Week in Review: June 8-12

Welcome to the start of your weekend, but of course we couldn’t leave without another week in review.

Tip of the Week

Before You Plea: Talk to your client about the impacts of an adjudication.  While not as public as adult criminal convictions, juvenile adjudications may impact the following: immigration status, educational placement, housing conditions, eligibility to play sports, placement on a sex offender registry (in N.C. or other states) and others.  Always consider the long-term consequences of what may first appear to be a short-term decision.

Training

Today is the last day of the 2020 SJDC Virtual Summit. There’s still time to register for another great topic: Where Do We Go From Here: Juvenile Defense Post COVID-19 with Moderator: Rob Mason and Panelists: Amy Borror, Kristen Rome, Eric Zogry. Click here for the registration link. CLE will be offered as well. This course starts at 2:00 PM

Upcoming Webinar, Thursday, June 25, 3:00PM: Best Practice Interviewing of Children in Sexual Abuse Cases. Dr. John Helminski is presenting and is a licensed psychologist who is board certified in forensic psychology. He acts as a consultant to attorneys in cases of child maltreatment with extensive experience conducting forensic and psychological assessments in child abuse cases. Please use this link to register.

While not a CLE course, OJD is starting our Juvenile Defender Forums. This will be an opportunity to meet your regional juvenile defender and network with other juvenile defense attorneys in your district. Keep a watch out for your email invite!

Lastly… Earlier this week, OJD released a statement regarding the recent protests and killing of George Floyd. You can read that here.

That will wrap up another great week at OJD. Thank you for stopping by and we’ll see you (virtually) soon!

OJD Week in Review: July 22 -26

This week there is a new tip and just the single training reminder.  Please make sure to subscribe to the OJD blog and follow our OJD Twitter and Facebook pages as well to get updates, relevant articles, and other juvenile defense-related content throughout the week. Have a wonderful week and remember knowledge is power!!

Tip of the Week

Relevant Ages in Juvenile Court (Other than Age of Jurisdiction)

While NC is poised to raise the age of juvenile jurisdiction, here are some other relevant ages in the Juvenile Code:

6 Earliest age (date of criminal act) one can be a delinquent juvenile or undisciplined juvenile.
10 Youngest age an alleged delinquent juvenile may be fingerprinted or photographed.
Youngest age a delinquent juvenile may be committed to a youth development center.
11 Youngest age a delinquent juvenile may be registered as a juvenile sex offender.
13 Youngest age an alleged delinquent juvenile may be transferred to superior court.
Under 16*

(as of 2015)

Age at which an alleged delinquent juvenile’s admission or confession must be excluded if the juvenile’s parent/guardian or attorney was not present during an in-custody interrogation.
16-18 Age at which an alleged delinquent juvenile must be notified of the right to have a parent or guardian present, as well as an attorney, before an admission or confession may be used against the juvenile.

Training 

Parent Attorney and Juvenile Defender conferences Registration end today at 5 PM

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.

Job Opportunity

The Council for Children’s Rights (CFCR) serves as the public defender for children in Mecklenburg County. Through a contract with the North Carolina Office of Indigent Defense Services, CDT attorneys represent all children charged with crimes in juvenile delinquency court. In addition to performing the public defender role in juvenile court, CDT represents every child who is facing civil commitment to a mental health hospital or residential treatment facility. As expressed-interest attorneys, CDT causes children’s voices to be heard in court and protects their constitutional and statutory rights.  CFCR is the only specialized juvenile defense agency in North Carolina.

CFCR is looking to hire a Director of the Children’s Defense team.  For more information, click here.

Articles

Registration of Juvenile Offenders

Recent publication and updates on “SORNA”  Sex  Offender Registration  Notification Act  In 2016, the Supplemental Guidelines for Juvenile Registration under the Sex Offender Registration and Notification Act were published in the Federal Register. However,  North Carolina has not yet  implemented this act. To learn  more about SORNA visit: www.smart.gov/caselaw/Case-Law-Update-2019-Compiled.pdf

Dual Jurisdiction Youth

UNC School of Government Professor Jacqui Greene, who co-authored a bulletin on “dual jurisdiction youth,” those youth in both the child welfare and delinquency courts, has written a follow up article on the intersection of dual jurisdiction youth and the upcoming RTA changes.

Legislation

Senate Bill 413, which includes recommendations from the Juvenile Jurisdiction Advisory Committee, passed the House and has passed in the Senate for concurrence.  It was presented to the governor for his signature on July 24th. 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.

