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!

Intensive Juvenile Defender Training, March 4-5, 2020

From the UNC School of Government:

We are excited to announce that the 2020 Intensive Juvenile Defender Training, cosponsored by the School of Government and the Office of Indigent Defense Services, will be held on March 4-5, 2020 at the UNC School of Government.

It is designed for attorneys representing juveniles in delinquency proceedings for less than two years or who have not practiced in this area for a period of time. The course will include, among other topics, sessions on detention advocacy, pre-adjudication investigation and discovery, juvenile capacity, suppression, dispositions, and the impact of the Raise the Age legislation.

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

PARTICIPANTS: The Intensive Juvenile Defender Training is open to public defenders and private attorneys who represent juveniles in delinquency proceedings or attorneys who want to practice in this area.

TIMES: Check-in will be on Wednesday, March 4, 2020 from 8:30 am, and the program will begin at 9:00 am. The program ends on Thursday March 5, 2020 at 5:00 pm.

REGISTRATION: To register online, as well as to find directions and other program information, please visit: https://www.sog.unc.edu/courses/intensive-juvenile-defender-training

The registration fee for private assigned counsel is $310. Thanks to support from IDS, there is no fee for IDS employees. Pre-registration is required and space is limited; the online registration deadline is 5:00pm on wednesday Feburary 26, 2020. There is no onsite registration.

HOTEL INFORMATION: A block of rooms has been set up at the newly renovated Holiday Inn Express Chapel Hill with a rate of $84.00 plus tax. The rate includes a full deluxe hot breakfast and Wi-Fi. To reserve a room online please click the link  Intensive Juvenile Defender    To reserve a room by phone call the hotel at 919-489-7555 and provide the name Group Code “I J D”. To receive the discounted rate reservations must be made no later than February 14, 2020.

TRAVEL REIMBURSEMENT – STATE EMPLOYEES ONLY: If you are an IDS employee, your eligibility for travel reimbursement at the state rate is contingent upon state rules and regulations. For all questions regarding travel reimbursement, please contact Elisa Wolper at 919-354-7243 or elisa.wolper@nccourts.org.

ADDITIONAL INFORMATION: We look forward to seeing you in March.  If you have any questions or would like additional information, please contact me, Kate Jennings – Program Manager – at jennings@sog.unc.edu or Professor John Rubin at rubin@sog.unc.edu.

Week in Review: Dec 16-20

Happy Friday Readers! We’re back with another Week in Review and a great Raise the Age Tip for you. The office has been buzzing with questions regarding procedure and changes due to RTA. What are some things you’ve run into since its implementation? Share with us in the comments.

RAISE THE AGE TIP OF THE WEEK!

Where Is My Client Being Held?

All juveniles under the 18 shall be held in a juvenile detention center or in a facility approved by the Juvenile Justice Section of the Division of Adult Corrections and Juvenile Justice.  This also includes juveniles who have been transferred to superior court.  If a juvenile has been transferred to superior court and turns 18 while awaiting competition of the case, the juvenile is to be held in the custody of the sheriff where the charges arose.

Assistant Juvenile Defender Interviews

OJD has started the very hard processing of interviewing for our new Assistant Juvenile Defender. They’ll be positioned in the Western part of NC and will be working to establish a focal resource point for all things juvenile delinquency, community building and training. Can you tell we’re going to have a hard time choosing just one? Everyone is already amazing.

If you haven’t seen it already, take a look at Eric’s Holiday Video.

With less than a week away from Christmas, we hope you have all your shopping out the way. If not, be safe and grab a hot chocolate or two. Stay warm!

Week in Review: Dec 9-13

Happy Friday Readers! It’s been a quiet week for OJD as we prepare to interview our potential new Assistant Juvenile Defender! So many great candidates, this is going to be so tough! Good luck to everyone!

Defenders,

We have a new template motion available for you to use for your 16 & 17 year old clients who are in secure custody for an A-G felony petition. The motion may be used when requesting a secure custody hearing prior to the original 30 day review. You can find the motion here.

RAISE THE AGE TIP OF THE WEEK:

What Is the Process for Indictment?

Once a petition is filed against a juvenile, the prosecutor may submit the petition to a grand jury for indictment.  Unlike in adult criminal court where the prosecutor submits a bill of information prior to charges being filed, in juvenile court the grand jury process starts after the formal charging process (petition filed) begins.  If an indictment is handed down against the juvenile and the juvenile is given notice, the juvenile court must transfer the case to superior court.

Useful Resource Reminder:

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

Enjoy your weekend!!!

Week in Review: Dec 2-6

Welcome to the Merriest Month of All (but really, Raise the Age December!) Sunday, December 1st marked the official start of the Juvenile Justice Reinvestment Act (Raise the Age :D) and OJD couldn’t be more proud or more excited about this change in NC law.

DEFENDERS PLEASE NOTE: “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

What Is the Process for Indictment?

Once a petition is filed against a juvenile, the prosecutor may submit the petition to a grand jury for indictment.  Unlike in adult criminal court where the prosecutor submits a bill of information prior to charges being filed, in juvenile court the grand jury process starts after the formal charging process (petition filed) begins.  If an indictment is handed down against the juvenile and the juvenile is given notice, the juvenile court must transfer the case to superior court.

Twitter Town Hall

On Monday, OJD hosted a Twitter Town Hall to discuss and answer questions about the many different facets of #RaiseTheAgeNC. Take a brief look at some of the questions and if you have any answers, comment on this post and let us know!

NEW AOC FORMS

New Juvenile forms (J- forms) were posted to nccourts.gov on Monday which means there are new forms for our defenders to know about. These will also be listed on our Forms Page, but you can visit the updated list here.

DEFENDERS!

We have an amazing new resource for you! If you attend an IDS / OJD sponsored training, you’ll receive one of these amazing Raise the Age Quick Guides!

That’s all for this first week of December! Stay tuned for update and information brought to you by the Jolly OJD Office!

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

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.