OJD Week in Review: 09/16-09/20

This week has been an exciting time for OJD. Not ONLY was there training in Gaston County BUT OJD welcomed two employees into the office (who also trained in Gaston!). Keep reading for all the news.

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.

CASE NOTES

There were two new published opinions last month, one from the NC Supreme Court and the other from the Court of Appeals. In the Matter of T.T.E., decided by the Supreme Court, the Court reversed the Court of Appeals decision vacating the juvenile’s adjudication and disposition orders of disorderly conduct. Justice Earls wrote a lengthy dissent, which is worth reading.

In the Matter of J.B., the Court of Appeals, in a divided opinion, reversed the trial court’s adjudication and disposition orders for second degree sexual exploitation of a minor, first degree forcible sexual offense, and an attempted larceny admission. The Court also addressed the juvenile’s right to confrontation, the commitment of the juvenile to YDC, and confinement pending appeal. You can find the summary for In the Matter of T.T.E. here, and In the Matter of J.B. here.

Gaston County Training

Tuesday, September 17 OJD visited Gastonia, NC and provided essential training to defenders and legal teams regarding Raise the Age and Juvenile Defense Basics. Our Assistant Juvenile Defender Kim led Juvenile Basics while our NEW Project Attorney tackled all the information for Raise the Age.

Missed this CLE? Contact our office if you’re interested in attending or scheduling training for your county.

New Employees

Meet OJD’s new Project Attorney, Austine Long. Here’s a bit about her:

Before coming to join our office, she worked as a Program Attorney for at the UNC School of Government where she designed trainings for public defenders and private attorneys appointed to represent indigent clients. She also previously worked as the drug court coordinator for the Montgomery County Circuit Court Adult and Juvenile Drug Courts in Maryland. She has served as a project director at the National Association of Drug Court Professionals (NADCP) and an assistant public defender for the 14th Judicial District in Durham, NC, where she handled only juvenile cases. For seven years prior to that, she was in private practice focusing on juvenile, family, and criminal law.

*Extra: Austine’s previous position is now seeking applicants. For more information visit: https://unc.peopleadmin.com/postings/168727

Meet OJD’s new Communications & Office Manager, LaTobia Avent. Here’s a bit about her:

Before taking her position with OJD, LaTobia worked in the private sector for 7 years at AT&T Mobility as a Supervisor. She graduated from Southern New Hampshire University with her Masters in Communications in 2019 and prior to that, she attended North Carolina A&T where she received her bachelors in English in 2011. She loves social media and connecting with the world, which is her goal with OJD, connecting defenders to vital information. Through her gained communication skills at AT&T and using her passion of social media, advocacy and all things human connection, she hopes to extend OJD’s reach to attorneys and justice fighters alike. Follow OJD on Facebook for just how she does it: Search “NC Office of the Juvenile Defender”

Have a GREAT weekend and BE SAFE!

OJD Week in Review: June 17 – 21

Greetings and happy Friday!  This week there is a new tip, a case law update, and the normal reminders.  And because July 2 is rapidly approaching, please note there is still time 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!

Case Law Update

Back in January of this year, the Court of Appeals filed an opinion, In the Matter of E.M.  The decision on the case had been stayed pending the State’s petition for discretionary review, which was denied last Friday.  Please be advised that based on this new case law, when faced with any amount of evidence of mental health/developmental disabilities/substance abuse, the trial court has a statutory duty to refer a juvenile to the area mental health services director for a multidisciplinary evaluation.  To review the opinion, please check our Case Summaries List here.  This case can be found in section 15 – Dispositions: Sentencing.

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Tip of the Week – Was the Petition Properly Amended

The court may permit an amendment to the petition when it does not change the nature of the offense charged (N.C.G.S. §7B-2400).  When the amendment changes the nature of the offense, it is a jurisdictional issue that cannot be waived.  So, if you agree to admit to a charge that is not a lesser included offense, the prosecutor needs to dismiss the original petition and file a new petition with the agreed upon new offense.  This doesn’t have to be complicated and can happen in court.  Make sure the court counselor signs and approves the new petition for filing and then you can waive notice and proceed with the admission to the new agreed upon offense.

Job and Fellowship Opportunities

Today is your last chance to apply for the National Juvenile Justice Network (NJJN)‘s executive director position.  The executive director will be responsible for fundraising, strategic planning, communicating with board members, supervising staff, and ensuring that the organization adheres to its intersectional and anti-racist practices and principles in its internal operations.  To see the full job description, please go here.  To apply or if you have questions, please contact NJJN 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 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.

