OJD Week in Review: Jan. 7 – 11

Welcome!  We’re coming into another Friday with fresh tips, job, training, and podcast reminders.  We also have a summary of the first Juvenile Jurisdiction Advisory Committee meeting of 2019, which took place earlier this week.

Tip of the Week – No Cookie-Cutter Dispositions!

Remember – disposition MUST be tailored to your specific client (§7B-2500) – don’t be afraid to argue against “cookie cutter” plans.  For example – if your client has no known drug/alcohol history, why should s/he be subject to random drug screens as part of probation?  Ask your client if s/he hunts – depending on the charge your client was adjudicated for, consider requesting the prohibition against weapons be waived if s/he is hunting with a responsible adult.

Job Opportunities

Today is the last day to apply for the Juvenile Law Center‘s Staff Attorney.  The Staff Attorney will work in a highly collegial atmosphere with attorneys, communications, development, and operations staff, and in partnership with colleagues around the state and country.  The work will include litigation, policy advocacy, public education, media advocacy, legal and non-legal writing, training, technical assistance, coordinating state or national reform efforts including organizing and facilitating meetings, and other duties as assigned.  The Staff Attorney will think strategically about opportunities to advocate for child welfare and justice systems that are developmentally appropriate, racially equitable, and supportive of youth, families and communities.  .  To apply, please go here.

On Dec. 1, Indigent Defense Services (IDS) 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, 2019 and renew on June 1, 2019.  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

The deadline for applications for the 2019 Juvenile Training Immersion Program (JTIP) Summer Academy is Sunday, Jan. 13.  The JTIP Summer Academy is an annual seven-day intensive training program comprised of sessions from the JTIP curriculum, developed by the National Juvenile Defender Center (NJDC) in conjunction with experts and practitioners from around the country.  It is intended for attorneys who currently defend youth in juvenile court proceedings.  The Academy is targeted at 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.  The JTIP Summer Academy is co-hosted by the National Juvenile Defender Center (NJDC) and Georgetown Law’s Juvenile Justice Clinic & Initiative.  To apply, please find a PDF version of the application here.

every-day-is-training-day

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.

First JJAC Meeting of 2019

On Tuesday, Jan. 8, at the N.C. Division of Adult Corrections and Juvenile Justice building, the Juvenile Jurisdiction Advisory Committee (JJAC) held their first meeting for 2019.   During the meeting, Committee members summarized the plans for the interim Juvenile Age Report, discussed funding recommendations, next steps in planning and new business.

The meeting began with a greeting and review of the minutes from the previous meeting from Committee co-chairs the Honorable Garry Frank and Bill D. Davis before Deputy Secretary for Juvenile Justice William Lassiter began the presentation on the Juvenile Age Report.  Lassiter stated that the future topics in JJAC would include age-appropriate programming in youth development centers and detention centers, hearing presentations from representatives from other states that have implemented Raise the Age legislation, training of stakeholders across the state, business analytics, videoconferencing, and communication planning.  Lassiter mentioned the Committee was currently working on a grant to aid in establishing videoconferencing capabilities statewide.

Lassiter said in multiple stakeholder forums, resources and legislative changes were the biggest concern brought up in each juvenile district.  In addition to the forums, JJAC is also working on establishing new juvenile facility designs, health services, and education, among other things.  There have already been 65 new positions approved for court services to assist with the expected increase in the juvenile justice system and new data collection software is already being utilized.

RTAThe Housing Transfer Subcommittee submitted several recommendations regarding transportation and pretrial custody of juveniles.  It was also pointed out that the recent federal Juvenile Justice and Delinquency Prevention Act of 2018 reinforces the Housing Transfer Subcommittees’ recommendation to house all persons less than 18 years of age in an approved Juvenile Justice Section facility when ordered to be held in custody prior to trial or adjudication.  Part of the legislative recommendations from the subcommittees included defining what motor vehicle offenses would be excluded and including a “beyond a reasonable doubt” standard for gang suppression.

