Week in Review: Nov 4-8

Before we begin.

With respect and gratitude to those who have served and are serving today, The Office of the Juvenile Defender salute you for your service and sacrifice.

The leaves are falling and it’s getting colder, but Raise the Age is just heating up. The Office of the Juvenile Defender is completing training all across the state, have you attended?

A quick reminder about fee applications…Any offense originally charged as a Class E through I felony disposed of in juvenile court after December 1, 2018 is paid at $60 per hour.  For more information about privately assigned counsel rates, click here

RAISE THE AGE TIP OF THE WEEK

Where Can I Find the Law on RTA?

If you want to see the Session Laws which include the Raise the Age changes, see:

  • Senate Bill 413: 2019 Session Amendments to the RTA Bill (Juvenile Justice Reinvestment Act)
  • Senate Bill 257: The final bill budget for Session Law 2017; info pertaining to the Juvenile Justice Reinvestment Act can be found on pages 309-325

You can also check out the NC General Assembly website.  Look under “Bills and Laws,” then “General Statutes.”  You can search by citation or test, or you can look at Chapter 7B under the Table of Contents, and see the most recent changes to statute text on the right side of the statute.

UPCOMING EVENT!

The questions will also be posted on our Facebook page “North Carolina Office of the Juvenile Defender” as well!

Resource!

Juvenile Justice Service Directory: A directory of services to aid in alternative solutions.

Photo Recap!

Eric speaking to the Orange County Bar Association and Austine presenting in Salisbury on Raise the Age!

MAKE SURE YOU CHECK BACK NEXT WEEK FOR MORE OJD NEWS!

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

School Justice Partnership (SJP) logo

Chief Justice Beasley and Governor Cooper Announce School Justice Partnership Initiative

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

MORE INFORMATION/OTHER LINKS

 

Watch this clip from Monday’s Safety Summit

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

IDS and OJD in the the Bar Journal

barjournal

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

Sign Up Now To Receive Updates About Supreme Courts Rules

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

OJD Week in Review: July 29 – August 2

Tip of the week

Is There Such a Thing as a Juvenile MAR?

Yes and no.  While there is no exact corollary to a motion for appropriate relief (MAR) in juvenile court, N.C.G.S. §7B-2600 provides for a hearing on a motion for the court to review an order of the court is in the best interests of the juvenile.  As a result, the court may modify or vacate the order in light of changes in circumstances or the needs of the juvenile.  Subsection (b) specifically refers to delinquency and states that “the court may reduce the nature or the duration of the disposition on the basis that it was imposed in an illegal manner or is unduly severe with reference to the seriousness of the offense, the culpability of the juvenile, or the dispositions given to juveniles convicted of similar offenses.”

RTA Updates

Senate 413 is now law!  Governor Cooper signed the bill yesterday.  This should make the RTA substantive law final and ready to go for December 1.  Stay tuned for updates on training opportunities, resources, and other materials.

The Juvenile Jurisdiction Advisory Committee (JJAC) met this week.  As the body empowered by the General Assembly to monitor and review the implementation of Raise the Age, the JJAC reviewed the status of RTA legislation and budget negotiations, received an update of School Justice Partnerships and filing processes, reviewed Juvenile Crime Prevention Council allocations, and discussed whether to explore recommendation of raising the minimum age of juvenile jurisdiction.  More information about the meeting may be found here.

Speaking of School Justice Partnerships, be sure to check out Chief Justice Cherie Beasley discussing this innovation here.

From Our National Partners: 

Six Policy Priorities for Juvenile Defense | National Juvenile Defense Standards:  Why Juvenile Defense Doesn’t End in the Courtroom

Juvenile defenders can and should play a vital role in policy and justice system reform — and advocates can partner with them to accomplish significant changes that affect youth in the court room and beyond.

This policy update draws on new best practice standards created by the National Juvenile Defender Center (NJDC) with support from Models for Change for juvenile defense attorneys. In addition to the standards themselves, the NJDC also calls on defenders to take action toward broad systemic reform, and encourages advocates to collaborate in these areas:

  1. Ensure early access to counsel.
  2. Establish a presumption of indigence for all youth.
  3. Prevent invalid waiver of counsel.
  4. Challenge disparate treatment and discrimination.
  5. Ensure resources and manageable caseloads for juvenile defenders.
  6. Identify and eliminate harmful conditions of confinement

 To learn  more about this article visit: www.njjn.org/our-work/juvenile-defense-standards-six-policy-priorities