Week in Review: Oct 21-25

Happy Friday! Can you believe October is almost over and we are 38 days away from the implementation of Raise the Age? This week, to mark the countdown, we are providing a few resources about what’s coming. BUT FIRST!

TIP OF THE WEEK!!

When Should I Receive the Disposition Report? 

You should try to receive the disposition report prior to the dispositional hearing to review with your client.  If possible, try to get a copy of the report at least several days prior to the hearing.  While there is no statutory authority compelling the receipt from the intake counselor, there are local rules which suggest time periods.

Austine flew to Palm Springs to take part in the Juvenile Defender Leadership Summit hosted by the NJDC and we may not or may not be jealous! More pictures coming soon!

RESOURCES:

The NJDC released a new fact sheet on Wednesday, Eliminating Shackling in Juvenile Court: Continuing the Momentum. You can read the fact sheet here and below for a snippet:

Experts agree: shackling harms children; it causes trauma; interferes with participation in their own defense; impedes procedural justice; and biases judges.

  • From 2014-2017 18 states shifted their policies and disallowed the indiscriminate shackling of youth in juvenile court
  • 19 states still allow automatic shackling of youth in juvenile court

NJDC urges the remaining states that have yet to create a presumption against the automatic use of restraints to do so swiftly.

Strategies for Youth also released a press release about SROs in schools which SFY found that SROs are not adequately trained nor supervised through a survey of state laws, you can read the Executive Summary here.

A new blog post by Jacquelyn Green on the School of Government’s website is live and talking about Raise the Age. The blog contains answers to some of those commonly asked questions. You can read her post here.

THAT’S IT FOR THIS WEEK! THANKS FOR READING!!

OJD Week in Review: July 8 – 12

Hello again!  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!

Tip of the Week – Getting Rid of Those Shackles

  • Ask that the hearing occur prior to the juvenile entering the courtroom
  • Request that both the hand and leg shackles be removed
  • Hold the court to the three reasons to shackle: maintain order, prevent escape, provide for the safety of the courtroom
  • Enforce that evidence for any of these reasons should be current behavior, not prior behavior or acts
  • Argue that “whenever practical” to be heard on the issue is anytime!

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.

porkypig

And, that is all we have for you this week, folks.  Have a great weekend and hopefully we have more content for you in the coming weeks.

From a Non-Lawyer Perspective: 2017 Juvenile Defender Conference Review by Marcus Thompson

On Friday, Aug. 11, juvenile defenders from across N.C. united at the U.N.C. School of Government for the 2017 Juvenile Defender Conference — and I had the honor of being among the 50+ attendees!  Only approaching my first full year as a part of the Juvenile Defender family, I was pretty excited to be able to attend this annual conference and observe juvenile defenders from various districts interact and share ideas and experiences from their time in juvenile court.  In my short time with the Office of the Juvenile Defender, I have  had the opportunity to learn about case law, the “lawyer lingo”, and other things, but this training was a great experience to not only refresh my memory of materials I’ve encountered before, but to also gain further insight into the juvenile justice system.

Program Attorney Austine Long started the event, welcoming everyone and encouraging defenders to offer suggestions for future training courses before introducing Martin Moore, assistant public defender of Buncombe County.

Moore discussed detention hearings, going over the types and culture of detention, secure custody and strategies for preparing for hearings.  Moore acknowledged that some areas of the state do not always follow their own guidelines for detention hearings.  “No one is in a better position to help the juvenile than themselves,” Moore said, emphasizing to attendees the importance of listening to the client and knowing as much as possible about their history, mental health state, and relationships when preparing for hearings.  When he posed a question to the audience about juveniles being placed in adult facilities for pre-adjudication secure custody (which violates G.S. 7B-1905), some defenders stated that this is often a result of juveniles having lied about their age, which initially surprised me.  I would have assumed in some cases it may have been the error of the police.  One participant also stated that juvenile defenders should ensure that juveniles’ info is redacted if they are placed in an adult facility for any reason.  On the topic of shackling during secure custody hearings, Moore also stated that it was “generally something we should argue against” and others concurred, pointing out the most effective argument with judges was that shackling a child would require more paperwork.  Towards the end of his presentation, Moore gave attendees a couple of hypothetical scenarios and allowed them to role play to demonstrate how they argue on behalf of a client in a detention hearing.

