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

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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 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

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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

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: Jan. 7 – 11

Welcome!  We’re coming into another Friday with fresh tips, job, training, and podcast reminders.  We also have a summary of the first Juvenile Jurisdiction Advisory Committee meeting of 2019, which took place earlier this week.

Tip of the Week – No Cookie-Cutter Dispositions!

Remember – disposition MUST be tailored to your specific client (§7B-2500) – don’t be afraid to argue against “cookie cutter” plans.  For example – if your client has no known drug/alcohol history, why should s/he be subject to random drug screens as part of probation?  Ask your client if s/he hunts – depending on the charge your client was adjudicated for, consider requesting the prohibition against weapons be waived if s/he is hunting with a responsible adult.

Job Opportunities

Today is the last day to apply for the Juvenile Law Center‘s Staff Attorney.  The Staff Attorney will work in a highly collegial atmosphere with attorneys, communications, development, and operations staff, and in partnership with colleagues around the state and country.  The work will include litigation, policy advocacy, public education, media advocacy, legal and non-legal writing, training, technical assistance, coordinating state or national reform efforts including organizing and facilitating meetings, and other duties as assigned.  The Staff Attorney will think strategically about opportunities to advocate for child welfare and justice systems that are developmentally appropriate, racially equitable, and supportive of youth, families and communities.  .  To apply, please go here.

On Dec. 1, Indigent Defense Services (IDS) issued a Request for Proposals (RFP) in Caswell, Person, Alamance, Orange, and Chatham counties.  The current contracts for adult noncapital criminal cases at the trial level and per session court cases in those districts will expire on May 31, 2019 and renew on June 1, 2019.  The RFP (RFP #16-0002R) seeks services for adult noncapital criminal cases at the trial level, juvenile delinquency, abuse/neglect/dependency and termination of parental rights, and treatment courts.  Please note that the RFP will not seek offers for potentially capital cases at the trial level, direct appeals or post-conviction cases.  Also, the juvenile delinquency RFP will only include Caswell, Alamance, and Person counties.  The deadline for electronic offers is Feb. 15.  To access the RFP, please check here.

Training

The deadline for applications for the 2019 Juvenile Training Immersion Program (JTIP) Summer Academy is Sunday, Jan. 13.  The JTIP Summer Academy is an annual seven-day intensive training program comprised of sessions from the JTIP curriculum, developed by the National Juvenile Defender Center (NJDC) in conjunction with experts and practitioners from around the country.  It is intended for attorneys who currently defend youth in juvenile court proceedings.  The Academy is targeted at 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.  The JTIP Summer Academy is co-hosted by the National Juvenile Defender Center (NJDC) and Georgetown Law’s Juvenile Justice Clinic & Initiative.  To apply, please find a PDF version of the application here.

every-day-is-training-day

Save the date!  The 2019 Regional Training for Indigent Defense: Special Issues in Complex Felony Cases will be held on March 21 at the East Carolina Heart Institute at East Carolina University in Greenville, N.C.  The training will focus on topics relevant to criminal law practitioners and is open to IDS contract attorneys and privately assigned counsel.  Participants will receive three general CLE credit hours.  Registration should open later this month.

First JJAC Meeting of 2019

On Tuesday, Jan. 8, at the N.C. Division of Adult Corrections and Juvenile Justice building, the Juvenile Jurisdiction Advisory Committee (JJAC) held their first meeting for 2019.   During the meeting, Committee members summarized the plans for the interim Juvenile Age Report, discussed funding recommendations, next steps in planning and new business.

The meeting began with a greeting and review of the minutes from the previous meeting from Committee co-chairs the Honorable Garry Frank and Bill D. Davis before Deputy Secretary for Juvenile Justice William Lassiter began the presentation on the Juvenile Age Report.  Lassiter stated that the future topics in JJAC would include age-appropriate programming in youth development centers and detention centers, hearing presentations from representatives from other states that have implemented Raise the Age legislation, training of stakeholders across the state, business analytics, videoconferencing, and communication planning.  Lassiter mentioned the Committee was currently working on a grant to aid in establishing videoconferencing capabilities statewide.

Lassiter said in multiple stakeholder forums, resources and legislative changes were the biggest concern brought up in each juvenile district.  In addition to the forums, JJAC is also working on establishing new juvenile facility designs, health services, and education, among other things.  There have already been 65 new positions approved for court services to assist with the expected increase in the juvenile justice system and new data collection software is already being utilized.

RTAThe Housing Transfer Subcommittee submitted several recommendations regarding transportation and pretrial custody of juveniles.  It was also pointed out that the recent federal Juvenile Justice and Delinquency Prevention Act of 2018 reinforces the Housing Transfer Subcommittees’ recommendation to house all persons less than 18 years of age in an approved Juvenile Justice Section facility when ordered to be held in custody prior to trial or adjudication.  Part of the legislative recommendations from the subcommittees included defining what motor vehicle offenses would be excluded and including a “beyond a reasonable doubt” standard for gang suppression.

During the discussion on the legislative recommendations, concerns were raised about the legislative directive encouraging school-justice partnerships (SJP), agreements among local stakeholders to divert minor school disciplinary behavior from juvenile court.  Eddie Caldwell spoke on behalf of the Sheriff’s Association, stating the organization supports Raise the Age and believes that the juvenile system has more leverage to work with juveniles than the adult system, providing them with resources and services.  However, the consensus among its members is that SJP only keep kids out of the justice system, preventing them from receiving the services they need.  Caldwell said the greatest concern arises from the vagueness of the language and assumption it can be adopted by all local systems statewide.  Chief District Court Judge Jay Corpening, who piloted one of the first partnerships in New Hanover County, responded that while he appreciated Caldwell’s comments, the program was very successful in his jurisdiction, and that the partnership holds youth accountable by providing effective and appropriate responses without court involvement, and that the result was that schools reported as safer environments.  Members of the Committee invited Caldwell to join them in the SJP subcommittee meeting that followed immediately after the full JJAC meeting to further address concerns with the plan.

AOC Chief Business Officer Brad Fowler discussed AOC funding recommendations, pointing out the need for more district court judges, assistant district attorneys, deputy clerks and legal assistants.  OJD’s request for additional funding for a new assistant juvenile defender was also mentioned and Juvenile Defender Eric Zogry also had a chance to introduce OJD’s new Project Attorney to the Committee.

Director of the Conference of District Attorneys Peg Dorer and Juvenile Resource Prosecutor Rachel Larsen later presented on the funding recommendations for their organization, which included making the Juvenile Resource Prosecutor position permanent to aid in statewide training on juvenile court laws and developing new resources.

At the end of the meeting the Committee voted to accept the changes to the draft of the Juvenile Age report, which only included technical changes, such as grammatical and punctuation, but no substantive changes to the report were made.  Following the adjournment of the full Committee meeting, members broke out into subcommittees to discuss next steps in addressing implementation.

New Resources

Just to bring attention to this once more, we wanted to let everyone know that our latest podcast with forensic psychologist Dr. Cindy Cottle is live!  In this new segment, we talk about Roper v. Simmons, what juvenile defenders should know before contacting an evaluator, the impact that involvement in our current juvenile justice system can have on the mental health of youth, and much more.  You can listen to the podcast here.

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That sums up this week!  Please join us over on Twitter and Facebook for other news and updates throughout the week and we will have more to come soon.