 

OJD Week in Review: Apr. 29 – May 3

Happy Friday!  This week there are just lots of reminders, so please note every deadline as many are approaching in the next week, and there is one new job opportunity and a new tip for you.

Tip of the Week – North Carolina’s Juvenile Sex Offender Registry

North Carolina has a separate, non-public sex offender registry for juveniles.  The court may only register a juvenile if:

  • they are 11 years or older at the time of the offense
  • have been adjudicated of first degree rape or sexual offense, second degree rape or sexual offense, or attempt of either offense
  • and the court finds that the juvenile is a danger to the community

To date, North Carolina has not adopted the Adam Walsh Act, or Sex Offender Registration and Notification Act (SORNA) which can require public, lifetime registration.  However, if your client ever moves to a state that has adopted SORNA…. (see Tip from 4/12/19 post).

Job and Fellowship Opportunity

The Louisiana Center for Children’s Rights (LCCR) is currently seeking applications for Mitigation Specialists in New Orleans and Baton Rouge to conduct mitigation investigations for Miller or Montgomery cases throughout the state.  The Mitigation Specialist will be responsible for the investigation and development of competent, thorough, and quality mitigation in accordance with statewide performance standards, the American Bar Association Guidelines, and national best practices.  The application deadline for both positions is May 17.  To apply, please check here to apply for the New Orleans position and here to apply for the Baton Rouge opening.

jobapplogic

The National Juvenile Defender Center (NJDC) is currently seeking applications for two positions: a Staff Attorney and a 2019-2020 Gault Fellow.  The staff attorney is a mid-level position who 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.  This position is open until filled.  The 2019-2020 Gault Fellow is a one-year fellowship opportunity that will run concurrently with the first year of the 2019-2021 Gault Fellowship.  The Gault Fellows collaborate with NJDC staff to develop legal and policy initiatives around a broad range of juvenile defense issues.  The Fellows perform extensive legal research and analysis for NJDC and assist with the provision of training and technical assistance to the juvenile defense community.  This position is an entry-level position intended for recent law school graduates and current 3L/4LEs (Class of 2018 or 2019).  The application deadline is Monday, May 6.  For more information, please go here.

The Forsyth County Public Defender’s Office is currently seeking a new assistant public defender.  The selected candidate will represent indigent clients charged with misdemeanor criminal offenses and will be expected to analyze laws, facts, written documents, conduct legal research, develop litigation strategies.   For the full job description and to apply, please go here.

Training

The National Juvenile Defender Center (NJDC) is thrilled to be hosting the 2019 Juvenile Defender Leadership Summit in West Palm Beach, FL from October 25 – 27.  As in years past, we look to our community of juvenile defense attorneys and juvenile policy advocates to help us build a vibrant and thought-provoking agenda that answers to the community’s needs.  For more on the proposals, how to submit, and the selection criteria, please find more info here.  All workshop proposals are due on May 6, 2019.  If you have any questions about the proposal or the proposal process, please feel free to contact NJDC’s Director of Training and Technical Assistance Tim Curry by email or call 202-452-0010.

The Southern Juvenile Defender Center (SJDC) proudly announces the ninth annual Regional Summit, taking place in New Orleans, Louisiana, June 7-8, 2019.  You’re invited to come together with your colleagues from across the Southern states to participate in this one-of-a-kind program.  If interested in attending, please register here for the Summit before Monday, May 13.  For out-of-state attorneys, partial scholarship assistance is available to cover lodging expenses on first-come, first-served basis.  Scholarship recipients must be willing to share a two-bed hotel room with another attendee and to pay $25 per night toward the cost of the room.  To inquire about a scholarship, contact Randee J. Waldman and Richard Pittman.  The deadline for scholarship applications is Thursday, May 9th.  CLE credits have been applied for.  For more information on lodging, the agenda, and fees, please visit the Eventbrite page here.

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!)

yoda training

The online registration deadline for the 2019 Defender Trial School, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, will be June 25.  The event will be held Monday, July 8, through Friday, July 12, at the School of Government on the UNC-Chapel Hill campus.  Defender Trial School participants will use their own cases to develop a cohesive theory of defense at trial and apply that theory through all stages of trial, including voir dire, opening and closing arguments, and direct and cross-examination. The program will offer roughly 29 hours of general CLE credit.  The Defender Trial School is open to public defenders and a limited number of private attorneys who perform a significant amount of appointed work.  IDS has expanded the number of fellowships available to cover the registration fee, but please note there is a limited number of fellowships.  If you have any questions or would like additional information, please email Kate Jennings or Professor John Rubin or call 919-962-3287/919-962-2498.  To register, find a fellowship application, see the agenda, or find any other information, please check out the course page here.

