presentation information due to inaccurate names. MY APOLOGIES! – LaTobia

Happy SNOW DAY Friday Readers! Parts of North Carolina are covered in snow but that doesn’t mean that OJD takes a break. We’re still working hard even if we want to go make snow angels.

Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender

More on Motions to Dismiss – If there are specific elements that you believe are not satisfied by the evidence, argue about those elements after you raise the general arguments outlined in last week’s tip. If the judge asks for specific variance arguments and you are not aware of any, tell the
judge that you are raising a variance argument to preserve the issue for appeal. Prior case law finds that if there is a variance between the offenses alleged in the petitions and any offense for which the state’s evidence may have been sufficient and that adjudicating the juvenile delinquent of those offenses would violate Due Process under the United States and North Carolina constitutions.

Wake County Bar CLE

Eric & Tawanda Foster presented a CLE at the Wake County Bar Association Tuesday. Take a look at Tawanda present below.

Take a look at Eric who presented with LaToya Powell February 14, on how Raise the Age and School Justice Partnerships impact racial and ethnic disparities in the juvenile justice system.

Juvenile Enhancement Training

This image has an empty alt attribute; its file name is juvenhancementflyer.jpg

We’re days away from our Juvenile Enhancement Training. We have a wide wealth of knowledge headed to AOC to train our defenders on varying Juvenile Justice Topics. Make sure you check back next week for a round-up of just how we did that!

2020 Intensive Juvenile Defender Training

The UNC School of Government has announced their 2020 Intensive Juvenile Defender Training. The deadline for registration is quickly approaching. The training will offer approximately 12.75 hours of CLE credit, which includes one hour of ethics. To read the full post and register before February 26, click here.

One More Thing!

Have you seen our Who We Are page? There’s been an update [with one more to come ;)]. Take a look here.

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!

2020 JTIP Summer Academy

The deadline for applications to the 2020 JTIP Summer Academy is fast approaching! Applications are due no later than January 12th, 2020, 11:59 PM EST.

*If you have already applied for the JTIP Summer Academy or you plan to submit an application, please contact Austine Long as soon as possible.

The National Juvenile Defender Center (NJDC) and Georgetown Law Juvenile Justice Initiative are excited be accepting applications for the 2020 Juvenile Training Immersion Program (JTIP) Summer Academy, which will be held in Washington, DC from May 31 – June 6, 2020.

The Summer Academy is intended for both new and experienced juvenile defenders. New defenders will develop the skills they need to zealously represent their clients. More experienced juvenile defenders will have the opportunity to refine their skills and enhance their effectiveness by employing defense strategies that incorporate the unique aspects of representing youth in delinquency cases. The program is also designed to build community and equip juvenile defenders with skills they can share with colleagues in their home state.

For more information on how to apply visit https://njdc.info/our-work/jtip/jtip-summer-academy/ or see the attached application.

  • Applications are to be submitted via email to lawjtipsummer@georgetown.edu, using the official PDF application. Please save your application with “First Name Last Name” as the file name.
  • The deadline for application submission is January 12th, 2020, 11:59 PM EST. Late applications will not be considered.

Apply today!

RAISE THE AGE IS IN EFFECT!

As of Sunday 12/01/2019 at 12:00 AM the Raise the Age initiative is in effect. That means that any 16 and 17 year old who commit crimes (with exceptions) will no longer be charged as adults.

For more information about implementation, please feel free to contact the NC Office of the Juvenile Defender at 919-890-1650.

OJD Week in Review: August 26-30

picture2.png

 

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.