IDS Now Offers Immigration Consultations For Attorneys

IDS is excited to announce a new resource for counsel representing appointed clients. As you know, the Supreme Court held in Padilla v. Kentucky, 559 U.S. 356 (2010), that the effective assistance of counsel may require counsel to provide advice about the potential immigration consequences of the possible resolutions of the case.  Even highly competent criminal defense counsel may not be able to meet the requirements of Padilla without assistance from trained immigration counsel.  In order to assist counsel in meeting this requirement, IDS has contracted with two, experienced immigration attorneys; Helen Parsonage and Robert Lamb.  Ms. Parsonage and Mr. Lamb will provide immigration consultations for counsel representing appointed clients.

We have added an Immigration Consequences page to our website, where you will find an explanation of the process, a link to an on-line form that you can use to request immigration advice, and a printable version of the form that you can use when interviewing your client or otherwise gathering the required information. http://www.ncids.org/ImmigrationConsult/Links.htm?c=Immigration%20Consultations.   There may be an issue if you are using Chrome as your browser, which should be fixed, otherwise you can start using this resource now.

As explained on the Immigration Consequences page, do not delay in seeking immigration advice when your client may face immigration consequences.

If you are an APD, Susan Brooks previously sent an email regarding how you should use this service.

OJD Week In Review: Oct. 23-27

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Last weekend, from Oct. 20-22, the National Juvenile Defender Center held its 21st Annual Juvenile Defender Leadership Summit in Albuquerque, NM.

During this year’s Summit, topics included challenging the use of electronic monitoring in juvenile court, the impact of social media, acquiring discovery, unfair fines and fees imposed on youth and their families, expunction, and education advocacy.  N.C. Juvenile Defender Eric Zogry also joined a panel alongside Joshua Dohan, director of the Youth Advocacy Division of the Committee for Public Counsel Services in Massachusetts, and Devon Lee, legal counsel for the Office of the State Public Defender in Wisconsin, to discuss the challenges and successes of juvenile defense systems in different states.

Other faculty attending the conference included Teayra Turner, project associate at the National Juvenile Defender Center, Richard Ross, a photographer, researcher and Distinguished Professor of Art at the University of CaliforniaRandee Waldman, director of the Barton Juvenile Defender Clinic at Emory University School of Law, and Justice Barbara Vigil of the New Mexico Supreme Court, among many others.  Please find the full list of materials, publications, and other resources from the event here.

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Useful Tidbits

The Bureau of Justice Statistics has released a new special report on “Federal Prosecution of Commercial Exploitation of Children.”  This report examines cases prosecuted in the federal criminal court system between 2004 to 2013 and includes offenses related to the possession and production of child pornography and child sex trafficking.

The National Juvenile Justice Network has released a new policy platform which provides recommendations on improving relationships between law enforcement and youth of color.  The recommendations in this document include ending the militarization of law enforcement, racial profiling, and policies on use of force.  The full article can be found here.

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Strategies for Youth (SFY) has provided two new resources in its October newsletter.  The first of these resources, “The Parent Checklist“, is a tool that has been updated to address how school resource officers (SRO) are trained to handle and informed of the conditions of students with special needs and children with immigrant status.  The checklist also has sections to evaluate how parents are notified of complaints against their child, how resource officers are trained, the working agreements between law enforcement and schools, and SROs’ relationships with school faculty.  The second resource, “Be Her Resource“, is actually only referenced by SFY, but created by the National Black Women’s Justice Institute and the Georgetown Center on Poverty and Inequality.  “Be Her Resource” offers insights into the disproportionate contact between for girls of color and law enforcement in schools.

Last Chances and New Opps

We also want to offer one final reminder that applications for the NJDC Gault Fellowship are due on Monday, Oct. 30.  Tell any recent law school graduates you know to hurry and get those references, resumes, and cover letters polished!  The full details for how to apply can be found here.