The Center for Juvenile Justice Reform (CJJR)‘s Youth in Custody Certificate Program will 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.

From Around the Community

In honor of the 52nd anniversary of In re Gault, the Supreme Court decision that ultimately allowed children the right to counsel, the National Juvenile Defender Center will be hosting “The Story of (In)Justice” in at the Mayflower Hotel in Washington, D.C. on May 15.  The event will take place from 6 – 8 p.m. and will feature and honor Yusef Salaam, a community activist and Central Park Five exonoree,  and Sarah Burns, award-winning filmmaker and author of The Central Park Five.  To register and learn more about this event, please check the link here.

That’s it for this week.  Please make sure to subscribe to the blog if you haven’t already and head over to Twitter and Facebook, like and follow us!  Also, N.C. juvenile defenders, please contact us to be added to our listserv.  Nothing more to add beyond that… but have a great weekend.

 

OJD Week in Review: Apr. 8 – 12

Welcome to your new Friday!  This week we have a new fellowship, even more training announcements, a new tip, and the standard reminders.

Tip of the Week – Juveniles and SORNA (Sex Offender Registry & Notification Act)

If your client has been adjudicated or admitted to a sex offense, be sure to advise him/her about possible collateral consequences of SORNA (Sex Offender Registry and Notification Act).  Even though NC doesn’t have a mandatory juvenile registry, if your client moves to another state that would require registration, s/he will have to register there.  This applies to residential treatment facilities as well.  Please contact our office and we can let you know if the state requires registration.  In addition, counsel your client regarding an expungement if the adjudication is eligible to avoid issues with attending college out of state as well.  We have an expunction toolkit and reminder card available on our website here.

Training

reminder

The 2019 Defender Trial School, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, will be held Monday, July 8, through Friday, July 12, 2019, at the School of Government on the UNC-Chapel Hill campus.  Defender Trial School participants will use their own cases to develop a cohesive theory of defense at trial and apply that theory through all stages of trial, including voir dire, opening and closing arguments, and direct and cross-examination. The program will offer roughly 29 hours of general CLE credit.  The Defender Trial School is open to public defenders and a limited number of private attorneys who perform a significant amount of appointed work.  The agenda will be posted to the course page soon, and an announcement will be sent out as soon as registration opens.  Until then, please save the dates if you’re interested in attending!  If you have any questions or would like additional information, please email Kate Jennings or Professor John Rubin or call 919-962-3287/919-962-2498.

The Southern Juvenile Defender Center (SJDC) proudly announces the ninth annual Regional Summit, taking place in New Orleans, Louisiana, June 7-8, 2019.  You’re invited to come together with your colleagues from across the Southern states to participate in this one-of-a-kind programIf interested in attending, please register here for the Summit before May 13.  For out-of-state attorneys, partial scholarship assistance is available to cover lodging expenses on first-come, first-served basis.  Scholarship recipients must be willing to share a two-bed hotel room with another attendee and to pay $25 per night toward the cost of the room.  To inquire about a scholarship, contact Randee J. Waldman and Richard Pittman.  The deadline for scholarship applications is May 9th.  CLE credits have been applied for.  For more information on lodging, the agenda, and fees, please visit the Eventbrite page here.

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!)

The Center for Juvenile Justice Reform (CJJR)‘s Youth in Custody Certificate Program will 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.

TRAINING--DEVELOPMENT

Job and Fellowship Opportunity

The National Juvenile Defender Center (NJDC) is currently seeking applications for two positions: a Staff Attorney and a 2019-2020 Gault Fellow.  The staff attorney is a mid-level position who 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.  This position is open until filled.  The 2019-2020 Gault Fellow is a one-year fellowship opportunity that will run concurrently with the first year of the 2019-2021 Gault Fellowship.  The Gault Fellows collaborate with NJDC staff to develop legal and policy initiatives around a broad range of juvenile defense issues.  The Fellows perform extensive legal research and analysis for NJDC and assist with the provision of training and technical assistance to the juvenile defense community.  This position is an entry-level position intended for recent law school graduates and current 3L/4LEs (Class of 2018 or 2019).  The application deadline is May 6, 2019.  For more information, please go here.

The Forsyth County Public Defender’s Office is currently seeking a new assistant public defender.  The selected candidate will represent indigent clients charged with misdemeanor criminal offenses and will be expected to analyze laws, facts, written documents, conduct legal research, develop litigation strategies.   For the full job description and to apply, please go here.

