Week in Review: July 6-10

Happy Friday Readers! 2nd week in July done and over, but was plenty busy for OJD. Webinars, meetings, court, you name it! So here’s your weekly recap plus a great tip.

Tip of the Week:

Tip of the Week – My Client is in Detention… How Do I Find Them?

There are currently eight detention centers in North Carolina:

  • Alexander Juvenile Detention Center in Taylorsville
  • Cabarrus Regional Juvenile Detention Center in Concord
  • Cumberland Regional Juvenile Detention Center in Fayetteville
  • New Hanover Regional Juvenile Detention Center in Castle Hayne
  • Pitt Regional Juvenile Detention Center in Greenville
  • Wake Juvenile Detention Center in Raleigh
  • Durham County Youth Home in Durham
  • Guilford County Detention Center in Greensboro

Check with your court counselor’s office to find out which location your client is being held, and check here for contact information to visit and call your client.

Webinar, Anyone?

  • NC CRED is hosting a webinar, Wednesday, July 15th from 3:00-4:30 PM entitled, “Balancing The Scales: The Injustice Of Confederate Monuments In Public Spaces.” This webinar how these figures are antiethical to equality under the law and it’s placement at courthouses, plus more. To read more about the presenters and to register for this event, please click here.
  • Join NACDL for a Free Virtual Discussion on Race + Pretrial Practices, Tuesday, July 14th at 4:00 PM entitled, “Policing Black Bodies: Race and Pretrial Practices.” This webinar will discuss the issues of racial bias and racial disparity and how they are pervasive in the criminal legal system. To read more on the details of this webinar and to register, click here.
  • DEFENDERS! DON’T MISS OUT ON A FREE CLE! July 24, 2020 at 3:00-4:00 PMInterviewing and Counseling Youth: Presented by Dorothy Hairston-Mitchell, Clinical Assistant Professor & Supervising Attorney, Juvenile Law Clinic at NCCU. You can register here and will be sent link information afterwards.

OJD is covering CLE costs for the first 30 registrants and CLE is pending.

Want to meet our Summer 2020 Interns? Read below!

Alex Palme

My name is Alexander Jeffrey Palme and I am from Sanford, NC. I am 24 years old and am married.  I have been playing various sports since I was very young and currently play professional soccer in the UPSL for Moros FC in my free time. I have degrees in Sociology and Anthropology from the University of North Carolina at Greensboro, where I also wrote a study that I self-published on the recommendation of my professor. I will be in my third year of law school at NCCU and am currently operating under a practicing certificate from the NC bar. I plan to take the UBE next summer and would ultimately love to be on the bench. Last summer I clerked for Legal Aid’s Senior Law Project in Asheville, NC. 

Alex is currently assisting in case research with our Assistant Juvenile Defenders and helping outline our Pocket Guides which will be distributed to defenders soon!

Terris Riley

Mrs. Terris Riley, a native of South Carolina, is law student at North Carolina Central University School of Law with an expected graduation in 2022. As a non-traditional student, she has over 22 years of experience in the Information Technology industry—both private and public sector. She has received numerous local, regional and national awards for her leadership in technology. In 2013, Mrs. Riley’s IT firm was awarded and recognized as South Carolina’s No. 3 Best Performing Business in the State. She later founded a non-profit to pursue activism work for Justice Reform. Prior to relocating to North Carolina for law school, Mrs. Riley served as the Director of Constituent Support for Democratic National Committee Chairwoman and South Carolina House Representative Gilda Cobb-Hunter, the longest serving Member of the SC General Assembly. Upon graduation, she desires to work as an Assistant United States Attorney.

Terris is currently assisting with webinar series and communications, and she brings with her experience with the Virtual Justice Project.

We can’t wait to see the work you two do this summer with OJD!

Week in Review: June 15-19

Here’s to another Friday in the books! Couple announcements and a bit of history today, and of course your weekly tip. Thanks for all that you continue to do.

Tip of the Week – Building Trust

Investing time is the single most important strategy for building trust and rapport with your client.  You need to listen and ask questions without judgment, and explain why you need to ask certain questions.  Allow your client the opportunity, and encourage him/her to ask questions as well.  Be sure to explain to your client how your role is different from other adults s/he has interacted with (i.e. attorney/client privilege).  And most importantly – never make a promise you can’t keep.  If you say you’re going to do something – do it!

