OJD Week in Review: June 24 – 28

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

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Tip of the Week – Probable Cause Hearings

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

Forms and Motions Update

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

Job and Fellowship Opportunities

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

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

Training

Registration is now open for the 2019 Parent Attorney and Juvenile Defender conferences.  The Parent Attorney Conference will be held Thursday, Aug. 8 and the Juvenile Defender Conference will be held Friday, Aug. 9, and both would begin at 8:30 a.m. each day.  Both conferences, cosponsored by the School of Government and the Office of Indigent Defense Services, will be held at the School of Government on the UNC-Chapel Hill campus, and offer approximately six hours of CLE credit.  The Parent Attorney Conference provides training for attorneys, who represent parents in abuse, neglect, dependency, and termination of parental rights proceedings.  The Juvenile Defender Conference provides training for attorneys who represent children in delinquency proceedings.  Please feel free to download the Juvenile Defender Conference agenda here and the Parent Attorney Conference agenda here.  If you have any questions, please contact Program Manager Kate Jennings, or if you have questions about the course content, please contact Program Attorney Austine Long.

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That ends this Week in Review.  Please make sure to subscribe to the OJD blog and follow our OJD Twitter and Facebook pages as well to get updates, relevant articles, and other juvenile defense-related content throughout the week!

OJD Week in Review: May 21 – 25

Hello again.  This week we’ve got an update on the NCDPS website and a new program we thought would be worth promoting regarding school-justice partnerships.  Also, please note that some opportunities are closing soon.

New Resource

The North Carolina Department of Public Safety has added a Raise the Age page link to their homepage.  The RTA page was previously available, but with the new link it is much easier to locate.  This page contains links to multiple resources related to RTA including the Juvenile Justice Reinvestment Act, past presentations/reports on the need to raise the age, and documents explaining school-justice partnerships.

Job Opportunities

Applications for the Assistant Defender position with the Michigan State Appellate Defender Office’s (SADO) Juvenile Lifer Unit close today.  The Unit is composed of seven attorneys and four mitigation specialists representing over a hundred clients where prosecutors are again seeking life without parole sentences.  The ideal candidate will have experience in death penalty phase or juvenile lifer resentencing hearings, experience in both trial and appellate courts, and experience negotiating with prosecutors, preparing mitigation for clients, and working with expert witnesses.  The project is funded through October 2019 for now, but funding will likely continue as the work will not be complete by then.  To view the full job description and see how to apply please review the complete job posting here.

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.

From Around the Community

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.

Registration is now open for the 81st Annual National Council of Juvenile and Family Court Judges Conference.  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.  The early bird deadline to register ends on June 1.

81st Annual Conference

The Center for Juvenile Justice Reform has released a request for applications for the 2018 School-Justice Partnerships and Diversion Pathways Certificate Program to 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.  The deadline for applications will be June 15.

 

Training

Registration is still open for the 2018 Southern Juvenile Defender Center Regional Summit.  The event will take place on June 8 and 9 at the University of South Carolina School of Law.  For further details and to register for the event, please check the Eventbrite page here.

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.

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 June 21 – 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.

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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 mid-June with a formal announcement and full details.

Thank you for checking out this week’s wrap-up.  We hope you have a safe and enjoyable Memorial Day weekend!

OJD Week in Review: Apr. 23 – 27

Hello, N.C. and beyond!  This week we primarily have reminders for you for previously mentioned news with an update on Defender Trial School and school-Justice partnership news included.

From Around the Community

On Wednesday, Apr. 25, a day-long conversation about the intersection of school safety, juvenile justice, law enforcement, and the criminal justice system took place in Cary.  This workshop was sponsored by the North Carolina Administrative Office of the Courts  (NCAOC) and the Juvenile Justice Section of the Department of Public Safety.   During this workshop, juvenile justice, education and law enforcement officials, along with judges, district attorneys, public defenders and juvenile program providers, learned about school-justice partnerships (SJP) and  had the opportunity to see the reveal of NCAOC’s “School-Justice Partnership Implementation Toolkit.”  This resource contains guidance to assist judicial districts in developing individualized SJP agreements, which are an important component of the “Raise the Age” legislation, or the Juvenile Justice Reinvestment Act of 2017.  During the afternoon session, the spotlight was on school safety and included mental health intervention strategies and a panel on the role of school resource officers in North Carolina schools.   The SJP is a group of community stakeholders who work together to establish specific guidelines for school discipline in a way that minimizes suspensions, expulsions, and school-based referrals to court for minor misconduct.  The main goal of the SJP is to keep kids in school and out of court for routine misconduct at school.  SJPs are being developed throughout North Carolina as a result of the state’s recently enacted Raise the Age law.

