OJD Week in Review: June 3 – 7

Happy Friday once again!  This week there are the normal reminders along with a new tip and one other announcement….

Monique WilliamsIntroducing…

We are proud to officially introduce the newest member of the OJD team, Project Attorney Monique Williams.  Coming from the Pitt County Public Defender Office, Monique joined the OJD team earlier this year to help facilitate OJD’s State Enhancement Program.  As project attorney, she has collaborated with the National Juvenile Defender Center to coordinate our recent Juvenile Training Immersion Program training, completed extensive investigations of juvenile courts in multiple counties, collected data, and devised new training to prepare N.C. juvenile defenders for the full implementation of Raise the Age.  Please welcome Monique and check out her bio on our website here.

 

Tip of the Week – Intake and Non-divertible

Did you know that if your client is accused of a non-divertible offense, then the juvenile court counselor is not supposed to conduct an intake interview? N.C.G.S. §7B-1701 states that once it has been determined that the complaint meets legal sufficiency and there are reasonable grounds to believe the juvenile has committed the offense, “[T]he juvenile court counselor, without further inquiry, shall authorize the complaint to be filed as a petition.” Non-divertible offenses include:

  • murder,
  • 1st or 2nd degree rape,
  • 1st or 2nd degree sex offense,
  • Arson,
  • Chapter 90 offenses that would be a felony if committed by an adult,
  • 1st degree burglary,
  • Crime against Nature; or
  • Any felony involving willful infliction of serious bodily injury or was committed by use of a deadly weapon.

This means that the court counselor should not be meeting with your client, recommending any evaluations (especially sex offender specific evaluations) prior to the approval and filing of the petitions.

Job and Fellowship Opportunities

The National Juvenile Justice Network (NJJN) is currently seeking an executive director.  The executive director will be responsible for fundraising, strategic planning, communicating with board members and supervising staff, and ensuring that the organization adheres to its intersectional and anti-racist practices and principles in its internal operations.  The deadline to apply for this position will be June 21.  To see the full job description, please go here.  To apply or if you have questions, please contact NJJN here.

Training

The required pre-registration deadline for the 2019 Summer Criminal Law Update Webinar will be 5 p.m. Wednesday, June 5.  This webinar, which will take place on June 7 from 1:30 to 3 p.m., will cover recent criminal law decisions issued by the North Carolina appellate courts and U.S. Supreme Court and will highlight significant criminal law legislation enacted by the North Carolina General Assembly.  School of Government criminal law experts John Rubin and Phil Dixon will discuss a wide range of issues affecting felony and misdemeanor cases in the North Carolina state courts.  The webinar, broadcast live from the School of Government, includes a dynamic visual presentation, live audio, and interactive Q&A.  This webinar is open to public defenders, private attorneys who handle or are interested in pursuing indigent criminal defense work, and other court personnel who handle criminal cases.  The webinar will offer 1.5 hours of CLE credit and qualifies for N.C. State Bar criminal law specialization credit.  The registration fee for private assigned counsel, contract attorneys, and other non-IDS employees is $75.00.  There is no registration fee for IDS state employees, thanks to support from the Office of Indigent Defense Services.  If you have questions related to webinar content, please contact John Rubin at 919.962.2498 or rubin@sog.unc.edu.  If you have questions about logistics, please Jessica O’Sullivan at 919.962.9754 or josullivan@sog.unc.edu.

Please save the dates 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.  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.  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.

The online registration deadline for the 2019 Defender Trial School, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, will be June 25.  The event will be held Monday, July 8, through Friday, July 12, at the School of Government on the UNC-Chapel Hill campus.  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 roughly 29 hours of general CLE credit.  The Defender Trial School is open to public defenders and a limited number of private attorneys who perform a significant amount of appointed work.  IDS has expanded the number of fellowships available to cover the registration fee, but please note there is a limited number of fellowships.  If you have any questions or would like additional information, please email Kate Jennings or Professor John Rubin or call 919-962-3287/919-962-2498.  To register, find a fellowship application, see the agenda, or find any other information, please check out the course page here.

The Center for Juvenile Justice Reform (CJJR)‘s Youth in Custody Certificate Program will 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 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.

i-love-training-trainings-my-favorite

That closes this week.  Please make sure to subscribe to the blog if you haven’t already and head over to Twitter and Facebook, like and follow us!  Also, N.C. juvenile defenders, please contact us to have your contact info added to/removed from our listserv.  And for people already practicing law, please visit the N.C. State Bar Legal Specialization page if you are interested in specializing in juvenile defense and get your application in before July 2!  We would love for you to join our N.C. juvenile defender family.  Enjoy weekend.

OJD Week in Review: May 27 – 31

Happy Friday, Juvenile Defender Community!  This week we’ve got a new job post along with previously posted jobs that are closing this weekend, a new tip, and reminders for upcoming training.  And for people already practicing law, please visit the N.C. State Bar Legal Specialization page if you are interested in specializing in juvenile defense and get your application in before July 2!  We would love for you to join our N.C. juvenile defender family!

