Week in Review: Jan 20-24

Happy Friday Readers! This week was not only a short one, but an easier one at OJD. Couple consultations, a little bit of court, you know? The usual. We’re happy to help our Public Defenders at each point of their case and even guided a couple out of state defenders to where they can find answers about North Carolina!

Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender

To preserve issues for appeal, object to any evidence that you suspect is inadmissible. Make sure you provide specific grounds for your objections and constitutionalize your objections. Lastly, get a ruling.  If you don’t get a ruling, the argument might be waived on appeal.

Training

Don’t forget about our upcoming trainings in Watauga (03/19) and Richmond (03/31) Counties, and also our day long Juvenile Defender Enhancement training here at AOC. Want the direct link to the sign up? Click here. RSVP for the JD Enhancement Training ends 02/14/2020.

There’s also the Intensive Juvenile Defender Training sponsored by the UNC School of Government. Want more information? Click here.

That is all the information we have for you this week! Keep watch as there is another exciting announcement coming by OJD soon. 😀

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!

Week in Review: Dec 6-10

It’s the first week back from a long holiday break and OJD has been busy with all things #RaiseTheAge. Have a question or a case you could use some help on? Don’t hesistate to give us a call. We are here for you!

Januar January 2020 marks the 50th Anniversary of North Carolina’s Public Defender System. Take a look at Eric with North Carolina’s FIRST Public Defender, Wallace “Wally” C. Harrelson.

Raise the Age Tip of The Week

How Do I Know the State Will be Seeking the Gang Enhancement Against My Juvenile?

Under current law, there is no process for notice to the juvenile and the juvenile’s attorney that the state is seeking the gang enhancement.  As the juvenile’s attorney, you should consider the following:

  • Get a copy of the gang assessment from DJJ prior to adjudication
  • Argue that the notice of gang enhancement be presented pre-adjudication
  • Develop a theory of defense against client’s involvement in gang activity
  • Prepare for a hearing on the issue
  • Request a hearing, similar to an adjudicatory hearing
  • Request the court make findings on the record and appeal where  appropriate

Training!

Today Eric & Austine are traveling to Lenoir County for a Raise the Age and Juvenile Basics CLE. It’s from 1-4. See the flyer below!

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.

For more information on how to apply visit https://njdc.info/our-work/jtip/jtip-summer-academy/ or see the attached application.

JOB OPPORTUNITY!

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.

Exciting News!

OJD is preparing to record our first podcast of the year! Interested in being a guest? Email LaTobia for a reservation!

Week in Review: Dec 30-Jan 3

Welcome to the new decade with your trusted OJD office. This week was pretty easy due to the holiday but that doesn’t mean we don’t have things to share.

RAISE THE AGE TIP OF THE WEEK:

Can I Appeal the Order Finding Probable Cause for me 16 or 17 Year Old Client Charged with a Class A through G Felony?

Under the current law there does not appear to be a right to appeal the finding of probable cause.  However, defenders should consider challenging the constitutionality of the mandatory waiver as it violates due process and eliminates the ability of the court to consider the individual mitigating circumstances of a juvenile’s case under Miller and its progeny.  For further information see the following strategy resource or contact the Office of the Juvenile Defender for assistance with the case.

TRAINING!


Eric & Austine are traveling to Lenoir County January 10th to continue our Raise the Age & Juvenile Basics training CLE. OJD will also report and cover the CLE fees associated with your attendance. Why not start the new year with some good training????

See? This week was really simple and just a bit of information. Go enjoy your weekend and it’s back to the office Monday!

But as always, if you have any questions, please feel free to contact our office.

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!