The deadline for online registration of the 2019 Defender Trial School is Tuesday, June 25.  This event, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, will be held Monday, July 8, through Friday, July 12, at the School of Government on the UNC-Chapel Hill campus.  Defender Trial School participants will use their own cases to develop a cohesive theory of defense at trial and apply that theory through all stages of trial, including voir dire, opening and closing arguments, and direct and cross-examination. The program will offer roughly 29 hours of general CLE credit.  The Defender Trial School is open to public defenders and a limited number of private attorneys who perform a significant amount of appointed work.  IDS has expanded the number of fellowships available to cover the registration fee, but please note there is a limited number of fellowships.  If you have any questions or would like additional information, please email Kate Jennings or Professor John Rubin or call 919-962-3287/919-962-2498.  To register, find a fellowship application, see the agenda, or find any other information, please check out the course page here.

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That ends our end-of-week report.  Please make sure to subscribe to the OJD blog if you haven’t already and head over to our OJD Twitter and Facebook pages as well to get updates, relevant articles, and other juvenile defense-related content throughout the week!

OJD Week in Review: Mar. 4 – 8

Welcome back!  This week we’re bringing attention to an update on our “Materials” page, a new tip, a fellowship opportunity, and training announcements.

Tip of the Week – Was Your Client’s Parent Present?

Any juvenile under the age of 16 must have a parent present for any in-custody interview. Any statement made without the parent’s presence is not admissible into evidence (§7B-2101(b)). Remember – “in-custody” is an objective test and uses the “reasonable juvenile” standard!

New Resource

We have updated our case summaries list, including new cases such as In re E.M. and In re B.B. and removing the broken links for all cases that took place prior to 2006.  Please feel free to download and review these cases as needed here.  If you find any issue with the document or its links, please contact our office.

Fellowship Opportunity

ChristyYJLIThe National Juvenile Justice Network (NJJN)  is now accepting applications to the 2019 Youth Justice Leadership Institute!  The Institute is a year-long fellowship program focused on developing a strong base of well-prepared and well-equipped advocates and organizers who reflect the communities most affected by juvenile justice system practices and policies.  This program is geared towards individuals of color working as professionals in the juvenile justice field, who may also be young adults who are system survivors themselves, or family members of someone in the system.  Each year, 10 fellows from across the country are selected to develop their leadership and advocacy skills in the context of a robust curriculum around youth justice reform.  The fellowship is completed concurrently with fellows’ current employment, so fellows do not have to leave their jobs to participate in the Institute.  The fellowship includes two fully financed retreats, mentoring and frequent distance learning opportunities.  Interested in learning more about the Institute, or know someone who might be?  NJJN will be hosting two informational webinars on March 21 and April 4, led by the Institute’s coordinator, Diana Onley-Campbell.  To learn more or apply, find additional info here, or please register for one of the informational webinars here.  The deadline to apply for the fellowship will be 11:59 p.m. on April 29th.

Training

Registration for the “2019 Regional Training for Indigent Defense: Special Issues in Felony Cases” is now open to IDS contract attorneys and to privately assigned counsel representing indigent clients.  The training will focus on special issues in felony cases and include a two hour session on gangs.  The Regional Training will be held on Thursday, March 21 at the East Carolina Heart Institute (ECHI) at ECU, located at 115 Heart Drive, Greenville, NC 27834.  The training will take place in the Conference Room beginning at 12:45 p.m.  Free parking is available in the visitor lots adjacent to ECHI as well as the Family Medicine building next door.  Refreshments will be provided.  To register and to find additional program information, visit their course page here.  The registration deadline for the Regional Training is 5:00 p.m. on Monday, March 18.  The registration fee is $95.00, which includes materials, CLE credit, and snacks.  The training will offer 3.0 hours of general CLE credit.  If you have any questions or would like additional information, please contact Program Attorney, Austine Long at along@sog.unc.edu or 919.962.9594 or Program Manager, Tanya Jisa at jisa@sog.unc.edu or 919.843.8981.

