Week in Review: Apr 5-9

Happy Friday Readers! First week of April down and it’s getting warmer outside. Not to mention, time for pollen. We hope you’re stocked up on allergy cures for Spring. Well, it’s time for another Week in Review, let’s get started!

Tip of the Week

Prior Record Level Matters

If your client’s prior record places him/her in a position for the judge to enter a level 1 OR 2 dispositional level, ALWAYS argue for a level 1 disposition. You can find a copy of the disposition chart here. Make sure to check the final written order for accuracy.

Child Abuse Prevention Month

April is Child Abuse Prevention Month and as juvenile defenders, it is important to note, understand and work with others to provide safety to the most vulnerable. For more information on training, initiatives, partnerships and tools, please visit OJJDP’s dedicated page to this cause.

Webinar!

In honor of Second Chance Month this April, NACDL will host “Race + Criminal Legal System: Collateral Consequences,” a program aimed at unpacking the racially disparate and often-permanent consequences associated with criminal convictions. Tune in Tuesday, April 13th, at 4pm ET (1pm PT) with moderator, Cynthia Roseberry, Deputy Director for the National Policy Advocacy Department for the ACLU, and panelists Rob DeLeon, Vice President of Programs for The Fortune Society, David Singleton, Executive Director for the Ohio Justice & Policy Center, and Quintin WilliamsPanelists will discuss the long-term impacts of criminal convictions, the specific harm that collateral consequences have caused to communities of color, and what it will take to meaningfully change this system. There will be time for audience questions at the end of the program.

North Carolina Juvenile Sentence Review Board

Yesterday, Governor Roy Cooper announced the formation of the North Carolina Juvenile Sentence Review Board (“Review Board”). It is a four-person advisory board, established by Executive Order 208, that will review some sentences imposed in NC on youth who were tried and sentenced in adult criminal court for acts committed before turning 18. The Review Board will make recommendations to the Governor concerning clemency and commutation of such sentences when appropriate. This is big news for youth offenders who are now adults and a start to changing the course of juvenile justice in NC. To read more about this announcement click here.

From LaTobia,

I am seeking guest writers for our blog for each month this year, specifically those in juvenile defense or youth advocacy work. Topics will be of your choice, but should include some supporting information such as statutes, cases or graphics. These blogs are geared to help fellow attorneys and create discussion in regards to juvenile proceedings and court processes. Feel free to send me an email at latobia.s.avent@nccourts.org so we can discuss this further or if you’d like to volunteer. Also, feel free to send this message to your colleagues and friends, whoever may be a great contributor. Thanks!

THAT’S ALL FOR NOW! HAVE A GREAT WEEKEND!

Week in Review: March 22-26

Another Friday in the books and the last one of March! So let’s jump into our Week in Review.

TIP OF THE WEEK!

If you have a client being held on a secure custody order – remember it’s the STATE’s burden to prove to the court, by clear and convincing evidence, that the juvenile should remain in custody AND no less intrusive alternative will suffice (§7B-1906(d)).  That means it’s not the court counselor’s role!  Ask the court for less restrictive means, for example electronic monitoring or house arrest.  If the court finds that your client should remain in custody, the court is bound by the criteria in §7B-1903 and must make written findings of fact.

Thank you to David Andrews!

OJD would like to thank David Andrews for his presentation Wednesday afternoon on Challenging North Carolina’s Automatic Transfer Laws. The information he shared was not only helpful to our defenders, but sparked questions but also how to overcome challenges our defenders see daily. This was a highly participated CLE and we also can’t thank the attendees enough for making this a great training!

Something exciting is coming!

Not only is NCJUVENILEDEFENDER.COM getting a facelift, we’re also bringing you some new content. We’re now in the process of recording a few videos, containing information on juvenile issues, specialization, and all kinds of helpful nuggets that we know our defenders would like. Interested in filming one? Contact LaTobia.

With the new website, you will have to re-subscribe to our blog (and something special) so stay tuned for more information and our launch! Thanks for all that you do and helping us make this possible!

