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.

facebook

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: 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.

School-Justice Partnership Pic

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.

every-day-is-training-day

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

too-awesome-meme-e1495332925779

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.

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!

 

Save the Date: NCCRED Syposium

The North Carolina Commission on Racial and Ethnic Disparities (NC-CRED), the Wake Forest Journal of Law & Policy, and the Wake Forest School of Law Criminal Justice Program, present “The New Law and Order: Working Towards Equitable and Community-Centered Policing in North Carolina” on Friday, Nov. 3, 2017, from 9 a.m. to 4 p.m., in the Worrell Professional Center, Room 1312. The event is free and open to the public.  Approval for up to four hours of Continuing Legal Education (CLE) credit from the North Carolina Bar Association is pending approval.  The event is also scheduled to be a live webcast.

NC-CRED is a diverse group of criminal justice stakeholders—judges, police chiefs, district attorneys, public defenders, scholars and community advocates, who work collaboratively to identify, document and reduce racial disparities in North Carolina’s criminal justice system.  The symposium will bring together law enforcement, practicing attorneys, scholars and community advocates to discuss equitable reforms to address racial disparities in policing in North Carolina.

Wake U

NCCRED Pic

New L&O