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You’re invited to join the National Juvenile Defender Center (NJDC) as we celebrate the transformational power of stories; a power that honors the dignity and humanity of every child.  On May 15, 2018 (OJD Note: the 51st anniversary of the Gault decision), we’ll gather at the historic National Museum of Women in the Arts for The Story of Justice.  It is our great pleasure to announce that NJDC is recognizing both Carrie Johnson, justice correspondent at NPR, and DLA Piper LLP (US), with the inaugural Norman Dorsen Award, dedicated to the late professor and civil rights attorney who forever changed the landscape of children’s rights in the United States.  This award celebrates those like Mr. Dorsen who work outside of the children’s defense community and yet contribute so much to the fulfillment of equal protections for young people.  If you’re interested in supporting The Story of Justice as a sponsor, learn more here.

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.

Registration is now open for the 81st Annual National Council of Juvenile and Family Court Judges Conference.  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.

The Center for Juvenile Justice Reform and the Council of State Governments Justice Center will host the 2018 Janet Reno Forum on May 21 at  Georgetown University in Washington, D.C.  The forum will highlight strategies for restructuring juvenile justice systems to more effectively enhance public safety and improve outcomes for youth.  The event will include the presentation of the second annual Janet Reno Endowment Women’s Leadership Award, and attendees will receive a publication featuring the highlighted strategies.  Policymakers, practitioners, researchers, advocates, and other stakeholders are invited to attend.  Please register here.

Training

New details have been provided for the 2018 Defender Trial School.  This event, 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.

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Registration is now open for the 2018 Southern Juvenile Defender Center Regional Summit.  The event will take place from June 8 – 9 at the University of South Carolina School of Law.  Partial scholarship assistance will be offered to assist with lodging expenses until May 7 and the hotel room block will remain open until May 11.   For further details and to register for the event, please check the Eventbrite page here.

Registration is now open for 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 June 21 – 24.  For those who register before May 1, a President’s Luncheon ticket and 6.0 CLE credit hours will be included with the registration price.  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.

On May 10, the N.C. Bar Association will be hosting “Raise the Age: A New Era for Juvenile Justice in North Carolina” at the N.C. Bar Center in Cary, from 8:25 a.m. to 3 p.m.  This seminar promises to expand attendees’ understanding of the Juvenile Justice Reinvestment Act and its practical and ethical implications.  Attendees will receive 5.5 CLE credits total, with 1.0 CLE credit in Ethics/Professional Responsibility and 4.5 General CLE credits.  For further details about this event, please check the website here.

Job Opportunities

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The Georgetown Juvenile Justice Clinic and Initiative (GJJI) is currently accepting applications for a Race and Justice Fellow, who will work with GJJI staff to improve the systems youth encounter through policy reform, and to develop resources to raise the level of practice among juvenile defenders across the county.  Applications will be accepted until May 14.  Please find the complete job description and application info here.

The National Juvenile Defender Center (NJDC) will close applications for its staff attorney position on Monday, Apr. 30.  The ideal candidate will have 2-4 years of experience, love writing, research, and critical thinking, and have a passion for advancing improvements in juvenile defense policy and practice.  To read more about this position and how to apply, please check out the post here.

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.

This wraps up the week.  Please be sure to check out all of the upcoming training events and save the dates to get your CLE requirements knocked out faster!   We will bring more updates in time and we wish you all a safe and happy 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.

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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.
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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!

 

Governor Cooper Acknowledges Raise the Age at the Capitol

Today in the Old House Chamber of the Capitol, Governor Roy Cooper acknowledged the passing of the Raise the Age Bill and signed the Expungement Process Modifications Bill.  In a short but sweet ceremony, the governor thanked several representatives and others who worked to champion both bills and briefly spoke about extending second chances to adults and the importance of improving the juvenile justice system as well.

“North Carolina may be the last [state to raise the age], but we will not be the least,” Gov. Cooper said to the applause of the audience prior to signing the bills.

Please find a full video of the occasion on the N.C. Department of Public Safety’s Facebook page here.