Ahem! Announcements!

Juneteenth.

Juneteenth is the oldest nationally celebrated commemoration of the ending of slavery in the United States, also known as Freedom Day. June 19th  is recognized as the African American Emancipation Day after news delivered by Union soldiers in 1865, led by Major General Gordon Granger, announced in Galveston, Texas with news that the last of the enslaved were now free. This occurred TWO YEARS after President Lincoln’s Proclamation.

Today marks 155 years since the Emancipation Proclamation was revealed in Texas and many companies and brands have made this day a paid holiday, acknowledging the struggle and victories of the African-American culture. Other organizations will work to make today a day of learning, promoting knowledge and appreciation of African-American history and self-development. Happy Juneteenth.

NEXT WEEK

OJD will be celebrating and providing educational insight to the LGBTQ+ community as it is the last week of Pride Month. We will be sharing insightful tips on how to address, speak, and represent your LGBTQ+ clients in delinquency courts, as well as a little bit of history. Stay tuned!

And Finally…

CHEERS TO THE WEEKEND!

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!

Week in Review: June 1-5

Hey Readers! There are just a few reminders this week, and new tip on discovery. As always, we thank you so much for the work you do defending children.

TIP OF THE WEEK

The Juvenile Code has similar discovery rules to those followed in adult criminal court except that in juvenile court you are entitled to discovery in both felony and misdemeanor cases.  N.C.G.S. §7B-2300 provides for mandatory discovery upon the filing of a motion for discovery. Some jurisdictions are refusing to provide discovery for cases involving 16-17 year old youth who have petitions filed alleging an A-G offense and are awaiting indictment (as a refresher, upon a finding of probable cause or indictment, a youth who is 16 or 17 years old and charged with an A-G felony must be transferred to Superior Court).

There is no caveat to the language in the statute “upon motion of a juvenile alleged to be delinquent, the court SHALL order the petitioner…”. The statute does not exclude 16/17 year old youth with petitions for A-G felonies awaiting indictment or a probable cause hearing. It is very important that you file your motion for discovery as early as possible in your case so that if the state is refusing to provide discovery, you can file a motion to compel. In your argument to the court to compel discovery, be sure to argue that the plain language of the statute applies and unless, and until, an indictment is returned (or probable cause is found), your client is still under the jurisdiction of juvenile court and the juvenile code applies.

CLE, Anyone?

Just a reminder, the 2020 SJDC Virtual Summit Presentation #2 is TODAY at 2:00 (ET) – 3:30 (ET).

Topic? Virtual Reality: Representing Juveniles in Remote Courtroom Panelists: Gar Blume, Tim Curry, Angela Vigil Register here: https://emory.zoom.us/webinar/register/WN_ddRytFWkSGajsMfBXDHj

The last SJDC Virtual Summit Presentation will be June 12, 2020 from 2:00-3:30 PM. Another 1.5 of CLE hours :D.

Topic? Where Do We Go From Here: Juvenile Defense Post COVID-19

Moderator: Rob Mason; Panelists: Amy Borror, Kristen Rome, Eric Zogry. Here is the registration link: https://emory.zoom.us/webinar/register/WN_lLBVyt80ROihqmb4id_EqQ

A Word Please,

OJD would also like to thank all of the defenders who make these webinars and CLE options possible. We know that they may not be the most enjoyable thing, sitting in front of the computer, but we are grateful that you attend and work hard to gain insight into juvenile defense. Keep a look out for more OJD CLE opportunities, have any course suggestions? Email LaTobia or Austine.

That’s all for this week. Thank you for checking in and we hope that your weekend is filled with grilled hot dogs and sunshine. See you next week!

Week in Review: May 25-29

We’re already back at the weekend AND greeting June on Sunday. Can you believe how time flies? Who would think when we’re all home, all the time. We hope your Memorial Day weekend was restful!