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?  To learn more or apply, find additional info here.  The deadline to apply for the fellowship will be 11:59 p.m. on April 29th.

That is all for now.  For the weekly/daily updates and shared articles regarding the juvenile justice community, please head over to Twitter and Facebook, like and follow us, and make sure to subscribe to the blog!

OJD Week in Review: Apr. 9 – 13

This week we’ve got a new resource we wanted to bring attention to regarding sex offender registration and a few new events to add to the previous week’s rundown.

From Around the Community

Registration is now open for the 81st Annual National Council of Juvenile and Family Court Judges Conference.  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.

Recertification pic

We would like to take a moment to recognize those who recently received renewed certification to specialize in juvenile delinquency during the Annual Luncheon of the N.C. State Bar Board of Legal Specialization.  Congratulations to (from left to right) Juvenile Chief of the Wake County Public Defender’s Office and Chair of the Juvenile Specialty Committee Mary Stansell, Regional Defender at N.C. Indigent Defense Services Valerie Pearce, and Juvenile Defender Eric Zogry.  Union County Attorney Anna Goodwin, who is also a member of the Juvenile Specialty Committee, was also in attendance.

The Center for Juvenile Justice Reform and the Council of State Governments Justice Center will host the 2018 Janet Reno Forum on May 21 at  Georgetown University in Washington, D.C.  The forum will highlight strategies for restructuring juvenile justice systems to more effectively enhance public safety and improve outcomes for youth.  The event will include the presentation of the second annual Janet Reno Endowment Women’s Leadership Award, and attendees will receive a publication featuring the highlighted strategies.  Policymakers, practitioners, researchers, advocates, and other stakeholders are invited to attend.  Please register here.

New Resource

Since North Carolina does not automatically require juveniles to register if they’ve been adjudicated of a sex offense, many defenders don’t think to discuss sex offender registration with their clients.  However, your client may be required to register if your client moves to another state, attends college out of state, or goes to Virginia or South Carolina for treatment.  This resource – A Snapshot of Juvenile Sex Offender Registration and Notification” will help you to advise your clients of potential issues if they leave North Carolina.  Please note that the manual is from 2010, so be sure to double-check that no new laws have been passed since then, but it’s a great starting point.  Additionally, if you find that DJJ is recommending sending your client for treatment in a state that will require your client to be on its sex offender registry (notably Virginia and South Carolina), please contact our office.  We have a motion for you to file to ask the court to enter an injunction regarding placement in a facility that would require the juvenile to register (and it’s been successful – many judges don’t understand this either).

Training

Disability Rights North Carolina will be hosting its 2018 Disability Advocacy Conference next Thursday, Apr. 19.  The conference offers 5.0 CLE credits for lawyers, which includes 1.0 credit hour for substance abuse/mental health awareness.  Sessions include parental rights, restrictive interventions in public schools, guardianship reforms, and a session exclusively tailored to attorneys titled “Recognizing and Responding to a Lawyer with a Mental Health Disorder”, just to name a few.  To learn more about this event and register please visit their web page here.

Registration is now open for N.C. Bar Association’s annual meeting, this year titled “The Future of Law”.   This event will be hosted at the Wilmington Convention Center from June 21 – 24.  For those who register before May 1, a President’s Luncheon ticket and 6.0 CLE credit hours will be included with the registration price.  Topics covered will include artificial intelligence, virtual reality, design thinking in the law, and the future of legal service delivery.  For further info and to register please check out the NCBA website and the event brochure.

RTA

On May 10, the N.C. Bar Association will be hosting “Raise the Age: A New Era for Juvenile Justice in North Carolina” at the N.C. Bar Center in Cary, from 8:25 a.m. to 3 p.m.  This seminar promises to expand attendees’ understanding of the Juvenile Justice Reinvestment Act and its practical and ethical implications.  Attendees will receive 5.5 CLE credits total, with 1.0 CLE credit in Ethics/Professional Responsibility and 4.5 General CLE credits.  For further details about this event, please check the website here.

We hope you saved the date!  It was recently announced that the 2018 Defender Trial School, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, will be held Monday, July 9 through Friday, July 13, 2018, at the School of Government on the UNC-Chapel Hill campus.  Defender Trial School participants will use their own cases to develop a cohesive theory of defense at trial and apply that theory through all stages of trial, including voir dire, opening and closing arguments, and direct and cross-examination.  The program will offer approximately 30 hours of general CLE credit and qualifies for NC State Bar criminal law specialization credit.  The Defender Trial School is open to public defenders and a limited number of private attorneys who perform a significant amount of appointed work.  Further details will be provided on the course page in the near future.  Any questions or requests for additional info should be directed to Tanya Jisa at jisa@sog.unc.edu / 919.843.8981 or Professor John Rubin at rubin@sog.unc.edu/ 919.962.2498.