NJDC has also distributed info for an opening for a full-time training chief with the Massachusetts-based Committee for Public Counsel and an opening for an assistant public defender for juvenile delinquency in the Maryland Office of the Public Defender.  The deadline for applications are Nov. 6 and Nov. 13, respectively.

Those are all of the updates we have for now, but we will be providing more news and activities on next week.  Have a great weekend!

Job Opportunity: Staff Attorney for CDPL

The Center for Death Penalty Litigation in Durham, North Carolina seeks a new staff attorney.

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’s commitment to representing indigent and disadvantaged defendants just as vigorously as corporate lawyers defend their highest-paying clients, and training other capital attorneys across the state to do the same, has saved the lives of many who faced execution. In addition to representing individual clients, CDPL spearheads litigation and public education campaigns that address systemic injustices and cast light on the arbitrariness and unfairness of our state’s capital punishment system. Over the past decade, CDPL has been a leading force in stopping executions in North Carolina.

Our team of attorneys, mitigation investigators, paralegals, and public education specialists works to identify strategic opportunities to change public opinion and reduce the use of the death penalty. Our office also has a strong commitment to racial equity, and works both internally and externally to combat systemic racism. In addition to handling individual cases, attorneys are encouraged to participate in cross-disciplinary projects that further our goals of ending the death penalty and promoting racial equity.

The ideal candidate will have:

  • Two to seven years of experience practicing law
  • Commitment to ending the death penalty and addressing systemic unfairness
  • Strong oral and written communications skills
  • Understanding of issues common in capital cases, such as mental illness, poverty, racism and substance abuse
  • Interest in advocacy and public education, in addition to direct representation of clients

Applicants should send a cover letter by October 2nd detailing interest, as well as a resume, the names of two professional references, and a writing sample of approximately 10 pages to Ms. Barrie Wallace at barrie@cdpl.org or to her attention at the Center for Death Penalty Litigation, 123 West Main Street, Suite 700, Durham, N.C. 27701.  For additional information, please contact Barrie Wallace at barrie@cdpl.org.

CDPL is committed to diversity and racial equity and is an equal opportunity employer.

“Mothers: What Do They Know? And More Importantly, What Don’t They Know?” by Dr. Antoinette Kavanaugh

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Forensic and clinical psychologist Dr. Antoinette Kavanaugh has recently published an interesting new review on her website.

In the post, Dr. Kavanaugh analyzes and breaks down the psychological study from Caitlin Cavanagh and Elizabeth Cauffman titled “What They Don’t Know Can Hurt Them:  Mother’s Legal Knowledge and Youth Re-Offending“.  In their paper, the researchers examined the correlation between the involvement of mothers in their sons’ legal processes, the knowledge of the mothers in such matters, and the rates of re-offending.

Dr. Kavanaugh offers a satisfying and concise review of the data presented in this report.  In one section Kavanaugh writes, “More than half of the mothers also did not understand the expungement process.  The lack of understanding related to court personnel and the court process is something that many parties in the court system ranging from attorneys, to judges, to probation officers should address more efficaciously.”

She later writes, “Attorneys who represent children often describe the lengths they go to in order to get parents to understand how the child is their client, the types of legal decisions the client has to make, and the limits of the parents’ role.  I think it is reasonable to assume the lawyers involved in the cases in this study did this…  Additionally, the level of the mothers’ legal knowledge was also directly related to their sons’ likelihood of reoffending.  The more legal knowledge a mother had, the less likely her son was to reoffend…  Since [the mothers’] lack of understanding impacts public safety because it is associated with youths’ increased recidivism, the judiciary, probation officers, prosecutors and public defenders should want to increase mothers’ legal knowledge and are advised to gauge their knowledge at different points in the legal process.”

You can view Dr. Kavanaugh’s full review on her website here.  Also, please subscribe on the site to receive future posts from Dr. Kavanaugh directly to your inbox!