Tip of the Week – Building Trust

Especially during the era of Covid-19, innvesting time is the single most important strategy for building trust and rapport with your client.  You need to listen and ask questions without judgment, and explain why you need to ask certain questions.  Allow your client the opportunity, and encourage him/her to ask questions as well.  Be sure to explain to your client how your role is different from other adults s/he has interacted with (i.e. attorney/client privilege).  And most importantly – never make a promise you can’t keep.  If you say you’re going to do something – do it!

IDS HAS A NEW EXECUTIVE DIRECTOR!

From NC AOC Communications:

The North Carolina Commission on Indigent Defense Services has appointed Mary Pollard as the new executive director of the North Carolina Office of Indigent Defense Services (IDS). Pollard’s legal career spans 27 years, most of which she spent working to protect the rights of indigent, incarcerated people. A Raleigh resident and mother of two, Pollard is a graduate of the Wake Forest University School of Law.

You can read the Press Release about Mary and her appointment here.

Resources

  1. UNC School of Government released a new blog post via On the Civil Side: Juvenile Justice Pandemic Lessons written by Jacquelyn Greene. You can click here to read this great blog.
  2. The next 2020 SJDC Virtual Summit presentation is next Friday, June 5th. Topic? Virtual Reality: Representing Juveniles in Remote Courtrooms 2:00 (ET) – 3:30 (ET) Panelists: Gar Blume, Tim Curry, Angela Vigil. Registration Link:  https://emory.zoom.us/webinar/register/WN_ddRytFWkSGajsMfBXDHjWA

WE HAVE SOME INTRODUCTIONS COMING TO YOU NEXT WEEK. CAN YOU GUESS WHO THEY ARE?

*Edited* Week in Review: May 18-22

You know what happens when you try to be proactive? Ask LaTobia 😀 (My apologies for the super early morning 12:45 blog post, clearly AM and PM are the same to me haha!)

Thank you to everyone that attended our first Online CLE! And a MAJOR thank you to Michelle Duprey for presenting on Video Conference Secure Custody.

We hope you gained some insightful information and if you have any questions, please feel free to contact the office. Also! Don’t forget about the course evaluation!

Keeping it short and sweet this week. You deserve it!

Upcoming Training & CLE

Southern Juvenile Defender Center Virtual Summit. It is being held, May 29, June 5, and June 12.

All sessions will begin at 2:00pm Eastern / 1:00pm Central.

The schedule is as follows (with speakers being announced at an upcoming date):

May 29: Satisfying Ethical Duties to The Youth Client in the Age of Social Distancing (ethics): Randee Waldman (GA), Diana Johnson (FL)

June 5: Challenging Contested Hearings (Including Their Existence if You Don’t Want Them)

June 12: Where Does Juvenile Defense Go From Here

Here’s the registration link for Satisfying Ethical Duties to The Youth Client in the Age of Social Distancing (ethics).

These sessions will be hosted on Zoom. You can register for one session or multiple sessions. 

Registration and attendance are free.  CLE credits will also be available. Registration is limited. Please take a moment to see if any of these topics interest you and join us next Friday to kick off the Virtual Summit!

Have a great Memorial (3 Day) Weekend! We’ll be back next week with Tips, Resources, and more OJD events!

Video Conference Secure Custody Training Announcement!

Tomorrow is the BIG day for OJD. Our first Online CLE hosted on the Webex platform. The training room will open at 11:00 AM EST and we will begin the training at on or before 11:10 to allow everyone time to join and Michelle to be introduced.

Going to be out and about? Or on the go?

There is a Webex App that you can download to watch the webinar as well. Just visit your iOS App Store or Google Playstore and search Webex.

See you tomorrow morning!

Week in Review: May 11-15

Another week down, many more more to go. Thank you for coming back to read another week in review with OJD. There’s a few webinars we want to tell you about and as always, a Tip of the Week. Short and sweet so you can go grill some hot dogs in this nice weather (save a burnt one for LaTobia) 😀

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.

Congratulations are in order to LaToya Powell who was named this years CHILDREN’S CHAMPION by the NC Bar Association’s Juvenile Justice and Children’s Rights Section at their annual meeting yesterday!!!!!!!! Congratulations LaToya and thank you for all your hard work defending and protecting children!!