23777394-Save-the-date-grunge-rubber-stamp-on-white-vector-illustration-Stock-Vector

Job Opportunities

The National Center for Youth Law (NCYL) is seeking a mid-level policy attorney to handle youth justice issues in Santa Clara County.  Applications will be accepted until Sunday, Apr. 15, so get yours in soon!  For further details and to apply please check here.

The National Juvenile Justice Network (NJJN) is still accepting applications for its 2018-19 Youth Justice Leadership Institute.  This is an annual year-long fellowship program that selects 10 people of color working as professionals in the juvenile justice field to participate in a curriculum to develop their leadership and advocacy skills.  The fellowship can be completed with the fellows’ current employment, so those selected will not have to leave their jobs to participate in the Institute.  The fellowship will include two fully financed retreats, mentoring and frequent distance learning opportunities.  Applications for the Institute (found here) must be submitted by Apr. 23.

The National Juvenile Defender Center (NJDC) is currently hiring a strategic communications manager.  The individual in this position will be responsible for crafting organizational messaging, overseeing editorial excellence, and working with leadership to implement a communications strategy that is creative, forward-thinking, and reflective of NJDC’s vision.  This position will remain opened until filled.  To find further info about the position and how to apply, please go here.

The UNC School of Government is seeking a tenure-track full-time permanent assistant professor of juvenile justice and criminal law.  The selected candidate for this position will be expected “to write for, advise, plan courses for, and teach” public officials, including judges, magistrates, law enforcement, prosecutors and defenders.  Applications will remain open until the position is filled.  The expected starting date for the new hire will be July 1.  Please find the full details for the position and how to apply here.

This will do it for now.  We will be in contact with a few members of the N.C. juvenile defender community soon, providing a survey to gather feedback to improve our communications as we did last year.  If you do not receive an email from us with a link to the survey, please feel free to contact us any time with your thoughts for our blog, podcast, Facebook, Twitter, or the listserv.    We are always seeking ways to provide better support to defenders.  Thank you for reading and we will be sure to share more next week!

New Resource: A Snapshot of Juvenile Sex Offender Registration and Notification

Defenders,

Since North Carolina does not automatically require juveniles to register if they’ve been adjudicated of a sex offense, many defenders don’t think to discuss sex offender registration with their clients.  However, your client may be required to register if your client moves to another state, attends college out of state, or goes to Virginia or South Carolina for treatment.  This resource – A Snapshot of Juvenile Sex Offender Registration and Notification” will help you to advise your clients of potential issues if they leave North Carolina.  Please note that the manual is from 2010, so be sure to double-check that no new laws have been passed since then, but it’s a great starting point.

Additionally, if you find that DJJ is recommending sending your client for treatment in a state that will require your client to be on its sex offender registry (notably Virginia and South Carolina), please contact our office. We have a motion for you to file to ask the court to enter an injunction regarding placement in a facility that would require the juvenile to register (and it’s been successful – many judges don’t understand this either).

OJD Week In Review: Jan. 29-Feb. 2

This week we’ve been promoting some great new resources and opportunities, and continuing our momentum from the past few days, we just want to rehash a few things and introduce some other good nuggets for you all:

NCCRED Wants YOU

NCCREDThe North Carolina Commission on Racial and Ethnic Disparities (NCCRED) has opened applications for a new executive director.  The organization seeks an executive director  who can provide organizational leadership, racial equity coalition building, and can manage its commission committees and initiatives.  Top candidates will have a passion for racial justice and criminal justice reform, excellent communication skills, the ability to manage a wide variety of organizational priorities, comfort with conflict and engaging in robust dialogue with people of differing views and experience in criminal justice reform.  Applications will be accepted until Feb. 15.  Please find the details about the position and how to apply here.

New Resources

The North Carolina Office of Indigent Defense Services (IDS) is excited to announce a new resource for counsel representing appointed clients.  As you know, the Supreme Court held in Padilla v. Kentucky, 559 U.S. 356 (2010), that the effective assistance of counsel may require counsel to provide advice about the potential immigration consequences of the possible resolutions of the case.  In order to assist counsel in meeting the requirement of Padilla, IDS has contracted with two experienced immigration attorneys who will provide immigration consultations for counsel representing appointed clients.  An Immigration Consequences page has been added to IDS’ website, where you will find an explanation of the process, a link to an on-line form that you can use to request immigration advice, and a printable version of the form that you can use when interviewing your client or otherwise gathering the required information.