During the discussion on the legislative recommendations, concerns were raised about the legislative directive encouraging school-justice partnerships (SJP), agreements among local stakeholders to divert minor school disciplinary behavior from juvenile court.  Eddie Caldwell spoke on behalf of the Sheriff’s Association, stating the organization supports Raise the Age and believes that the juvenile system has more leverage to work with juveniles than the adult system, providing them with resources and services.  However, the consensus among its members is that SJP only keep kids out of the justice system, preventing them from receiving the services they need.  Caldwell said the greatest concern arises from the vagueness of the language and assumption it can be adopted by all local systems statewide.  Chief District Court Judge Jay Corpening, who piloted one of the first partnerships in New Hanover County, responded that while he appreciated Caldwell’s comments, the program was very successful in his jurisdiction, and that the partnership holds youth accountable by providing effective and appropriate responses without court involvement, and that the result was that schools reported as safer environments.  Members of the Committee invited Caldwell to join them in the SJP subcommittee meeting that followed immediately after the full JJAC meeting to further address concerns with the plan.

AOC Chief Business Officer Brad Fowler discussed AOC funding recommendations, pointing out the need for more district court judges, assistant district attorneys, deputy clerks and legal assistants.  OJD’s request for additional funding for a new assistant juvenile defender was also mentioned and Juvenile Defender Eric Zogry also had a chance to introduce OJD’s new Project Attorney to the Committee.

Director of the Conference of District Attorneys Peg Dorer and Juvenile Resource Prosecutor Rachel Larsen later presented on the funding recommendations for their organization, which included making the Juvenile Resource Prosecutor position permanent to aid in statewide training on juvenile court laws and developing new resources.

At the end of the meeting the Committee voted to accept the changes to the draft of the Juvenile Age report, which only included technical changes, such as grammatical and punctuation, but no substantive changes to the report were made.  Following the adjournment of the full Committee meeting, members broke out into subcommittees to discuss next steps in addressing implementation.

New Resources

Just to bring attention to this once more, we wanted to let everyone know that our latest podcast with forensic psychologist Dr. Cindy Cottle is live!  In this new segment, we talk about Roper v. Simmons, what juvenile defenders should know before contacting an evaluator, the impact that involvement in our current juvenile justice system can have on the mental health of youth, and much more.  You can listen to the podcast here.

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That sums up this 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.

OJD Week in Review: Aug. 27 – 31

Happy Labor Day Weekend!  The news is actually getting slower at the moment but here is something  the juvenile defender community may be interested in…

Raise the Age

On Friday, Aug. 24, the Juvenile Jurisdiction Advisory Committee met and the Division of Adult Correction and Juvenile Justice offered new updates on the implementation plan for Raise the Age.  If you are interested in what was discussed, please check out the material here.

RTA

Training

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.  Lunch will be provided.  To register please visit the UNC SOG site here.

That is it…  Have a safe and exciting Labor Day weekend!

OJD Week in Review: Feb. 19-23

This week we’ve got plenty of important news to share, with updates on Raise the Age, a new podcast, and job and training opportunities.

JJAC Comes Back for Thirds

On February 20, the Juvenile Jurisdiction Advisory Committee (JJAC) met at the N.C. Division of Adult Corrections and Juvenile Justice for its third meeting since its creation.

JJAC

Co-chair Bill D. Davis called the meeting to order, greeting the members of the Committee and others in attendance, before approving the minutes of the previous meeting held in January, and moving onto the new business.

Heather Taraska, Assistant District Attorney of Mecklenberg County, presented the Legislative Revisions and Legal Issues Subcommittee recommendations.  The subcommittee first reported on the mandate in SB257 that the JJAC consider whether certain offenses allegedly committed by 16- and 17-year-olds should be excluded from juvenile jurisdiction once the law goes into effect.  Those offenses can be found under Section 16D.4(rr).  The subcommittee recommended that these offenses not be excluded from juvenile jurisdiction, arguing the impracticality of expecting law enforcement to determine whether juveniles should be charged in the juvenile or criminal system based on certain offenses.  Michelle Hall, Executive Director of the N.C. Sentencing and Advisory Commission, offered statistical data from a five-year period to point out that most felony convictions for certain offenses have actually been accompanied by other charges for juveniles.  The full Committee then voted and approved the subcommittee’s recommendations to include items in Section 16D.4.(rr) (1) through Section 16D.4.(rr)(10) in juvenile jurisdiction and amend the language of this section to read “Any H, I, or misdemeanor offense requiring registration as a sex offender pursuant to Article 27A of Chapter 14 of the General Statutes.”

