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!

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.

The Summer Academy is intended for both new and experienced juvenile defenders. New defenders will develop the skills they need to zealously represent their clients. More experienced juvenile defenders will have the opportunity to refine their skills and enhance their effectiveness by employing defense strategies that incorporate the unique aspects of representing youth in delinquency cases. The program is also designed to build community and equip juvenile defenders with skills they can share with colleagues in their home state.

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

  • Applications are to be submitted via email to lawjtipsummer@georgetown.edu, using the official PDF application. Please save your application with “First Name Last Name” as the file name.
  • The deadline for application submission is January 12th, 2020, 11:59 PM EST. Late applications will not be considered.

Apply today!

OJD Week in Review: July 15 – 19

This Week’s Blog Includes:

  • We’re Hiring!
  • Tip of the Week
  • Legislative Update
  • Still Time to Sign Up for the Annual Training!

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We’re hiring for a new Communications and Office Manager! Duties include responsible for defining and executing a social media strategy, including maintaining and updating the juvenile defender website, Twitter feed, Facebook page, and other social media; maintaining a list of juvenile defense counsel statewide including privately assigned counsel, contractors, public defenders, and clinics; identifying new juvenile defenders and create and update information packages for new defenders; assisting with the development of new technologies/platforms for providing legal education; providing general office support and management.

For a complete list of duties and details about the position, click here for the posting.

Tip of the Week – Searches Not on School Property

While an earlier tip referred to searches on school property as involving a lower standard, searches of juveniles not on school property are governed by a “reasonable juvenile standard.”  Specifically, In the matter of I.R.T., 184 N.C. App. 579, 647 S.E.2d 129 (2007) held that the age of a juvenile is a relevant factor in determining whether a reasonable person would feel free to leave upon being stopped by law enforcement.

Legislation

Senate Bill 413, which includes recommendations from the Juvenile Jurisdiction Advisory Committee, has passed the House and is being sent back to the Senate for concurrence.  It is on the Senate Calendar for Monday, July 22. 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.  The budget bill with RTA funding was passed and then vetoed by the governor.  Both the House and the Senate have proposed supplemental budget bills, with the House bill including some RTA funding, but there is currently no version agreed upon by both chambers.

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.

OJD Week in Review: July 15 – 19

Hello again and another good Friday to you all!  This week there is a new tip and just the single training reminder.  Content for the end of the week may still be light, but 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!

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Tip of the Week – Searches Not on School Property

While an earlier tip referred to searches on school property as involving a lower standard, searches of juveniles not on school property are governed by a “reasonable juvenile standard.”  Specifically, In the matter of I.R.T., 184 N.C. App. 579, 647 S.E.2d 129 (2007) held that the age of a juvenile is a relevant factor in determining whether a reasonable person would feel free to leave upon being stopped by law enforcement.

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.

Here we end this Week in Review.  We wish you a safe and relaxing weekend and we will bring you more news from the N.C. juvenile defense community next Friday!

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.

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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.

OJD Week in Review: June 24 – 28

Happy Friday!  This week there is one new job opportunity, a new tip and an update to our “Materials for Defenders” page.  And we’d like to remind everyone once more that TuesdayJuly 2, will be the deadline to apply to become an N.C. State Bar-certified juvenile defender!  If you are interested, please visit the N.C. State Bar Legal Specialization page.  We want to grow the N.C. juvenile defender community!

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Tip of the Week – Probable Cause Hearings

Procedures for a probable cause hearing in juvenile court are similar to those in adult court.  However, N.C.G.S. §7B-2202(c) mandates that the State shall show probable cause “by non-hearsay evidence or evidence that satisfies an exception to the hearsay rule.”  The State must present actual witnesses at the hearing in order to demonstrate each element of the felony offense.  Reiteration by law enforcement of third-party testimony acquired during the investigation does not satisfy this requirement.  There are exceptions for some reports and evidence regarding value, ownership, possession but remember that those exceptions do not apply at the adjudicatory hearing.

Forms and Motions Update

Earlier this week, we updated our Trial Motions and Forms Index to include a few useful documents from the Office of the Appellate Defender.  There is one new form, and several new entries on the list of motions, but the newest entries can be found at the top of each list.  These new additions include a new handout for juvenile specific jury instructions and a handout for extending Miller and Roper to 18- to 25-year-olds. There are also motions to prevent the State from seeking life without parole or the death penalty in cases where clients are prosecuted as adults for crimes committed in their youth, a motion for discretionary transfer hearing, and a motion to prevent the State from pursuing a felony murder conviction.  Please check out our Trial Motions and Forms Index here or explore the Office of the Appellate Defender‘s page.

Job and Fellowship Opportunities

The Department of Public Safety is currently seeking a court counselor for District 22, to primarily serve in Iredell County.  The ideal candidate will have knowledge of adolescent behavior and the dynamics of juvenile delinquency and the ability to make sound decisions, analyze facts and opinions objectively and impartially, and communicate and consult effectively with others.  Preferred candidates will have a Bachelor’s or Master’s degree in the human services field with at least one to two years of experience working with the juvenile/family client population or have related human service case management experience.  The deadline to apply is Sunday, July 7.  To apply for this position, please go here.

Utah Juvenile Defender Attorneys (UJDA) is seeking applicants for an attorney to join their delinquency defense practice to assist in the representation of young people charged with delinquent offenses resulting in involvement in the juvenile justice system.  UJDA is a small firm whose attorneys collectively have more than 80 years of experience handling juvenile delinquency cases.  This is an excellent opportunity to join a sophisticated nationally recognized delinquency defense firm and work in a dynamic, expanding, and team-oriented atmosphere.  Qualified candidates should have general knowledge of delinquency law and/or criminal law with excellent written and oral communication.  They should also have working knowledge of advocacy techniques, principles of law and their applications, and criminal trial procedures and the rules of evidence.  Qualified candidates should be good standing members of the Utah State Bar.  UJDA values the strength of having a diverse and inclusive work environment, and strongly believes that everyone should feel welcomed and part of our community.  The application deadline is Friday, July 5, 2019.  Applications will be reviewed upon receipt, and the position is open until filled.  For more information about the position or the application process, please see details here or contact Monica Diaz by email.

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.

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That ends this Week in Review.  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!