Community Events

On April 1 at 1:00pm ET, NACDL’s Fourth Amendment Center is presenting a free, CLE webinar titled, “Racist by Design: How Systemic Racism and Inherent Biases Manifest in Artificial Intelligence, Machine Learning, and Beyond”. This program will feature Rashida Richardson, Visiting Scholar at Rutgers Law School and Rutgers Institute for Information Policy and Law, Cathy O’Neil, author, mathematician, and founder of ORCAA, an algorithmic auditing company, and Cierra Robson, a doctoral student in the Sociology and Social Policy program at Harvard University and the Inaugural Associate Director of the Ida B. Wells JUST Data Lab at Princeton University. To register for this CLE and receive credit, please click here.

In honor of Second Chance Month this April, NACDL will host “Race + Criminal Legal System: Collateral Consequences,” a program aimed at unpacking the racially disparate and often-permanent consequences associated with criminal convictions. Tune in Tuesday, April 13th, at 4pm ET (1pm PT) with moderator, Cynthia Roseberry, Deputy Director for the National Policy Advocacy Department for the ACLU, and panelists Rob DeLeon, Vice President of Programs for The Fortune Society, David Singleton, Executive Director for the Ohio Justice & Policy Center, and Quintin Williams. Panelists will discuss the long-term impacts of criminal convictions, the specific harm that collateral consequences have caused to communities of color, and what it will take to meaningfully change this system. There will be time for audience questions at the end of the program.

Week in Review: March 15-19

Happy Friday Readers! Short and sweet Week in Review for you today. We’re at the middle of the month and who doesn’t love getting to the weekend faster?

Tip of the Week

Transcript of Admission

Filling out a transcript of admission on any admission of a new offense is important for several reasons.  It memorializes the record of admission in writing if subject to an appeal.  Reviewing the transcript with your client helps your client better understand the admission and the rights s/he is asserting or waiving.  Make sure you complete the transcript with your client present and do so in a confidential space. Consider making a copy of the transcript to keep at the attorney table to help your client answer questions.  Stand with your client when the court asks your client the listed questions and be prepared to confer with your client if any issues arise.

PAC Fee App & New Juvenile Rates

The Office of the Juvenile Defender has been notified of an increasing number of errors on fee applications for delinquency matters.  In order that all fee applications can be processed, and payments issued in a timely manner, please read the following MEMO & view the Juvenile Rates Chart.

March CLE!

Have you registered for our Challenging North Carolina’s Automatic Transfer Laws, presented by David Andrews? Join us March 24, 2021 from 4:00-5:00 PM. This CLE will be 1 hour long, with CLE currently pending. Please remember this CLE is DEFENDER ONLY.

This presentation will provide juvenile defense attorneys with an understanding of North Carolina statutory provisions for the automatic transfer of children from juvenile court to adult criminal court.  The presentation will also discuss strategies and arguments that juvenile defense attorneys can use to challenge automatic transfer laws, including provisions in the United States and North Carolina constitutions covering due process, cruel and unusual punishment, equal protection, and the right to counsel.

To register, please click here.

From a Lawyer’s View: Youthful Offenders – What to Do When Clients Want to Be Transferred

Who are youthful offenders?

In the jurisdiction where I practice, we refer to 16-17 year-old clients who are subject to potential mandatory transfer to superior court as youthful offenders. This age group has its own special needs and challenges. One challenge is when your client either refuses an offer that will allow him/her to stay in juvenile court and/or requests transfer to superior court.

We know from science that adolescent brains are not fully developed until approximately between the ages of 21-25. We know that these differences in brain development have practical implications which impact their ability to plan ahead and think in hypothetical terms. We also know that they exhibit a greater degree of risk taking and more easily succumb to peer pressure. All of these factors (and more) influence their ability to make decisions and affect a teen’s ability to exhibit self-control. Additionally, they tend to be less sensitive to negative consequences. All of these factors (and more) played a role in North Carolina finally implementing the Juvenile Justice Reinvestment Act (also known as Raise the Age) to include youth under 18 under juvenile court jurisdiction for many offenses.

N.C.G.S. §7B-2200.5 requires a youth who is charged with an A-G felony offense to be transferred to superior court for trial as an adult after a finding of probable cause or indictment. So how does this impact your representation of a 16 or 17 year old client who tells you s/he wants to be transferred to superior court or refuses to admit to an offer that will allow him/her to remain in juvenile court?