Following this vote William Lassiter, Deputy Secretary of Juvenile Justice with the Department of Public Safety, presented on behalf of the Housing of Transfers Subcommittee.  The subcommittee’s recommendations included accommodating any child under the age of 18 exclusively in approved juvenile facilities prior to trial, more resources and training of transportation staff, and establishing a unified video conferencing system to allow communications between juvenile detention, adult detention facilities, and the courts.  There were some concerns voiced from the Committee about privacy between juveniles and their defense counsel in regards to the video conferencing recommendation and preparing juveniles to transition into the adult system if they are held in custody on their 18th birthday.  After suggestions were offered to address some of the issues members had with the recommendations in future discussions, the Committee passed these recommendations.

Juvenile Defender Eric Zogry also brought a recommendation to the Committee to fund an additional assistant juvenile defender position for the Office of the Juvenile Defender.  Zogry explained the position would help with training, delivery of services, and technical support needs upon implementation.  The Committee gave approval for the position.

Lassiter returned to offer the proposal for the final report due on March 1 to the Legislature.  The report is to include the approved recommendations from JJAC, timelines for potential stakeholder forums and community meetings, potential issues projected for the future, and milestones and progress to-date.  Implementation dates and funding requests for various aspects of the Raise the Age plan are also to be included.

Finally, Brad D. Fowler, Research, Policy, and Planning Officer of the Administrative Office of the Courts (AOC), and Judge Marion R. Warren, Director of AOC, presented AOC’s requests for funding, which included additional judgeships, assistant district attorneys, district attorney legal assistants, and deputy clerks for several different districts.  With a request to amend the language to the recommendations clarifying the methodology for determining the needs and acknowledging more resources may be needed after implementation, the Committee approved this as well.

The Committee adjourned the meeting and confirmed its next meeting for May 22.

 

Job/Fellowship Opportunities

The UNC School of Government is seeking a tenure-track full-time permanent assistant professor of juvenile justice and criminal law.  The selected candidate for this position will be expected “to write for, advise, plan courses for, and teach” public officials, including judges, magistrates, law enforcement, prosecutors and defenders.  Applications will remain open until the position is filled.  The expected starting date for the new hire will be July 1.  Please find the full details for the position and how to apply here.

The National Juvenile Justice Network (NJJN) is now accepting applications for its 2018-19 Youth Justice Leadership Institute.  This is an annual year-long fellowship program that selects 10 people of color working as professionals in the juvenile justice field to participate in a curriculum to develop their leadership and advocacy skills.  The fellowship can be completed with the fellows’ current employment, so those selected will not have to leave their jobs to participate in the Institute.  The fellowship will include two fully financed retreats, mentoring and frequent distance learning opportunities.  NJJN will be hosting two informational webinars, one on Mar. 8 and another on Apr. 2.  To register for one of these webinars, please visit here.  Applications for the Institute (found here) must be submitted by Apr. 23.

Heard About the New Juvenile Defender Manual?

David Andrews Profile Picture - SmallWe’ve updated our SoundCloud page with a new podcast!  In this segment, OJD Communications and Office Manager Marcus Thompson sits down for a Q&A with Assistant Appellate Defender David Andrews to discuss Andrews’ work on the updated juvenile defender manual.  Andrews not only talks about his experience co-writing the manual with Professor John Rubin, but also shares thoughts on Gault, Raise the Age, and some other important cases.  You can listen to the new podcast here, and as usual, we’d like to thank our friends at the Administrative Office of the Courts who have graciously assisted us with these recordings.

Events Around the Community

The North Carolina Bar Association Juvenile Justice and Children’s Rights Section will be holding a council meeting on March 22, from 4 p.m. to 5 p.m.  A networking reception will be held directly after the meeting at Whiskey Kitchen on 201 W. Martin St. and appetizers and a cash bar will be provided.  All section members and attorneys who could be members are welcome to attend and may RSVP here.

Training Reminders & Webinars

The National Institute of Justice will be hosting a webinar titled “Using Brief Interventions to Prevent Teen Dating Violence” on Feb. 26, from 1 p.m. to 2:30 p.m. (EST).  The webinar will feature several researchers, policy advocates, and practitioners discussing methods to reduce teen dating violence in high-risk populations.  You can register for the webinar here.

Clean Slate Clearinghouse will be hosting a webinar on Feb. 28 titled “Juvenile Record Clearance — 2017 Legislative Reforms”  This webinar will focus on various state reforms to juvenile record clearance laws and will feature multiple state advocates.  To register for this webinar, please visit here.
yoda training

Registration is open for Higher-Level Felony Defense, Part I.  This training will take place April 9-10 and will offer 9.0 CLE credit hours.  Topics will include working with investigators and experts, building rapport with clients, investigation and discovery, the theory of defense, and third-party records.  Space is limited for only 36 participants, so please hurry if you are interested in participating!  Members of public defender offices should get approval from the Chief Public Defender to register and contractors and privately assigned counsel must receive a fellowship from IDS Director Tom Maher.  For more information on registration, the agenda, and hotel information please visit here.