Following Moore, Mary Stansell, assistant public defender of Wake County, and Assistant Juvenile Defender Kim Howes presented on motions to suppress.  The pair addressed In re Gault, what qualifies as custodial interrogation, children’s understanding of their rights, and violations of 4th amendment rights.  Stansell and Howes stressed that a statement can’t be used against a child in custody unless a parent is there, but children believe that the “right to remain silent” means “until a cop asks a question”, most likely due to being naturally submissive to adults and intimidated by authority figures.  The cases of Saldierna and J.D.B. were also addressed while discussing juveniles’ voluntary waiver of rights.  Identification of juveniles in court and search and seizure were also brought up before attendees were broken out into groups to work on a case study.

After lunch was provided, Terri Johnson, an attorney from Statesville, took the lead to discuss capacity, covering statutes, cases, and how to handle evaluations and issues.  Johnson emphasized looking for indicators of capacity such as age, nature and location of the offense, language barriers and a history of social, mental, or physical health issues.  She also talked about finding experts to evaluate a client’s capacity to proceed in court and common arguments made by assistant district attorneys and juvenile court counselors.  One common argument was that juveniles were manipulative and would lie simply to avoid getting into trouble.  Johnson also said that sometimes judges will commit juveniles due to lack of options or because they believe that just putting juveniles on probation will get them the mental health treatment that they need.  Having no interactions with the legal system in my teenage years beyond a couple of traffic violations, it was kind of disheartening to hear that this was the way people, especially kids with various problems, were perceived and treated in the courts.

Once Johnson finished her segment, LaToya Powell, assistant professor of public law and government for the U.N.C. School of Government, arrived to discuss updates to juvenile law in the past year.   I was very familiar with all of the cases that Powell discussed, having read her opinions and writing case summaries for our office, but the review of these cases was welcomed.  Powell succinctly summarized many of the most impactful cases, including Saldierna, T.K.D.E.P.  and the recent Raise the Age legislation.  While addressing Saldierna, Powell stated that a juvenile cannot waive the right to have a parent or attorney present during questioning due to special protections provided under General Statute 7B-2101.  After reviewing the whole series of decisions from SaldiernaPowell also noted that as of Aug. 3rd, the State had filed a motion for temporary stay on the case.  Once she summarized some of the other recent appellate court decisions, Powell went on to discuss the Juvenile Justice Reinvestment Act, pointing out the benefits to everyone involved in the juvenile justice system, but also addressing some potential issues with the new laws, such as conflicting terms in the new gang suppression section with current criminal gang suppression rules.

Finally, James Drennan, adjunct and former Albert Coates professor for the U.N.C. School of Government, took the podium to lead the ethics portion of the training.  This part of the training was more like the psychology/philosophy class I wish I had during my college years and was applicable not only to juvenile defense, but all professions.  Drennan discussed implicit biases, which he said exists “in all of us.  No one is immune to it.”

“There is an elemental, primal need to feel like you are being treated fairly,” Drennan said after showing a video of two monkeys being rewarded, one with grapes and the other with cucumbers (resulting in its frustration) for performing the same task.  He shared statistics and reports that showed fairness is what is most desired in our court system by people, but more people from various backgrounds perceive the justice system as unfair to minorities.

Drennan also engaged attendees in several exercises to test their perception, demonstrating our fast-thinking and slow-thinking processes and how our intuitive feelings and programming from a young age affects our judgment.   Drennan spoke about how his own southern upbringing taught him to accept racial disparities as a norm and certain behaviors were maligned by the society he grew up in, and despite his life experiences, these ideas instilled in him from his youth still linger, unable to be unlearned.  He also said that controlling our fast-thinking processes when interacting with new groups or individuals and observing the patterns in our decision-making processes are important to help us to avoid our own prejudices.

Every presentation was engaging and surprisingly easy to follow, even for someone like myself, without a background in law.  While I’ve only observed a few juvenile court cases, it was good to know how other defenders prepare to present their juveniles’ cases and what must be considered prior to going in front of the judge.  It also provided clarity for me about the challenges from all sides that juvenile defenders must deal with inside and outside the courtroom.  It was also great being able to put more faces to the names I’ve seen in the past few months.  After this first year, I look forward to the 2018 Juvenile Defender Conference, and I hope to hear from and see more of the front line defenders.

If you missed the conference or would just like to review the presentations, you can find a copy of the course materials with additional references here.

Juvenile Defense: Small Steps can have Ripple Effects, One Case at a Time by Professor Tamar Birckhead

Dear viewers:

Please read this heartfelt blog by Professor Tamar Birckhead regarding shackling. And for defenders, here is the statute regarding shackling.

For further information on the harms of indiscriminate shacking, please see the great work by David Shapiro and the Campaign Against Indiscriminate Juvenile Shackling.