What Is Our Role?

The first, and most important, thing to remember is that as defenders our role is NOT to advocate for the best interest of our client. We are express interest advocates and represent our juvenile clients with the same zealous advocacy that we do for our adult clients – even if we disagree with the decision s/he is making once we’ve counseled him/her regarding the benefits and risks of any decision. This means we must give our clients all the information they need, in language they can understand (i.e. age appropriate) to allow them to make their own decision. There is nothing wrong with challenging their thought process or asking someone they respect to have a conversation with them about the risk of transfer.

Assuming you have exhausted all your options in advising your client, and despite all your good legal advice your client insists on moving forward, what do you do? I would suggest the following:

  1. Get a second opinion – talk to a local attorney who you trust or contact our office to get advice on other ways to advise your client.
  2. Review with your client the possible collateral consequences of a transfer to superior court. OJD has a form that lists possible risks/consequences of transfer that requires your client to acknowledge that s/he has been informed and is choosing to transfer against advice of counsel. You can access the form here.
  3. Put it on the record. Make the court aware of your client’s decision, but do it in a professional manner that doesn’t negatively impact the court’s view of your client.

Lastly,

4. Respect your client’s decision. You may disagree, but it’s important to respect your client’s agency in making a decision that s/he will have to live with.

Written by Kim Howes, Assistant Juvenile Defender for The Office of the Juvenile Defender. Kim Howes has extensive juvenile court knowledge and directly represents juveniles for OJD while also supporting the middle districts of North Carolina, including Wake & Durham counties.

Week in Review: March 1-5

Happy March Readers! Can you believe we are 3 months into 2021 already? How is time flying so fast!? Well with each new month comes new opportunities and OJD is always here to help however we can. Let’s get you to your weekend with your Week in Review, Tip & some recaps!

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

Suppression motions and contested adjudicatory hearings – If the suppression motion is denied, object when the evidence is admitted at the adjudication hearing because the failure to do so creates a heavier burden on appeal. A pretrial ruling on a motion to suppress is “preliminary,” which means the juvenile must object when evidence is offered during the adjudication hearing. State v. Waring, 364 N.C. 443 (2010). The failure to object when the evidence is admitted subjects the argument to plain error review on appeal. State v. Stokes, 357 N.C. 220 (2003).

Did you catch our SURPRISE SATURDAY Post?

With the conclusion of #BlackHistoryMonth we had ONE MORE Juvenile Defender to highlight and that was Alexis Perkins! She’s a superior attorney and has been defending children since she got her start in law. Not only does she have the experience, she has the talent! To read more about Alexis and what #BlackHistoryMonth means to her, click here.

Help NJDC Improve Their Defender App!

From NJDC, “NJDC’s goal in creating Defender App was to provide a convenient way for defenders to access NJDC’s resources quickly, in on-your-feet, in-the-moment situations, such as in the courtroom, when you have to quickly object or make an oral motion.”

They are currently the beginning stages of a website redesign (JUST LIKE OJD) and want to make resources more accessible, and are also considering a Defender App 2.0. NJDC would greatly appreciate your feedback about how or whether you have used Defender App already, and what features you would find most useful in a future version.

This survey will be open until Friday, March 12. Please take a moment to complete this survey and help NJDC keep Defenders up to date.

For Our Students & Future Attorneys

Your internship inquiries have been received and OJD is very close to finalizing what our Summer Internship might look like (in the hopes we can provide one due to our current pandemic). We will be announcing more information hopefully by the end of next week. Thank you so much for your interest in interning at OJD and your desire to also #DefendChildren!

Have a GREAT & SAFE Weekend!!

Week in Review: Feb 22-26

Happy Friday Readers! We’ve conquered the last week of February and ready to start new challenges on Monday, March 1, right? Right! A Monday and first of the month? Please! Just a little humor to get us going but as always, here’s to your week in review.

Tip of the Week – Discovery

The Juvenile Code has similar discovery rules to those followed in adult criminal court.  Though Juvenile Court is in District Court, most jurisdictions understand that discovery transfer is a practice for both misdemeanors and felonies in Juvenile Court.  Even if there’s an “automatic discovery” rule in your jurisdiction, you should always file a motion  to receive discovery.  Note that the state may also file a reciprocal motion, which may impact your decision on presenting expert opinion testimony or reports.

