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!

Forms and Motions Update

We have recently 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.

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OJD Week in Review: Dec. 3 – 7

Happy Hanukkah and happy first Friday!  This week will be rather special, not because it is the first Friday of December, but because it is the first Friday that our blog will have a new section where we will bring you a tip of the week!  These tips will be short, sweet nuggets of wisdom and suggestions for juvenile defenders to apply in practice.  Check out the first tip of 2018 below along with the usual training and job opportunity reminders.

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Tip of the Week – Records, Records and More Records

There is a universe of documented information about your client.  First, review and obtain copies of the clerks file, the official record of the court.  Get a copy of the N.C. Juvenile Online Information Network (NC-JOIN) file from the court counselor’s office.  You don’t need a court order for this (7B-3001(c)(1)), but we have a form to help expedite the request.  Obtain a release form(s) from your client and the parent/guardian, and go hunting!  Educational records, mental health records, involvement with the Department of Social Service, placement records.  You may also consider housing or employment documentation if it helps your case.

Training

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From March 25- 29, 2019, at the Georgetown University Hotel and Conference Center the Center for Juvenile Justice Reform (CJJR) will be hosting the Reducing Racial and Ethnic Disparities in Juvenile Justice Certificate Program.  This is an intensive training  hosted in partnership with the Center for Children’s Law and Policy (CCLP) and designed to support local jurisdictions in their efforts to reduce racial and ethnic disparities in their juvenile justice systems.   The training will allow participants to develop and implement a Capstone Project designed to reduce the disparate treatment in their communities.  CJJR will only accept a limited number of applicants, so please visit the website to view the curriculum and learn how to apply to the training.  Applications will be accepted until Friday, Dec. 14.  For more information, please visit the training website.

Job Opportunities

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, 2019.  To access the RFP, please check here.

The Committee for Public Counsel Services (CPCS), the Massachusetts public defender agency, is currently seeking a director for its newly created Strategic Litigation Unit.  The Strategic Litigation Unit will be responsible for litigation aimed at achieving systemic and institutional reform in all of CPCS’s criminal and civil practice areas.  The Strategic Litigation Director will lead those efforts and will work with other attorneys, advocacy organizations, and clients to promote justice for and protect the rights of individuals who are parties in criminal and civil right-to-counsel proceedings.  The director’s responsibilities will include criminal and civil litigation and administrative advocacy.  Litigation will include both trial and appellate advocacy in state and federal court.  Depending upon the matter at issue, the director may serve as lead counsel, co-counsel, consultant, amicus curiae, or provide technical support.  The position will be posted until filled.  To find further information and to apply, please visit here.

Bay Area Legal Aid is currently seeking a Youth Justice Staff Attorney who will provide civil legal services designed to meet the individualized needs of delinquency-involved youth, with a particular focus on SSI cases for children with disabilities.  This position is based out of Alameda County, CA, but the position may include travel throughout the Bay Area.  The Youth Justice Attorney’s responsibilities include client interviews, negotiations with governmental agencies/opposing parties, research and writing, and representation at administrative and court proceedings.  The attorney is also expected to engage in outreach with probation, social services, law enforcement, youth service providers, and other community organizations.  Beyond SSI cases, the position may also include a smaller, mixed caseload in areas such as special education, health access, public benefits (e.g. foster care benefits, CalWORKs, and General Assistance), legal permanency, housing, and other work.  Clients served by this project experience high rates of sexual exploitation, abuse and neglect, and mental health-related issues which the attorney will be expected to navigated in providing legal assistance.  Review of applications will begin immediately and continue on a rolling basis, but applicants are encouraged to apply as soon as possible.  For a full description of the job responsibilities and the application process, please check here.

That wraps up this week.  Please check us out on Twitter and join us on the OJD Facebook page for other news and updates throughout the week.  Check back in next Friday for more tips and (possibly) more news before the year’s end!

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New Resource: Miller Handout

Happy Wednesday!  We just wanted to notify juvenile defenders that there is a handout that has been recently added to our website.  The Miller Strategy Handout can now be found alongside the Miller Statute Motion found under the “Trial Motions and Forms Index” section of our website’s “Materials for Defenders” tab.  While it is not new, it is still the most recent, and we hope that this handout will provide additional info to benefit defenders representing juvenile clients in first-degree murder cases and any case transferred to superior court.