The National Criminal Justice Reference Service (NCJRS) has recently launched a Teen Dating Violence feature on its website.  This page offers links to the National Dating Abuse Helpline along with various publications and other resources to help victims and others involved with people who need aid or just want to be educated on the issue.   Their pages also provide further links to information on domestic violence, sexual assault, and “special populations”, including juveniles.

The Office of Juvenile Justice and Delinquency Prevention has also released an updated review on “Interactions Between Youth and Law Enforcement“.  This document compiles research from various organizations, analyzing youth-initiated and police-initiated interactions, the impacts of such interactions on the juvenile justice system, police training programs, diversion programs and more.  The full review can be found here.

Training Opportunities

Registration is still open for the “Advocating for Youth Charged with First Degree Murder” training until Feb. 15.  We want to make sure that everyone, especially those in the juvenile defense community, have a chance to take advantage of this valuable training.  Please be sure to check it out here and we will continue to offer light reminders in the coming weeks.

i-love-training-trainings-my-favoriteThe Center for Juvenile Justice Reform (CJJR) is accepting applications for its Youth in Custody Certificate Program, to be held June 11–15, 2018, at Georgetown University in Washington, DC.  This training is designed for juvenile justice system leaders and partners working to improve outcomes for youth in post-adjudication custody.  The curriculum covers critical areas, including culture change and leadership, addressing racial and ethnic disparities, family engagement, assessment, case planning, facility-based education and treatment services, and reentry planning and support.  Upon approval of a Capstone Project Proposal initiating or building on local reform efforts, participants receive an Executive Certificate from Georgetown University and join the CJJR Fellows Network of more than 850 individuals.  Applications will be accepted until March 2.

 

That will be all for this week.   There is plenty more to come in the next few weeks, so check back here early and often.  Also, if there is anything anyone in the N.C. juvenile defense community would like to submit to us to promote on our website and other channels, be sure to contact us and let us know.  We are always here to support you!

OJD Week in Review: Jan. 22-26

We’re bringing more reminders than big updates this week, but as always we’ve got a few good tidbits of news you can use.

Your Usual Training News

Earlier this week we posted that registration is now open for the “Advocating for Youth Charged with First Degree Murder” training.  Cosponsored by the Office of Indigent Defense Services and the School of Government, this training will be held on March 9 at the UNC School of Government, starting at 8:45 a.m. and ending at 4:15 p.m.  The training will be geared towards attorneys who represent youth in juvenile and superior court and will cover topics including sentencing, mitigation, parole hearings, transfer hearings and the future of Miller cases.  In our previous post we provide details for hotel information, travel reimbursement and registration.

23777394-Save-the-date-grunge-rubber-stamp-on-white-vector-illustration-Stock-Vector

We’d also like to remind everyone that registration for “Regional Training for Indigent Defense: Defending Sexual Offenses” closes Monday, Jan. 29, at 5 p.m.  This CLE, hosted by the UNC School of Government, will focus on defending sexual offenses with sessions on physical evidence, cross-examining experts, and motions and legal issues.  The event will be held on Feb. 8, 2018 at 1801 Nash St., Sanford, N.C. in the Dennis A. Wicker Civic Center.  This program is open to all IDS contract attorneys and privately assigned counsel representing indigent clients and will offer 3.0 hours of CLE credit.  There is an $85 registration fee that will cover CLE credits, snacks, and materials.  Please find further details and register here.

New Resources

If you’re in need of CLE credits before the annual deadline, the Indigent Defense Education Group at the School of Government is ready and waiting to help.  With on-demand courses taught by experienced staff and legal professionals, you have the option to take a course for free if you just want to learn something new for the day or pay a fee to obtain your required CLE time.  This should be a valuable resource for all defenders, offering courses in many areas including ethics, mental health/substance abuse, and more.  You can access the on-demand content library here.

The Office of Juvenile Justice and Delinquency Prevention has also added a new snapshot to its Statistical Briefing Book, focusing on girls in the juvenile justice system.  This new file offers statistics on the types of offenses committed by girls and comparisons of arrests for certain crimes between males and females, with data gathered up to 2015.  You can find the newest entry in the Statistical Briefing Book here and also check out other recent updates to the database here.

facebookThat completes the news for this week.  We still encourage all stakeholders in the juvenile defense community to feel free to contact us about submitting guest blogs or joining us on our podcast.  And for those of you who are new to juvenile defense, or if you know someone who is interested in juvenile defense, be sure to contact us to be added to our listserv, like our Facebook page and follow us on Twitter as well.