Have you seen our FINAL #BlackHistoryMonth Spotlights?

Charlotte Dover (Left) & Aleta Ballard (Right)

This week we showcased two great attorneys and their work within the juvenile defense community. First up was Charlotte Dover on Tuesday and Aleta Ballard on Thursday via our Twitter and FaceBook pages. To catch up on their spotlights: You can see Charlotte’s spotlight here & Aleta’s spotlight here. We would like to thank all of our Spotlight Attorney’s for being so willing to participate and show us what #BlackHistoryMonth means to each one of them and the importance of equality in our juvenile justice system. We appreciate you!

And if you haven’t followed us on Twitter & FaceBook yet, click the links to do that too!

LGBTQ CLE: Representing LGBTQ Youth

OJD would like to thank Ames Simmons on his presentation for our Representing Youth CLE held on Wednesday. The class covered topics such as a LGBTQ 101, pronouns, identity, how to support and approach young LGBTQ members who may not know how they identify and how to advocate for them individually.

Eric Zogry for the NC Bar Blog

OJD’s Eric Zogry was a guest blogger for the NC Bar titled, “Reconsidering North Carolina’s Minimum Age of Jurisdiction. He speaks on the need to raise the minimum age of children that can be charged with a crime, citing committees and tasks forces that have worked to recommend what that age should be. To read Eric’s blog, click here.

Happy Weekend!

Week in Review: Feb 15-19

Happy Friday Readers! We finally made it to the weekend, how good does it feel? Not to keep you waiting, let’s get right to it.

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.

FROM IDSIMPORTANT

The Commission on Indigent Defense Services recently approved a modest, but much-needed, partial restoration of rates paid to private counsel providing representation in some case types. Specifically, the Commission voted to raise by $5 an hour the rate for high-level felonies, with a corresponding increase in non-hourly representation for adult criminal and juvenile delinquency proceedings. The Commission also voted to raise by $5 an hour the rate for DWI and Class A1 misdemeanors disposed of in the district court, with a corresponding increase in non-hourly representation. The increases approved by the Commission will take effect on March 1, 2021. Please click here to read the notice from Darrin Jordan, the Commission Chair, and IDS Executive Director, Mary Pollard. Also, if you have any questions, please reach out to Whitney Fairbanks via email.

Have you seen our #BlackHistoryMonth Spotlights?

Dorothy Hairston-Mitchell & Sharif Deveaux

This week we showcased two great attorneys and their work within the juvenile defense community. First up was Dorothy Hairston-Mitchell on Tuesday and then Sharif Deveaux on Thursday on our Twitter and FaceBook pages. To catch up on their spotlights: Click here for Dorothy & Click here for Sharif.

OJD CLE NEXT WEEK!

Wednesday, February 24, 2021 at 2:30 PM, OJD is hosting “Representing LGBT Youth”. This CLE will be presented by Ames Simmons, the Policy Director for Equality NC. This program will be a 90 minute CLE, with application pending and FREE TO THE FIRST 35 REGISTRANTS. This webinar includes a general review of introductory concepts and terminology related to LGBTQ identities, including the importance of pronouns to professionalism. We will discuss gender-expansive youth and the processes of gender transition for young people. We will talk about LGBTQ youth in out-of-home custody and present best practices for advocating for LGBTQ young people in the juvenile legal system. CLICK HERE TO REGISTER.

Got Some Extra Time This Weekend?

Kids Behind Bars: Life or Parole is a 2020 show that premiered on A&E and covers the individuals stories of youth sentenced to Life without Parole who are now seeking resentencing due to changes in law throughout their imprisoned life and new evidence. This show is not indicative of strategy or pertinent information of NC law and statute, this is shared simply for additional information on how changes in LWOP have affected juvenile justice. To watch and learn more, click here.

Week in Review: Feb 8-12

Happy Friday Readers! We hope your week was productive with plenty of moments to catch your breath too. Couple of announcements for you this week, along with a new (and free) OJD CLE!

Tip of the Week!

