OJD Week in Review: Mar. 11 – 15

Happy Friday!  This week there are few additions, but we have two new training/networking events to share, the new weekly tip, and reminders for upcoming deadlines below.

Tip of the Week – Discovery

discovery-memeThe Juvenile Code has similar discovery rules to those followed in adult criminal court.  Though Juvenile Court is in District Court, most jurisdictions understand that discovery transfer is a practice for both misdemeanors and felonies in Juvenile Court.  Even if there’s an “automatic discovery” rule in your jurisdiction, you should always file a motion  to receive discovery.  Note that the state may also file a reciprocal motion, which may impact your decision on presenting expert opinion testimony or reports.

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.

SJDC Regional Summit 2019 Save the Date1

Save the Date!  The Southern Juvenile Defender Center will be hosting its 9th Annual Regional Summit on June 7th & 8th in New Orleans this year.  More details should arrive soon, but please contact Randee Waldman or Richard Pittman with questions.

The Center for Juvenile Justice Reform (CJJR) is accepting applications for its Youth in Custody Certificate Program, to be held July 22 – 26 at Georgetown University in partnership with Council of Juvenile Correctional Administrators.  This training is designed to help juvenile justice system leaders and partners improve improve outcomes for youth in custodial settings, covering critical areas including racial and ethnic disparities, family engagement, assessment, case planning, facility-based education and treatment services, reentry planning and support, and culture change.  Please apply by April 12.

Fellowship Opportunity

The 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.

That is all we’ve got for you this week.  There should be a few more announcements and additional details to add to the info above in the coming weeks.  Continue to check us out on Twitter and Facebook throughout the week for other juvenile justice-related articles and more.

OJD Week in Review: Jan. 29 – Feb. 1

Happy first Friday and welcome to February!  Of course, this week there is a new tip, but we’ve also got another JJAC report, a new resource, and some new training announcements to share.

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Tip of the Week – When Should I Receive the Disposition Report?

You should try to receive the disposition report prior to the dispositional hearing to review with your client.  If possible, try to get a copy of the report at least several days prior to the hearing.  While there is no statutory authority compelling the receipt from the intake counselor, there are local rules which suggest time periods.

JJAC Updates

The Juvenile Jurisdiction Advisory Committee (JJAC) has released its 2017 Annual Report.  This report features accomplishments of JJAC, data on the JCPC services, juvenile court services, juvenile facility populations,  education and clinical services, and more.  You can read the full report here.

Training

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.  To apply for this course and find more details, please visit here.  Applicants will be notified regarding acceptance no later than February 15th.

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The Office of the Juvenile Defender will be hosting a Juvenile Court Basics CLE on Feb. 27 from 1 to 4 p.m. at the Cumberland County Courthouse.  Assistant Juvenile Defender Kim Howes will be discussing the role of counsel, how to communicate with juvenile clients, dispositions, capacity, appeals, and so much more.  Questions and concerns are welcome.  Three general CLE credit hours are currently pending for this training.   Please contact Marcus Thompson by email or call 919-890-1650 if you have questions.

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.

New Resource

The National Juvenile Defender Center (NJDC) is delighted to share the updated 2018-2019 version of their Juvenile Defense Policy and Practice Career Resource Guide, which is intended to help law students prepare for a career in juvenile defense or juvenile justice policy reform.  Many law students, even those who are interested in criminal law, are not aware that juvenile defense, as a specialized practice, is a viable career option, and one that draws on many of the same motivations and skills as criminal defense.  Those students who are aware of juvenile defense have told NJDC they find it difficult to prepare for the job search in this field.  To that end, NDJC created this Career Resource Guide, which they hope will raise the profile of and help students prepare for a career in juvenile defense or juvenile justice policy reform.  The Guide includes information on coursework and externships that will help strengthen a candidate’s application in the juvenile defense field; resources to guide in the search for juvenile defense jobs, fellowships, and funding opportunities; and a list of offices around the country that provide employment and internship opportunities specific to juvenile defense.