“Introducing the 2017 Edition of the N.C. Juvenile Defender Manual” by Guest Blogger David Andrews

David Andrews Profile Picture - Small

Late last year, John Rubin of the UNC School of Government and I published the 2017 edition of the North Carolina Juvenile Defender Manual. This edition was three years in the making.  In addition, its publication coincided with a year-long initiative to commemorate the 50th anniversary of In re Gault, 387 U.S. 1 (1967), the Supreme Court decision that transformed the protections for juveniles in delinquency cases.

The new edition of the manual builds on the structure of the original 2008 edition and contains discussions of recent changes to the Juvenile Code, and analysis of case law from the past ten years. Here are some of the major changes to the manual:

  1. Appeals (Chapter 16): I handle juvenile delinquency appeals and so, naturally, one part of the manual that saw some significant changes was the chapter devoted to appeals. The primary change to this chapter involves a new section on transmitting appeals to the Appellate Defender, which is a process that is sometimes overlooked by attorneys, but can result in complications and delays. We also added new sections on appeals by the State and appeals involving the denial of a motion to suppress.
  1. Suppression Motions (Chapter 11): Prior to 2015, there were no procedures in the Juvenile Code for suppression motions. However, in 2015, the General Assembly enacted a law that provided specific procedures for suppression motions filed in juvenile delinquency cases. The new edition of the manual describes those procedures, as well as recent opinions on suppression issues, such as D.B. v. North Carolina, 564 U.S. 261 (2011), and State v. Saldierna, 369 N.C. 401 (2016).
  1. Registration of juveniles adjudicated delinquent for sex crimes (Chapter 13): The new edition of manual includes a lengthier discussion of state and federal registration requirements for juveniles adjudicated delinquent for certain sex crimes.
  1. Modifying dispositional orders (Chapter 13): The new edition of the manual provides an expanded discussion of motions in the cause under N.C. Gen. Stat. § 7B-2600 and a discussion of two recent cases that shed light on the criteria for modifying dispositional orders.
  1. The juvenile’s right to access records (Chapter 10): In the chapter on discovery, John and I included a section on the juvenile’s right to access the clerk’s records for cases involving the abuse, neglect, or dependency of the juvenile; DSS records of cases in which the juvenile is under placement by a court or has been placed under protective custody by DSS; and records concerning the juvenile that are maintained by law enforcement and the Division of Adult Correction and Juvenile Justice.
  1. Raise the age legislation (Chapter 19): As John and I neared completion of the manual, the General Assembly enacted legislation to raise the age of jurisdiction for juvenile delinquency cases from 15- to 17-years-old. John and I added a short chapter that discusses portions of the legislation that went into effect in December 2017. We also provided a link to a primer by LaToya Powell on the changes that take effect in December 2019.

We hope that juvenile defenders around the state find the new edition of the manual useful. If you have questions or comments about the manual, please send them to David Andrews at david.w.andrews@nccourts.org or John Rubin at rubin@sog.unc.edu.

 

David W. Andrews is an Assistant Appellate Defender in the North Carolina Office of the Appellate Defender (OAD), a division of the Office of Indigent Defense Services. OAD staff attorneys represent indigent clients in criminal, juvenile delinquency, and involuntary commitment appeals to the Court of Appeals of North Carolina and the Supreme Court of North Carolina.

OJD Week in Review: Jan. 8-12

This week we are lighter on the usual training notifications, but there are some important updates to be shared.

Training, Job Opportunities, and Events

wvpviwDue to the winter weather and the holidays, the UNC School of Government has announced that the deadline to register for the 2018 Child Support Enforcement:  Representing Respondents seminar has now been extended until Jan. 15.  Registration and other information can be found here.

Registration is also now open for the School of Government’s Regional Training for Indigent Defense: Defending Sexual Offenses.  This event will offer 3.0 CLE credit hours and will have sessions covering cross-examining experts, physical evidence, and motions and legal issues in sexual offense cases.  The training will be held on Thursday, Feb. 8, in Room 103 of the Dennis A. Wicker Civic Center at 1801 Nash St. in Sanford, N.C.  The deadline to register is 5 p.m. on Monday, Jan. 29.  An $85 registration fee will be required which will cover materials, snacks, and CLE credits.  For registration, contact details and other info, please go here.

