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!

juvdelcriminallaw

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.

i-love-training-trainings-my-favorite

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: Jan. 8-12

This week we are lighter on the usual training notifications, but there are some important updates to be shared.

Training, Job Opportunities, and Events

wvpviwDue to the winter weather and the holidays, the UNC School of Government has announced that the deadline to register for the 2018 Child Support Enforcement:  Representing Respondents seminar has now been extended until Jan. 15.  Registration and other information can be found here.

Registration is also now open for the School of Government’s Regional Training for Indigent Defense: Defending Sexual Offenses.  This event will offer 3.0 CLE credit hours and will have sessions covering cross-examining experts, physical evidence, and motions and legal issues in sexual offense cases.  The training will be held on Thursday, Feb. 8, in Room 103 of the Dennis A. Wicker Civic Center at 1801 Nash St. in Sanford, N.C.  The deadline to register is 5 p.m. on Monday, Jan. 29.  An $85 registration fee will be required which will cover materials, snacks, and CLE credits.  For registration, contact details and other info, please go here.

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) will be supporting National Drug and Alcohol Facts week, sponsored by the National Institute on Drug Abuse and National Institute on Alcohol Abuse and Alcoholism.  From Jan. 22-28, these organizations will be supporting community events nationwide and beyond that bring people together, from adolescents to experts, to discuss alcohol and drug abuse.  The National Institute on Drug Abuse will be providing free booklets about how to deal with drug abuse, in addition to other educational resources.

OJJDP will also be accepting nominations for their 2018 National Missing Children’s Day awards until Jan. 24.  They are seeking nominees for their Missing Children’s Citizen Award and Missing Children’s Child Protection Award.  These awards are meant to recognize private individuals who helped to recover a missing/abducted child and professionals, such as law enforcement officers and child protective service agents, who have worked to protect children from abuse and victimization.  For further details and to submit your nominations, please check here.

Finally, for those interested, there are four juvenile court counselor positions available in Iredell, Union, Cleveland and Forsyth counties that will be closing today.  Interested parties can view and apply to these jobs here.

Progression of Raise the Age

On Thursday, Jan. 11, the N.C. Juvenile Jurisdiction Advisory Committee (JJAC) met for its second meeting since the passage of the Juvenile Justice Reinvestment Act.  During the meeting, several presenters addressed the Committee with research data and considerations for the juvenile justice system prior to and after the changes to the law are implemented.

AOC Director Marion Warren and Brad Fowler, manager of the AOC Research, Policy, and Planning Division, shared AOC’s analysis of the possible workload increase and need for more staff.  Fowler emphasized the need to assess the resources going into the cases we have now to prepare the juvenile justice system for the arrival of more cases.  “The system to handle 16- and 17-year-olds will not drop out of the sky the day the law changes,” he said.  “Having [the pieces] in place before that time is the goal.”

William L Lassiter, deputy secretary of juvenile justice for the Department of Public Safety, went on to discuss considerations for fiscal year (FY) 2018-2019.  Lassiter pointed out the need for subcommittees within JJAC, the success of raising the age in other states, and the need for more staff, improved facilities and community programs to assist youth.  Lassiter said that when Raise the Age was implemented in other states, complaints and recidivism rates dropped significantly, especially for kids younger than 12, because more diversion programs were explored as more kids were brought into the juvenile justice system.  While discussing community programs, he praised the success of North Carolina’s own Teen Court program.  “Teen Court is much more consequential and has a higher level of accountability than regular court.  Kids don’t want their friends to get away with something they didn’t get away with,” he said jokingly, pointing out how juveniles had to admit their guilt for a crime in Teen Court and a jury of their peers would ensure that juveniles would receive a suitable punishment in the form of community service, in addition to a term on the Teen Court jury.  Lassiter stated that participants in the Teen Court program only had a 12 percent recidivism rate and he desired for every district to have their own program.  He gave JJAC a breakdown of potential costs for community programs, new transportation for juveniles, and hiring of additional staff over the next few years, up to FY 2020-2021, which included about 292 new positions.

JJAC

Juvenile Defender Eric Zogry offered a brief presentation on the history and structure of North Carolina’s juvenile indigent defense system and the Office of the Juvenile Defender’s plan in preparation for the implementation of the law.  Zogry emphasized the need for a dedicated juvenile defender system in our state while pointing out that the majority of N.C. counties lacked a designated juvenile defender.  Mary Stansell, Juvenile chief of the Wake County Public Defender’s Office and member of JJAC, backed Zogry’s point, citing examples from her own personal experience of working with lawyers who were not familiar with or just not committed to the specialized practice of juvenile defense.

The last presentation by the Honorable J. Corpening, chief district court judge of District 5, discussed several phases to develop the school-justice partnership program.  Corpening talked about establishing relationships with other judges at leadership training, the progression of the program so far for specific counties, and the need for a comprehensive toolkit, website, and other resources to assist counties in implementing their own school-justice partnership programs.

Finally, the Committee returned to Lassiter’s suggestion to establish subcommittees to assist in the planning and execution of the new initiatives they would have to address in the coming months.  Several members of JJAC and others in attendance were selected to serve on the subcommittees before the chairs called for the meeting to be adjourned.

That is all the news for this week.  To catch up on upcoming training seminars, please be sure to check out our past posts.  We will be providing further updates on training, the progress of the Raise the Age initiative, job opportunities and more each week, so be sure to subscribe to the blog, Facebook page, and Twitter for all the news we have going forward into 2018!