OJD Week In Review: Nov. 6-10

This week we’ve got a few new resources and updates for you, just in case you haven’t already got them in your own inbox.

In the Week Behind Us

Last week the Robert F. Kennedy National Resource Center for Juvenile Justice released a report titled “Developmental Reform in Juvenile Justice: Translating the Science of Adolescent Development to Sustainable Best Practice“.  This report is designed to assist local- and state-level organizations with incorporating “adolescent development research into their efforts to maximize improved and sustainable youth outcomes and system performance.”

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Also last week, NCCRED in collaboration with the Wake Forest University School of Law and Justice Program, the Wake Forest Journal of Law and Policy and the Wake Forest University Rethinking Community series held its Community Policing Symposium on Nov. 3.  The event featured a virtual lecture, a video presentation, and several discussions on how to improve relationships between law enforcement and the communities they serve.  The summary for the event can be read here.

 

Lots of NJJN News

First in National Juvenile Justice Network (NJJN) news, we wanted to notify everyone that NJJN has  released a call to action to combat racism.  In their statement, NJJN acknowledges efforts in America’s history for civil rights and addresses the shortcomings of the juvenile justice system, particularly for youth of color, but also pointing out the marginalization of LGBTQI youth, children with disabilities and others.  NJJN also asks juvenile justice advocates to evaluate how we have approached racial injustice, to identify leadership, and  ask how we are held accountable.  Please take a moment to read the full article, which can be found here.

Secondly, NJJN has launched a campaign offering recommendations to improve relationships between police and youth of color.  They have a page on their website with a downloadable PDF with data and suggestions for distribution, and a press release template to help groups and individual advocates spread the word and get others involved.

Finally, NJJN has also announced that the Youth Justice Project will be hosting the #NJJNForum2018 in Durham.  This forum will celebrate the passage of Raise the Age in North Carolina and address much-needed reforms, such as eliminating collateral consequences, remedying racial and gender disparities, better access to defense for youth, and stemming the tide of referrals from schools to courts.  Currently, the organizations are seeking volunteers to join the Forum Planning Committee.  Please email Alyson Clements for more details.

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More Useful Info

Earlier this week, the North Carolina Bar Association published an article by Juvenile Defender Eric Zogry about the National Juvenile Defender Leadership Summit.  In his writing, Zogry gives a brief account of his experience during the 21st annual conference.  You can read his article here and check out the NJDC page for more info on the Summit.

The Pew Charitable Trusts has created a chart, offering a visual display of data released from the Office of Juvenile Justice and Delinquency Prevention.  The data shows the declining rates of adjudicated youth  from 2006-2015, by state.  You can see the chart here.

From the On the Civil Side blog, Professor LaToya Powell’s has a new entry, “The Juvenile Court Counselor’s Role As Gatekeeper.”  You can read Professor Powell’s latest post here.

…and a Final Reminder

We also want to offer one final reminder that the Center for Death Penalty Litigation will be closing applications for its new staff attorney position on Monday, November 13.  You can view the full details about this position and how to apply here.

That is all for now.  We hope everyone has a safe and relaxing Veteran’s Day and there is more to come soon, so be sure to check back with us!

Forms and Motions Update: Juvenile Intake Form

We want to notify all juvenile defenders that we have added an intake form to our “Trial Motions and Forms Index”.  In addition to having all your client’s information in one place, this document includes information regarding potential immigration relief you may use to potentially help a client who is undocumented.  You can find this index page with a complete list of useful resources on the “Materials for Defenders” page located under the “Information for Defenders” tab on our site.  Please check back frequently for other updates to this list and more.

Forms and Motions Update: Motion for Appropriate Relief

We wanted to notify all juvenile defenders that we have now added a motion for appropriate relief document to our “Trial Motions and Forms Index”.  This document is meant for cases where a juvenile was incorrectly charged in adult court (i.e. gave the police officers a wrong age) and to remove the juvenile’s info from ACIS.  You can find this index page with a complete list of useful resources on the “Materials for Defenders” page located under the “Information for Defenders” tab on our site.  Check back frequently for other updates to this list and more.