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) will be supporting National Drug and Alcohol Facts week, sponsored by the National Institute on Drug Abuse and National Institute on Alcohol Abuse and Alcoholism.  From Jan. 22-28, these organizations will be supporting community events nationwide and beyond that bring people together, from adolescents to experts, to discuss alcohol and drug abuse.  The National Institute on Drug Abuse will be providing free booklets about how to deal with drug abuse, in addition to other educational resources.

OJJDP will also be accepting nominations for their 2018 National Missing Children’s Day awards until Jan. 24.  They are seeking nominees for their Missing Children’s Citizen Award and Missing Children’s Child Protection Award.  These awards are meant to recognize private individuals who helped to recover a missing/abducted child and professionals, such as law enforcement officers and child protective service agents, who have worked to protect children from abuse and victimization.  For further details and to submit your nominations, please check here.

Finally, for those interested, there are four juvenile court counselor positions available in Iredell, Union, Cleveland and Forsyth counties that will be closing today.  Interested parties can view and apply to these jobs here.

Progression of Raise the Age

On Thursday, Jan. 11, the N.C. Juvenile Jurisdiction Advisory Committee (JJAC) met for its second meeting since the passage of the Juvenile Justice Reinvestment Act.  During the meeting, several presenters addressed the Committee with research data and considerations for the juvenile justice system prior to and after the changes to the law are implemented.

AOC Director Marion Warren and Brad Fowler, manager of the AOC Research, Policy, and Planning Division, shared AOC’s analysis of the possible workload increase and need for more staff.  Fowler emphasized the need to assess the resources going into the cases we have now to prepare the juvenile justice system for the arrival of more cases.  “The system to handle 16- and 17-year-olds will not drop out of the sky the day the law changes,” he said.  “Having [the pieces] in place before that time is the goal.”

William L Lassiter, deputy secretary of juvenile justice for the Department of Public Safety, went on to discuss considerations for fiscal year (FY) 2018-2019.  Lassiter pointed out the need for subcommittees within JJAC, the success of raising the age in other states, and the need for more staff, improved facilities and community programs to assist youth.  Lassiter said that when Raise the Age was implemented in other states, complaints and recidivism rates dropped significantly, especially for kids younger than 12, because more diversion programs were explored as more kids were brought into the juvenile justice system.  While discussing community programs, he praised the success of North Carolina’s own Teen Court program.  “Teen Court is much more consequential and has a higher level of accountability than regular court.  Kids don’t want their friends to get away with something they didn’t get away with,” he said jokingly, pointing out how juveniles had to admit their guilt for a crime in Teen Court and a jury of their peers would ensure that juveniles would receive a suitable punishment in the form of community service, in addition to a term on the Teen Court jury.  Lassiter stated that participants in the Teen Court program only had a 12 percent recidivism rate and he desired for every district to have their own program.  He gave JJAC a breakdown of potential costs for community programs, new transportation for juveniles, and hiring of additional staff over the next few years, up to FY 2020-2021, which included about 292 new positions.

JJAC

Juvenile Defender Eric Zogry offered a brief presentation on the history and structure of North Carolina’s juvenile indigent defense system and the Office of the Juvenile Defender’s plan in preparation for the implementation of the law.  Zogry emphasized the need for a dedicated juvenile defender system in our state while pointing out that the majority of N.C. counties lacked a designated juvenile defender.  Mary Stansell, Juvenile chief of the Wake County Public Defender’s Office and member of JJAC, backed Zogry’s point, citing examples from her own personal experience of working with lawyers who were not familiar with or just not committed to the specialized practice of juvenile defense.

The last presentation by the Honorable J. Corpening, chief district court judge of District 5, discussed several phases to develop the school-justice partnership program.  Corpening talked about establishing relationships with other judges at leadership training, the progression of the program so far for specific counties, and the need for a comprehensive toolkit, website, and other resources to assist counties in implementing their own school-justice partnership programs.

Finally, the Committee returned to Lassiter’s suggestion to establish subcommittees to assist in the planning and execution of the new initiatives they would have to address in the coming months.  Several members of JJAC and others in attendance were selected to serve on the subcommittees before the chairs called for the meeting to be adjourned.

That is all the news for this week.  To catch up on upcoming training seminars, please be sure to check out our past posts.  We will be providing further updates on training, the progress of the Raise the Age initiative, job opportunities and more each week, so be sure to subscribe to the blog, Facebook page, and Twitter for all the news we have going forward into 2018!