Where Can I Find the Law on RTA?

If you want to see the Session Laws which include the Raise the Age changes, see:

Senate Bill 413: 2019 Session Amendments to the RTA Bill (Juvenile Justice Reinvestment Act)

Senate Bill 257: The final bill budget for Session Law 2017; info pertaining to the Juvenile Justice Reinvestment Act can be found on pages 309-325

You can also check out the NC General Assembly website.  Look under “Bills and Laws,” then “General Statutes.”  You can search by citation or test, or you can look at Chapter 7B under the Table of Contents, and see the most recent changes to statute text on the right side of the statute.

FROM IDS

The Commission on Indigent Defense Services recently approved a modest, but much-needed, partial restoration of rates paid to private counsel providing representation in some case types. Specifically, the Commission voted to raise by $5 an hour the rate for high-level felonies, with a corresponding increase in non-hourly representation for adult criminal and juvenile delinquency proceedings. The Commission also voted to raise by $5 an hour the rate for DWI and Class A1 misdemeanors disposed of in the district court, with a corresponding increase in non-hourly representation. The increases approved by the Commission will take effect on March 1, 2021. Please click here to read the notice from Darrin Jordan, the Commission Chair, and IDS Executive Director, Mary Pollard. Also, if you have any questions, please reach out to Whitney Fairbanks via email.

Have you seen our #BlackHistoryMonth Spotlights?

Lyana Hunter (left) & Staisha Hamilton (right)

This week we showcased two amazing women and their work within the juvenile defense community. First up was Lyana Hunter and then Staisha Hamilton. To catch up on their spotlights, click here for Lyana and click here for Staisha!

OJD CLE OPPORTUNITY!

Wednesday, February 24, 2021 at 2:30 PM, OJD is hosting “Representing LGBT Youth”. This CLE will be presented by Ames Simmons, the Policy Director for Equality NC. This program will be a 90 minute CLE, with application pending and FREE TO THE FIRST 35 REGISTRANTS. This webinar includes a general review of introductory concepts and terminology related to LGBTQ identities, including the importance of pronouns to professionalism. We will discuss gender-expansive youth and the processes of gender transition for young people. We will talk about LGBTQ youth in out-of-home custody and present best practices for advocating for LGBTQ young people in the juvenile legal system. CLICK HERE TO REGISTER.

THATS ALL FOR THIS WEEK! HAVE A GREAT WEEKEND!

Week in Review: Feb 1-5

Happy Friday Readers! February is the shortest month in our calendar but what some like to call, “the real start to the new year, January is a test run.” February also brings Black History Month and we have some great shares coming your way this month, so keep an eye out on our socials!

ANNOUCEMENT

In a a week or two, OJD will be undergoing a bit of a makeover. Our website is getting a whole new look and feel to better fit the needs of a growing and changing audience. Please bear with us during that time and if you need anything, feel free to email or call and we will make sure you get your motions, forms, and tips. Thanks!

Tip of the Week

Transcript of Admission Tips 

Filling out a transcript of admission on any admission of a new offense is important for several reasons.  It memorializes the record of admission in writing if subject to an appeal.  Reviewing the transcript with your client helps your client better understand the admission and the rights s/he is asserting or waiving.  Make sure you complete the transcript with your client present and do so in a confidential space. Consider making a copy of the transcript to keep at the attorney table to help your client answer questions.  Stand with your client when the court asks your client the listed questions and be prepared to confer with your client if any issues arise.

Resources

Don’t forget about our guest blogs that have been posted recently. They contain some very important information alongside some extra tips to make our Defenders even better than they already are!

The Kitchen Sink: Written by David Andrews on challenging automatic transfers.

Yasi: Written by Kim Howes and discusses the new Youth Assessment tool and issues to be aware of.

Black History Month – Did You Know?