On March 15, from 10:00 a.m. to 4:45 p.m., the UNC School of Government (SOG) will be hosting the first North Carolina Criminal Justice Summit in the the University of North Carolina at Chapel Hill’s Carolina Club.  The Summit will be lead by SOG’s own Professor of Public Law and Government Jessica Smith and will feature national and state experts with broad-ranging ideological perspectives who will discuss key issues capturing attention in North Carolina and around the nation, including bail reform, overcriminalization, and barriers to re-entry, such as fines and fees, the criminal record, and collateral consequences.  Join the conversation as they explore how these issues impact justice, public safety and economic prosperity in North Carolina, and whether there is common ground to address them.  This event will be free to attend, lunch will be provided, and it offers 5 hours of CJE and free CLE credit.  Attendees are responsible for their travel expenses, including a $14 event parking fee.  For those arriving the night before, state rate and discounted rooms at local hotels will be available.  For more details, please visit here.

Call to Action!

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North Carolina is in need of dedicated defenders today!  With the expected increase of juvenile defense cases following the full implementation of Raise the Age, North Carolina’s juvenile defender community will be in need of quality juvenile defense attorneys.  We want to encourage attorneys with a passion for protecting our most vulnerable populations, whether you possess decades of experience or you’ve been practicing for just over five years, to consider specializing now.  We also want attorneys fresh out of law school and those currently in law school to plan to take the specialization exam later in their career.  For details on specializing in North Carolina, please check out the link here (links also available on the sidebar).  Applications for the specialization exam with the N.C. State Bar should be open between May and July this year.  For additional resources and information about specializing, please check out the National Juvenile Defender Center’s page here.

That will be all for now, folks!  Please check us out on OJD’s Twitter and Facebook for posts throughout the week.

OJD Week in Review: Jan. 14 – 18

Happy Friday!  This week we’ve got another tip for juvenile defenders, one new job opportunity and some reminders.

Tip of the Week – Contacting Your Client

When contacting your client for the first time, you should use as many methods as feasible.  Send a letter to both the client and parent/guardian.   Call to set up an appointment.  And be sure to contact the intake counselor to make sure you have the correct contact information.  If you aren’t able to meet before court, ask the court for a continuance.  Building a relationship with your client and building your case can’t happen on the courthouse steps.

Job Opportunities

The Office of Indigent Defense Services (IDS) is currently seeking a new Regional Defender.  The ideal candidate will have the ability to provide oversight to professionals, have knowledge of General Statutes, case law and responsibilities of contractors, and have skills in representing indigent defendants, problem solving, and relationship building.   IDS prefers applicants with some teaching/supervisory experience and a minimum of five years of experience with criminal defense work representing indigent clients.  The deadline for applications will be Jan. 27.  You can apply and see more on this opportunity here.

On Dec. 1, Indigent Defense Services issued a Request for Proposals (RFP) in Caswell, Person, Alamance, Orange, and Chatham counties.  The current contracts for adult noncapital criminal cases at the trial level and per session court cases in those districts will expire on May 31 and renew on June 1.  The RFP (RFP #16-0002R) seeks services for adult noncapital criminal cases at the trial level, juvenile delinquency, abuse/neglect/dependency and termination of parental rights, and treatment courts.  Please note that the RFP will not seek offers for potentially capital cases at the trial level, direct appeals or post-conviction cases.  Also, the juvenile delinquency RFP will only include Caswell, Alamance, and Person counties.  The deadline for electronic offers is Feb. 15.  To access the RFP, please check here.

Training

Save the date!  The 2019 Regional Training for Indigent Defense: Special Issues in Complex Felony Cases will be held on March 21 at the East Carolina Heart Institute at East Carolina University in Greenville, N.C.  The training will focus on topics relevant to criminal law practitioners and is open to IDS contract attorneys and privately assigned counsel.  Participants will receive three general CLE credit hours.  Registration should open later this month.

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And… another week down for 2019, but be on the look out for our Year in Review next week!  Please join us over on Twitter and Facebook for other news and updates throughout the week and we will have more to come soon.  We hope you enjoy the MLK weekend.

OJD Week in Review: Oct. 1 – 5

Happy First Friday!  This week, as far as news, we’ve got one new job opportunity added.

We also want to mention that we are still updating our Case Summaries list.  Most recently, we’ve added the published delinquency opinion for In re J.B., which deals with self-incrimination.  We do want to apologize for any issues with the links to the PDF versions of the opinions.  The addresses still work when copied into a browser, but we are aware that the hyperlink within the document gives an error message.  We apologize for that inconvenience, and we are still seeking solutions around it.

Job Opportunities

The Council for Children’s Rights is seeking to hire a full-time juvenile defense attorney for its Children’s Defense Team.  The juvenile defense attorney will primarily represent children in the Mecklenburg County Juvenile Court.  To apply, please submit a resume and cover letter here by Oct. 16.