  • Our first DEFENDER ONLY Online CLE Webinar: Video Conference Secure Custody Hearings, is next Friday, May 22 at 11:00 AM. It is a FREE CLE to the first 75 DEFENDERS. To register for this training, click HERE. Place your Job Title & Bar Number in: Job Title to ensure proper CLE credit.  Also include your organization in the Company field.
  • May 15 at 1:00 pm, Dr. Maureen Reardon of @NC_IDS and the Guilford County Public Defender’s Office is hosting a 1 Hour Online CLE on Working with Mental Health Experts: Psychological Testing in Criminal Cases. Register here for this great webinar!
  • May 18, 2020 at 12:00 PM join Strategies for Helping Youth Cope During Uncertain Times Webinar with Ruby Brown-Herring, from the NC Division of Mental Health, Developmental Disabilities, and Substance Abuse Services. You can register here for this webinar.
  • OJJDP is hosting a webinar May 21, 1:00 to 2:15 PM, on Mentoring and Supporting Young People’s Mental Health and Well-being. It will focused on strategies and resources to support mental health for juveniles. Register here.

That sums up this week, have a great (and safe!) weekend! – OJD

Defender Only Online CLE Training

OJD has been hard at work to schedule and organize CLE’s for you during this time. We are happy to announce our first Online CLE Webinar, Video Conference Secure Custody Hearings . This webinar is about how to prepare for and conduct custody hearings via video conferencing. The speaker will discuss best practices, confidentiality and other important issues concerning video conferencing hearings. CLE approval for one hour has been requested from the NC state bar. OJD will cover the cost of the CLE for first 75 registrants.

To register for this training, click HERE.

Place your Job Title & Bar Number in: Job Title to ensure proper CLE credit.  Also include your organization in the Company field.

Please be advised this CLE is DEFENDER ONLY.

Week in Review: May 4-8

Thanks for stopping by for another Week in Review! Plenty of meetings and calls this week as NC gears up to reopen our courts and we’re so ready to share new ways to pursue juvenile justice in this new time. Remember, if you have any questions or suggestions, we are more than willing to help.

Also! OJD is looking to develop and provide webinar training to our Juvenile Defenders throughout this pandemic. We are currently requesting topics and information you would like to have discussed. Please email Austine Long with your thoughts. Thank you.

TIP OF THE WEEK

Youth Development Center commitment

We are focusing our Tips of the Week on stages of juvenile proceedings that disproportionately impact youth of color. This week we are considering commitment to a youth development center (YDC):

  • Whenever disposition is being entered for your client, always argue for the lowest level of disposition.  A small number of points, or a violation of probation, can quickly send your client to YDC.
  • Consult with the court counselor and the ADA on their recommendations to the court.  If possible, negotiate a lesser disposition than YDC commitment before court.
  • Meet with your client before the dispositional hearing and provide the court with an alternative disposition plan that considers the safety of the community and your client’s needs.
  • Provide in court testimony from supportive community members.
  • Consider offering the court recent recidivism studies which indicate that commitment to YDC is factor for increased recidivism in juveniles. 

Resources

  • May 14, 2020 at 11 AM: NC CRED presents an interactive round-table webinar with leading experts in the North Carolina public health and criminal justice systems. The webinar will explore current conditions in North Carolina and discuss actionable steps to help mitigate the adverse effects on people in North Carolina who is a webinar about preparing and conducting video conference secure custody hearings. The speaker will discuss best practices, confidentiality and other important issues concerning video conferencing hearings.are involved with the criminal justice system. To register for this webinar, click HERE.
  • From the Coalition for Juvenile Justice and the National Juvenile Justice Network member call, “COVID-19: The Heightened Dangers of Confinement” here are some resources they discussed.
  1. Distinction between medical isolation and solitary (AMEND at UCSF)
  2. A list of disability specific issues/resources (NDRN)
  3. Center for Educational Excellence in Alternative Settings
  4. Council of Juvenile Justice Administrators
  5. National Commission on Correctional Healthcare
  6. National Partnership on Juvenile Service
  7. Stop Solitary for Kids
  8. Tolerance.org

Thanks for stopping by!