From Around the Community

On Feb. 11 at 12:30 p.m., Duke Law School Professor Brandon L. Garrett and the Duke Criminal Law Society will be presenting and releasing their newest study, “Juvenile Life Without Parole in North Carolina”.  Garrett was awarded a grant from the Charles Koch Foundation to study evidence to inform criminal justice policy.  Through his research, Garrett prepared a report and will be sharing his findings with all attorneys working on juvenile cases at this event.  For further information, please direct questions to Callie Thomas.

Job Opportunities

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.

This is it for this week.  There should be more to come next Friday, but in the meantime, check out OJD’s Twitter and Facebook for posts throughout the week.

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: Jan. 29-Feb. 2

This week we’ve been promoting some great new resources and opportunities, and continuing our momentum from the past few days, we just want to rehash a few things and introduce some other good nuggets for you all:

NCCRED Wants YOU

NCCREDThe North Carolina Commission on Racial and Ethnic Disparities (NCCRED) has opened applications for a new executive director.  The organization seeks an executive director  who can provide organizational leadership, racial equity coalition building, and can manage its commission committees and initiatives.  Top candidates will have a passion for racial justice and criminal justice reform, excellent communication skills, the ability to manage a wide variety of organizational priorities, comfort with conflict and engaging in robust dialogue with people of differing views and experience in criminal justice reform.  Applications will be accepted until Feb. 15.  Please find the details about the position and how to apply here.

New Resources

The North Carolina Office of Indigent Defense Services (IDS) is excited to announce a new resource for counsel representing appointed clients.  As you know, the Supreme Court held in Padilla v. Kentucky, 559 U.S. 356 (2010), that the effective assistance of counsel may require counsel to provide advice about the potential immigration consequences of the possible resolutions of the case.  In order to assist counsel in meeting the requirement of Padilla, IDS has contracted with two experienced immigration attorneys who will provide immigration consultations for counsel representing appointed clients.  An Immigration Consequences page has been added to IDS’ website, where you will find an explanation of the process, a link to an on-line form that you can use to request immigration advice, and a printable version of the form that you can use when interviewing your client or otherwise gathering the required information.

The National Criminal Justice Reference Service (NCJRS) has recently launched a Teen Dating Violence feature on its website.  This page offers links to the National Dating Abuse Helpline along with various publications and other resources to help victims and others involved with people who need aid or just want to be educated on the issue.   Their pages also provide further links to information on domestic violence, sexual assault, and “special populations”, including juveniles.

The Office of Juvenile Justice and Delinquency Prevention has also released an updated review on “Interactions Between Youth and Law Enforcement“.  This document compiles research from various organizations, analyzing youth-initiated and police-initiated interactions, the impacts of such interactions on the juvenile justice system, police training programs, diversion programs and more.  The full review can be found here.

Training Opportunities

Registration is still open for the “Advocating for Youth Charged with First Degree Murder” training until Feb. 15.  We want to make sure that everyone, especially those in the juvenile defense community, have a chance to take advantage of this valuable training.  Please be sure to check it out here and we will continue to offer light reminders in the coming weeks.

i-love-training-trainings-my-favoriteThe 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.

 

That will be all for this week.   There is plenty more to come in the next few weeks, so check back here early and often.  Also, if there is anything anyone in the N.C. juvenile defense community would like to submit to us to promote on our website and other channels, be sure to contact us and let us know.  We are always here to support you!

OJD Week In Review: Oct. 23-27

ICYMI

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

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

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

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Useful Tidbits

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

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

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

Last Chances and New Opps

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

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

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

Save the Date: Leandro at 20

Leandro

On Oct. 13, in recognition of the 20th anniversary of the Supreme Court’s decision in Leandro v. State, the UNC Center for Civil Rights and the UNC Education Law & Policy Society, Black Law Students Association, and National Lawyers Guild are sponsoring “Leandro at 20: Two Decades in Pursuit of a Sound Basic Education.” This half-day conference will feature individual presenters, two panels, lunch, and an opportunity for engaged discussion among participants.  The conference features presenters who have played an integral role in education in North Carolina over the last two decades, including June Atkinson, Jack Boger, Ann McColl, Howard Lee, and Bob Orr.  In addition, Professors Erika Wilson (UNC) and Derek Black (USC) will discuss future challenges for education in NC.

Our hope is to engage law students, education advocates, school administrators, and community members in this exciting event.

Registration is free but space is limited!  Sign up here now!