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The Lousiana Center for Children’s Rights (LCCR) is currently accepting applications for a Miller staff attorney, a regional mitigation specialist, and a Miller mitigation supervisor.

Training

On Oct. 18, from 3 p.m. to 5 p.m., the North Carolina Advocates for Justice Juvenile Defense Section in collaboration with the Office of the Juvenile Defender will be hosting a CLE in Asheville, N.C. at the Lexington Brewery.  This CLE will have presentations from IDS Regional Defender Valerie Pearce, discussing the ethical obligations to representing youth following the full implementation of Raise the Age, and Assistant Juvenile Defender Kim Howes, discussing strategies for utilizing resources and advocating for the best results for clients to set them up for success.  One CLE credit hour in ethics and one general  CLE credit hour for this course are currently pending with the Bar.  A sidebar social will also be held at the same location at 5:30 p.m.  You do not need to be a member of NCAJ to attend this CLE.  Everyone can attend for free and pay their CLE credit fees directly to the Bar.  To RSVP, please contact Valerie Pearce by email here or call 919-667-3369.

On Nov. 16, the UNC School of Government will be hosting a Back to School CLE from 8:45 a.m. to 5 p.m.  The training offers 6.25 hours of CLE credit, including an hour of ethics and an optional hour of substance abuse credit.  Topics will include civil and criminal case law and legislative updates, the opioid epidemic, and a review and preview of the U.S. Supreme Court.  Registration will be $300 and the deadline to register will be Oct. 31.  Lunch will be provided.  To register please visit the UNC SOG site here.

That is all there is for this week.  Thanks for reading and have a great weekend!

New Resource: Making A False Report Concerning Mass Violence on Educational Property

In light of the Parkland school tragedy, it seems that there has been an increase in juveniles being charged with the felony of “Making a False Report Concerning Mass Violence on Educational Property.”  In many of the cases we’ve been made aware of, there has not been much interest in reducing the charge made in the petition, or of diverting the juvenile.  As a result, we’ve created a Quick Tips Strategy Sheet that we hope will be helpful.  For future reference, this strategy can also be found under the “School-Related Issues” section on our “Training Material – Listed by Subject” page.  If you have any suggestions or feedback, we’d love to hear from you!

Also be aware that the General Assembly passed HB 670, which created a new crime – “Communicating a threat of mass violence on educational property.”  This is a Class H felony, unlike the Class 1 misdemeanor Communicating Threats.  The same definitions that are found in N.C.G.S. §14-277.5 apply in the new N.C.G.S. §14-277.6.  This new law is effective for offenses committed on our after December 1, 2018.

 

OJD Week in Review: June 11 – 15

Thanks for joining us once again!  This week there is little new content, but there are several deadlines approaching for CLE training and certificate program applications we want to bring attention to.

We would like to take a moment to recognize Juvenile Defender Eric Zogry for being honored during the 2018 Defenders of Justice Awards for policy and research advocacy.  The ceremony took place last Friday night at the Carolina Club in Chapel Hill.  Zogry was recognized for his years of advocating for the passage of the Raise the Age legislation and leadership in developing policies and performance guidelines for juvenile defense.  The honorees included Executive Director of the N.C. Center on Actual Innocence Christine Mumma, the Honorable Charles L. Becton, and Director of Lumberton’s Seeds of H.O.P.E. Project and Disaster Recovery Center Adrienne Kennedy, among a few others.

For any other attorneys in North Carolina who have received awards or some other honors, please let us know and provide us with a picture of yourself and/or your award so that we can recognize you as well!

Training

Registration for the 2018 Annual Contractor and Assigned Counsel Training will close at 4 p.m. today.   This training is to be held on June 22 from 9 a.m. to 4:30 p.m. at the School of Government in Chapel Hill.  This training, cosponsored by the Office of Indigent Defense Services (IDS) and the School of Government, is open to all IDS contract attorneys who represent defendants in misdemeanor and felony cases and all privately assigned counsel.  Topics will include case law updates, defending habitual felony cases, suppressing evidence in district court, defending domestic violence cases, immigration update and mitigation investigation.  The sponsors have already applied for one CLE credit hour of substance abuse/mental health and five general CLE credit hours.  Lunch will be provided.  To register for this annual training, please visit the page here.  The registration fee is $165.00 and preregistration will be required but space is limited.  For additional info please contact Austine Long or Susan Jensen.