Juvenile girls, ages 14-17 held in detention. Source: Biography.com

As Defenders and Juvenile Justice advocates, we know that the voice of children can challenge and change the way we think and increase our desire to make the world a better place for them. This is not a new way of thinking and is evident throughout history and here is just one of many stories below:

On May 2, 1963 in Birmingham, Alabama is known as the Children’s Crusade or most notably called, “The Birmingham’s Children’s Crusade.” This was a series of non-violent demonstrations held by children aging from 5-17 and a result of the incarceration of Martin Luther King, Jr and his “Letter’s from a Birmingham Jail” among others detained during civil rights movements in Alabama. The Southern Christian Leadership Conference and Alabama Christian Movement for Human Rights believed that if officers saw young children present, and trained them in non-violent tactics, but that was not the case. 100s of young children were arrested and detained and on the second day, the Commissioner of Public Safety ordered pepper spray to be used on the children, also hitting them with batons and threatening them with police dogs. Under the threat of harm, these children continued to protest the business segregation in Birmingham and lack of civil human rights they were receiving. By May 10, after national visibility and frustration, Birmingham city leaders agreed to desegregate businesses and free all the jailed children and adults from the demonstrations. In response to the Children’s Crusade, Dr. King said. “Even though we realized that involving teenagers and high-school students would bring down upon us a heavy fire of criticism, we felt that we needed this dramatic new dimension…Our fight, if won, would benefit people of all ages. But most of all we were inspired with a desire to give to our young a true sense of their own stake in freedom and justice. We believed they would have the courage to respond to our call.”

To read more about this historic event, please click here.

THANKS FOR READING!

HAVE A GREAT, SAFE, FUN, AND COZY WEEKEND!

Week in Review: Jan 25-29

Happy Friday Readers!! It feels like January is taking forever to move on into February but hey! We’ll take it. This week was pretty quiet so let’s recap some of what happened.

Tip of The Week

Suppression motions aren’t often used in the District Court setting (outside DWI cases), however juvenile court offers many opportunities for suppression.  The juvenile code outlines the procedure for filing a motion to suppress (§7B-2408.5) and it may be made either in writing before the adjudicatory hearing or orally during the hearing.  Consider whether or not your client’s statement or identifications may be subject to suppression.  Remember – “in custody” is an objective test!  The test is whether a “reasonable juvenile” in the position of the respondent would believe him/herself to be in custody OR that s/he had been deprived of freedom of action in some significant way, and is not based on the subjective intent of the interrogator or the perception of the person under questioning.  That means if your client is in the principal’s office and the SRO is standing in front of the door, would your client feel free to leave?

NC IDS Re-Appointments

During the IDS Commission’s quarterly meeting on January 22, 2021, IDS voted to re-appoint Rob Sharpe as the Capital Defender for the Office of the Capital Defender and our very own Eric Zogry as the Juvenile Defender. To read more about these great public servants and their roles, click here.

THANK YOU!

Big thanks to Jason Mahoney for presenting yesterday during our first CLE of the year. This training covered best practices for our Defenders to protect themselves and their mental health when being exposed to multiple traumatic stories or actions a day. The training also covered ways to ensure Defenders are taking care of themselves as well, discussing ways to add in some self-care in their day. Definitely worth re-watching and you’ll be able to do that soon on our Defender Only Page.

From A Lawyer’s View

Have you read our latest entry on From A Lawyer’s View? If not, click here to catch up!

Next Week!

February 5, 2021, NC CRED is hosting a free virtual symposium beginning at 1 PM. Please click here to register. Here is a brief synopsis of the program:

“First, a panel of historians (Timothy Lovelace, Seth Kotch, and David Cecelski) will describe the historical origins of these modern forms of brutality. Second, a panel of activists and advocates (Dawn Blagrove, Will Elmore, and Henderson Hill) will discuss the ways racial violence is wielded today and the importance of exposing its historical roots. Finally, keynote speaker James Ferguson will offer closing thoughts on how we reckon with racial terror, in all its forms, to end its grip on our nation.

IDS will continue to offer the webinars as part of a more formal series, which will help make it easier for you to attend, while getting CLE credit! This new series will start on Feb. 4.

If you’d like to attend some or all of the programs, please sign up using this link. We look forward to seeing you on the webinars! 

Social Media

NC CRED is now on social media! Follow them

Twitter: https://twitter.com/nc_cred Instagram: https://instagram.com/nc.cred

And don’t forget to follow us! Twitter: https://twitter.com/ncojd Facebook: https://www.facebook.com/NCOJD/

HAVE A GREAT WARM WEEKEND!