The Center for Juvenile Justice Reform(CJJR) is accepting applications for its Youth in Custody Certificate Program, to be held June 11–15, 2018, at Georgetown University in Washington, DC.  This training is designed for juvenile justice system leaders and partners working to improve outcomes for youth in post-adjudication custody.  The curriculum covers critical areas, including culture change and leadership, addressing racial and ethnic disparities, family engagement, assessment, case planning, facility-based education and treatment services, and reentry planning and support.  Upon approval of a Capstone Project Proposal initiating or building on local reform efforts, participants receive an Executive Certificate from Georgetown University and join the CJJR Fellows Network of more than 850 individuals.  Applications will be accepted until March 2.

New Resource

This week we’ve added a new document from the Department of Adult Corrections and Juvenile Justice to our Raise the Age page, located under the “Information for Defenders” tab. This presentation from Deputy Secretary William Lassiter presents points on the history, the implementation plan, and the vision for what Raise the Age will do for N.C.  This document also offers suggestions to reduce recidivism, youth psychological development research, and other data.

That’s all there is to share this week.  Please be sure to check out our Facebook page and Twitter feed, and don’t be afraid to reach out if you would like to discuss something in the juvenile defense realm either through our podcast or on our blog.  We will be sharing more news you can use and other information here every week so be sure to check back again often!

 

OJD Week in Review: Oct. 16-20

This week we’ve got a few new resources for you, a panel discussion, and a declaration from the governor’s office we had to include.

Quick Reminder

Firstly, we’d like to remind everyone of the approaching deadlines for a couple of job opportunities we’ve previously mentioned.  Applications for the NJDC Gault Fellowship are due Monday, Oct. 30.  Also, applications for North Carolina Judicial Fellowship‘s two associate counsel positions are due by 5 p.m. today, and applications for the six (6) two-year fellowships starting August 2018 will close on Nov. 3.  Hurry and spread the word or apply if you are interested!

The National Juvenile Justice Network has also posted an opening for a 2018 Fall internship.  The full details for this unpaid internship can be found here.

And moving on to this week’s news…

On last Friday, N.C. Governor Roy Cooper declared Oct. 15-21 “Juvenile Justice Week” (among other things).  In his proclamation (which can be read here), Governor Cooper acknowledges the milestones achieved by the Juvenile Justice Section of the Division of Adult Corrections and Juvenile Justice, including the decline of the juvenile crime rate and passing of Raise the Age.

AtlanticOn Tuesday, Juvenile Defender Eric Zogry joined Ricky Watson, Jr., co-director of the Youth Justice Project, and District Court Judge Louis Trosch, Jr., co-chair of Race Matters of Juvenile Justice and judge for the 26th judicial circuit, on a live panel with The Atlantic‘s Assistant Editor (now to promoted Managing Editor as of this post) Adrienne Green to discuss juvenile justice reform and racial disparities.  In the video, the panel touches on school-justice partnerships, acknowledging implicit biases, and expectations for Raise the Age.  You can view the video here.

From the On the Civil Side blog, Professor LaToya Powell offers some insights on capacity.  In the latest post, titled “Incapacity to Proceed and Juveniles“, Powell breaks down the requirements for a juvenile to be determined capable of proceeding.

The Sentencing Project has also released two new fact sheets, “Native Disparities in Youth Incarceration” and “Latino Disparities in Youth Incarceration“, which offer quick statistics on the disparities between juvenile placements of youth of these ethnic groups and their Caucasian peers.  These fact sheets can be paired with the “Black Disparities in Youth Incarceration” fact sheet released back in September.

NJJN image

You should also check out the National Juvenile Justice Network’s latest newsletter when you find the time.  NJJN has several new articles, including one discussing Texas’ plans for juvenile justice reform, ways to participate in Youth Justice Action Month, and recognizing implicit bias, just to name a few.  The toolkit for changing harmful media narratives about youth of color that we mentioned last week can also be found in their newsletter.

That is all for this week, folks.  We hope that it has been a great Juvenile Justice Week for everyone.  If there is anything you would like to share about your experience during Youth Justice Action Month, please let the N.C. Juvenile Defender community know on Facebook or here on our blog!