From a Non-Lawyer Perspective: 2017 Juvenile Defender Conference Review by Marcus Thompson

On Friday, Aug. 11, juvenile defenders from across N.C. united at the U.N.C. School of Government for the 2017 Juvenile Defender Conference — and I had the honor of being among the 50+ attendees!  Only approaching my first full year as a part of the Juvenile Defender family, I was pretty excited to be able to attend this annual conference and observe juvenile defenders from various districts interact and share ideas and experiences from their time in juvenile court.  In my short time with the Office of the Juvenile Defender, I have  had the opportunity to learn about case law, the “lawyer lingo”, and other things, but this training was a great experience to not only refresh my memory of materials I’ve encountered before, but to also gain further insight into the juvenile justice system.

Program Attorney Austine Long started the event, welcoming everyone and encouraging defenders to offer suggestions for future training courses before introducing Martin Moore, assistant public defender of Buncombe County.

Moore discussed detention hearings, going over the types and culture of detention, secure custody and strategies for preparing for hearings.  Moore acknowledged that some areas of the state do not always follow their own guidelines for detention hearings.  “No one is in a better position to help the juvenile than themselves,” Moore said, emphasizing to attendees the importance of listening to the client and knowing as much as possible about their history, mental health state, and relationships when preparing for hearings.  When he posed a question to the audience about juveniles being placed in adult facilities for pre-adjudication secure custody (which violates G.S. 7B-1905), some defenders stated that this is often a result of juveniles having lied about their age, which initially surprised me.  I would have assumed in some cases it may have been the error of the police.  One participant also stated that juvenile defenders should ensure that juveniles’ info is redacted if they are placed in an adult facility for any reason.  On the topic of shackling during secure custody hearings, Moore also stated that it was “generally something we should argue against” and others concurred, pointing out the most effective argument with judges was that shackling a child would require more paperwork.  Towards the end of his presentation, Moore gave attendees a couple of hypothetical scenarios and allowed them to role play to demonstrate how they argue on behalf of a client in a detention hearing.

Following Moore, Mary Stansell, assistant public defender of Wake County, and Assistant Juvenile Defender Kim Howes presented on motions to suppress.  The pair addressed In re Gault, what qualifies as custodial interrogation, children’s understanding of their rights, and violations of 4th amendment rights.  Stansell and Howes stressed that a statement can’t be used against a child in custody unless a parent is there, but children believe that the “right to remain silent” means “until a cop asks a question”, most likely due to being naturally submissive to adults and intimidated by authority figures.  The cases of Saldierna and J.D.B. were also addressed while discussing juveniles’ voluntary waiver of rights.  Identification of juveniles in court and search and seizure were also brought up before attendees were broken out into groups to work on a case study.

After lunch was provided, Terri Johnson, an attorney from Statesville, took the lead to discuss capacity, covering statutes, cases, and how to handle evaluations and issues.  Johnson emphasized looking for indicators of capacity such as age, nature and location of the offense, language barriers and a history of social, mental, or physical health issues.  She also talked about finding experts to evaluate a client’s capacity to proceed in court and common arguments made by assistant district attorneys and juvenile court counselors.  One common argument was that juveniles were manipulative and would lie simply to avoid getting into trouble.  Johnson also said that sometimes judges will commit juveniles due to lack of options or because they believe that just putting juveniles on probation will get them the mental health treatment that they need.  Having no interactions with the legal system in my teenage years beyond a couple of traffic violations, it was kind of disheartening to hear that this was the way people, especially kids with various problems, were perceived and treated in the courts.

Once Johnson finished her segment, LaToya Powell, assistant professor of public law and government for the U.N.C. School of Government, arrived to discuss updates to juvenile law in the past year.   I was very familiar with all of the cases that Powell discussed, having read her opinions and writing case summaries for our office, but the review of these cases was welcomed.  Powell succinctly summarized many of the most impactful cases, including Saldierna, T.K.D.E.P.  and the recent Raise the Age legislation.  While addressing Saldierna, Powell stated that a juvenile cannot waive the right to have a parent or attorney present during questioning due to special protections provided under General Statute 7B-2101.  After reviewing the whole series of decisions from SaldiernaPowell also noted that as of Aug. 3rd, the State had filed a motion for temporary stay on the case.  Once she summarized some of the other recent appellate court decisions, Powell went on to discuss the Juvenile Justice Reinvestment Act, pointing out the benefits to everyone involved in the juvenile justice system, but also addressing some potential issues with the new laws, such as conflicting terms in the new gang suppression section with current criminal gang suppression rules.