Registration is open for the N.C. Bar Association’s annual meeting, this year titled “The Future of Law”.   This event will be hosted at the Wilmington Convention Center from Thursday, June 21,  to Sunday, June 24.  Topics covered will include artificial intelligence, virtual reality, design thinking in the law, and the future of legal service delivery.  For further info and to register please check out the NCBA website and the event brochure.

The Office of the Juvenile Defender will be hosting a Juvenile Court Basics Training on June 29.  This training will be held at 320 Chestnut Street, Wilmington, N.C. 28401 in the 6th floor training room from 9 a.m. until noon.  Attorneys from all districts are invited to attend.  We hope to see you there!  Other Juvenile Court Basics trainings could be arranged at a district near you in the future!

Save the Date!  The Bridging The Gap III Seminar will be in Winston-Salem September 20-21, 2018.  Participants in this seminar will be awarded 10.25 CLE credit hours, including 1.5 credit hours in ethics, professional responsibility and professionalism.  The registration fee is $115.00.  The focus of this seminar will be on client and family relations, and pretrial resolution.  Registration and hotel information will be published in early July.  A block of 40 rooms will be available once the registration is published.  For an attorney to attend he or she must have at least 7 years’ experience.  The “ gap” in Bridging The Gap describes lawyers who have never taken murder cases and are considering taking them on, and lawyers who have taken non-capital murder cases and are considering taking capital cases.  The seminar, hosted by the Office of the Capital Defender, focuses on issues relevant to both non-capital and capital murder cases.  If you have questions or need additional information, please contact Terry Alford.

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Please save the dates for the 2018 Parent Attorney and Juvenile Defender Conferences.  Parent Attorney Conference will be held Thursday, August 16 and Juvenile Defender Conference will be held Friday, August 17.  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, offer approximately six hours of CLE credit, and feature speakers from across the state.  Registration will open in the next few weeks with a formal announcement and full details.

The 2018 Defender Trial School, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, will be held Monday, July 9, through Friday, July 13, at the School of Government on the UNC-Chapel Hill campus.  The online registration deadline will be at 5 p.m. on Monday, June 25, and interested parties may register here.  Defender Trial School participants will use their own cases to develop a cohesive theory of defense at trial and apply that theory through all stages of trial, including voir dire, opening and closing arguments, and direct and cross-examination.  The program will offer approximately 30 hours of general CLE credit and qualifies for NC State Bar criminal law specialization credit, but attendees must attend all sessions.  The Defender Trial School is open to public defenders and a limited number of private attorneys who perform a significant amount of appointed work.  The registration fee for privately assigned counsel will be $700, which includes materials, breaks, lunches and parking, however Valerie Pearce and Tucker Charns can provide info for those interested in fellowships.  For additional info, please check out the program webpage.

From Around the Community

Today is the deadline for applications to the Center for Juvenile Justice Reform ‘s  2018 School-Justice Partnerships and Diversion Pathways Certificate Program.  This program will be held Sept. 24 – 28, in Washington, D.C.  This program, held in partnership with the American Institutes for Research and the National Center for Mental Health and Juvenile Justice, will provide an intensive, week-long training to help school and district staff, court professionals, law enforcement, and child-serving leaders address the needs of youth involved in or at risk of entering the juvenile justice system.

Standard registration for the 81st Annual National Council of Juvenile and Family Court Judges Conference is still available until July 2.  The event this year will take place at the Hyatt Regency Denver at the Colorado Convention Center from July 22 – 25.  The conference will offer presentations/training tracks on  topics such as family law, juvenile justice, child welfare, and family violence.  This conference is judicially-focused and open to all those interested in the improvement of juvenile and family justice.  For registration and further info, please visit the NCJFCJ website here.

81st Annual Conference

The National Juvenile Justice Network will be hosting its 2018 Forum in Durham, N.C. from July 16 – 18 at the Duke University School of Law (210 Science Dr, Durham, NC 27708).  This event, co-hosted by the Youth Justice Project of the Southern Coalition for Social Justice and Duke Children’s Law Clinic, is meant to be a fun networking and training setting for juvenile justice advocates.  July 16 and 17 will be open to NJJN members only, and the final day will be open to the public.  For details on travel assistance, the current agenda, and lodging, please visit their site here.

Job Opportunity

The Southern Coalition for Social Justice still has an opening for an executive director.   The ideal candidate will have strong organizational, communication, and leadership skills, a demonstrated passion for social and racial justice, and experience in developing successful relationships in diverse communities.  For the full job description, please check the post here, and to apply please send all queries here.

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Thank you for checking out this week’s wrap-up.  We plan to have more new content to share in the coming weeks!