Finally, James Drennan, adjunct and former Albert Coates professor for the U.N.C. School of Government, took the podium to lead the ethics portion of the training.  This part of the training was more like the psychology/philosophy class I wish I had during my college years and was applicable not only to juvenile defense, but all professions.  Drennan discussed implicit biases, which he said exists “in all of us.  No one is immune to it.”

“There is an elemental, primal need to feel like you are being treated fairly,” Drennan said after showing a video of two monkeys being rewarded, one with grapes and the other with cucumbers (resulting in its frustration) for performing the same task.  He shared statistics and reports that showed fairness is what is most desired in our court system by people, but more people from various backgrounds perceive the justice system as unfair to minorities.

Drennan also engaged attendees in several exercises to test their perception, demonstrating our fast-thinking and slow-thinking processes and how our intuitive feelings and programming from a young age affects our judgment.   Drennan spoke about how his own southern upbringing taught him to accept racial disparities as a norm and certain behaviors were maligned by the society he grew up in, and despite his life experiences, these ideas instilled in him from his youth still linger, unable to be unlearned.  He also said that controlling our fast-thinking processes when interacting with new groups or individuals and observing the patterns in our decision-making processes are important to help us to avoid our own prejudices.

Every presentation was engaging and surprisingly easy to follow, even for someone like myself, without a background in law.  While I’ve only observed a few juvenile court cases, it was good to know how other defenders prepare to present their juveniles’ cases and what must be considered prior to going in front of the judge.  It also provided clarity for me about the challenges from all sides that juvenile defenders must deal with inside and outside the courtroom.  It was also great being able to put more faces to the names I’ve seen in the past few months.  After this first year, I look forward to the 2018 Juvenile Defender Conference, and I hope to hear from and see more of the front line defenders.

If you missed the conference or would just like to review the presentations, you can find a copy of the course materials with additional references here.

Juvenile Defender Conference 2017: A Testimonial from Martin Moore

As summer reaches full swing, I hope each of the juvenile advocates reading this blog are enjoying the same (temporary) reprieve that we are here in Asheville. During this hiatus, I would encourage any interested juvenile justice advocates to consider joining us at the Juvenile Defender Conference hosted at the UNC School of Government. For those who have not yet attended, the Juvenile Defender’s Conference is an annual event hosted by the School of Government.

This year, Program Attorney Austine Long has put together a compelling set of topics including seminars on motions to suppress, capacity to proceed, implicit bias, detention hearings, and a case law update. Altogether, six hours of CLE credit will be offered for attending the Conference, including one hour of ethics/professional responsibility credit. This year’s guest faculty/presenters will include Mary Stansell, Kim Howes, Terri Johnson, James Drennan, LaToya Powell, and Martin Moore.

In addition to the substantive education that caters to both new and experienced juvenile attorneys, it is one of the best opportunities to network with great minds across the state. In addition to long-lasting professional contacts and friendships, it is one of the rare opportunities to mix and mingle with juvenile court practitioners and share the in-and outs of practice in our respective jurisdictions.

The registration deadline for the Conference is 5:00 p.m. this Thursday, July 27. I hope to see you there!

Martin Moore

Martin Moore is an Assistant Public Defender in Asheville, North Carolina.  He graduated with a Bachelor of Arts in Political Science and Philosophy from the University of North Carolina at Chapel Hill; Moore went on to obtain his Juris Doctor from the University of North Carolina School of Law.  In his free time, he enjoys music and volunteers with a local non-profit helping underprivileged youth gain access to education.  You can connect with him via LinkedIn at https://www.linkedin.com/in/martin-moore-8792814bor contact him by email or his website at Martin@MartinEkimMoore.com or www.martinekimmoore.com.