Tip of the Week – Building Trust

Investing time is the single most important strategy for building trust and rapport with your client.  You need to listen and ask questions without judgment, and explain why you need to ask certain questions.  Allow your client the opportunity, and encourage him/her to ask questions as well.  Be sure to explain to your client how your role is different from other adults s/he has interacted with (i.e. attorney/client privilege).  And most importantly – never make a promise you can’t keep.  If you say you’re going to do something – do it!

Job and Fellowship Opportunities

Tomorrow will be the last day to apply for the North Carolina Commission on Racial and Ethnic Disparities in the Criminal Justice System (NCCRED) executive director position!  The Executive Director will provide leadership and manage all aspects of the organization, including coordinating and filing reports, developing relationships with potential partners, promoting and developing research on racial disparities, and supervising interns and contract staff.  The ideal candidate will have a passion for racial justice, experience in criminal justice reform and all aspects of nonprofit organizational management, excellent communication skills and comfort with managing conflict.  Please find the full job description here.  To apply please submit resume, cover letter, and salary requirements to James E. Williams, Jr.  Please include email subject line “NCCRED Director Position.”

The deadline to apply for the staff attorney position at the Office of the Appellate Division Staff of the North Carolina Court of Appeals is Sunday, June 2.  The duties of the staff attorney will include reviewing appeals, preparing memorandums for the Court, summarizing and recommending disposition of petitions for prerogative writs and more.  The ideal candidate will have experience conducting legal research and analysis and drafting appellate opinions and knowledge of N.C. General Statutes, N.C. Supreme Court and Court of Appeals case law and some federal statutes and case law.  To apply and find the full job description, please go here.

The National Juvenile Justice Network (NJJN) is currently seeking an executive director.  The executive director will be responsible for fundraising, strategic planning, communicating with board members and supervising staff, and ensuring that the organization adheres to its intersectional and anti-racist practices and principles in its internal operations.  The deadline to apply for this position will be June 21.  To see the full job description, please go here.  To apply or if you have questions, please contact NJJN here.

IGotTheJob

Training

The required pre-registration deadline for the 2019 Summer Criminal Law Update Webinar will be 5 p.m. Wednesday, June 5.  This webinar, which will take place on June 7 from 1:30 to 3 p.m., will cover recent criminal law decisions issued by the North Carolina appellate courts and U.S. Supreme Court and will highlight significant criminal law legislation enacted by the North Carolina General Assembly.  School of Government criminal law experts John Rubin and Phil Dixon will discuss a wide range of issues affecting felony and misdemeanor cases in the North Carolina state courts.  The webinar, broadcast live from the School of Government, includes a dynamic visual presentation, live audio, and interactive Q&A.  This webinar is open to public defenders, private attorneys who handle or are interested in pursuing indigent criminal defense work, and other court personnel who handle criminal cases.  The webinar will offer 1.5 hours of CLE credit and qualifies for N.C. State Bar criminal law specialization credit.  The registration fee for private assigned counsel, contract attorneys, and other non-IDS employees is $75.00.  There is no registration fee for IDS state employees, thanks to support from the Office of Indigent Defense Services.  If you have questions related to webinar content, please contact John Rubin at 919.962.2498 or rubin@sog.unc.edu.  If you have questions about logistics, please Jessica O’Sullivan at 919.962.9754 or josullivan@sog.unc.edu.

Please save the dates 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.  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.  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.

The online registration deadline for the 2019 Defender Trial School, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, will be June 25.  The event will be held Monday, July 8, through Friday, July 12, at the School of Government on the UNC-Chapel Hill campus.  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 roughly 29 hours of general CLE credit.  The Defender Trial School is open to public defenders and a limited number of private attorneys who perform a significant amount of appointed work.  IDS has expanded the number of fellowships available to cover the registration fee, but please note there is a limited number of fellowships.  If you have any questions or would like additional information, please email Kate Jennings or Professor John Rubin or call 919-962-3287/919-962-2498.  To register, find a fellowship application, see the agenda, or find any other information, please check out the course page here.

The Center for Juvenile Justice Reform (CJJR)‘s Youth in Custody Certificate Program will 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 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.

porkypig

That’s all for this last week of May, folks!  Please make sure to subscribe to the blog if you haven’t already and head over to Twitter and Facebook, like and follow us!  Also, N.C. juvenile defenders, please contact us to have your contact info added to/removed from our listserv.  Have a great weekend.

OJD Week in Review: May 20 – 24

Happy Friday!  This week we have a new job opportunity to share, the usual reminders, and the new tip of the week.

And we included this last week, but just in case you missed it, please note that the application period for specialization in juvenile defense started on the 1st of this month and continues until July 2!  If you know someone or if you yourself are interested in specializing in the juvenile defense arena, please visit the N.C. State Bar Legal Specialization page.

juvdelcriminallaw

Tip of the Week – Court of Record

District court is generally not a court of record, however juvenile delinquency court is a court of record.  That means that you are creating a record for use on appeal if that becomes necessary at the conclusion of your case.  In addition to making sure you preserve the record for appeal (more on that later), you may want to consider requesting an audio recording of a proceeding for other reasons.  For example, if you have a probable cause hearing, you may want to request the audio recording (and possibly have it transcribed) for use in the subsequent adjudicatory hearing.  The AOC form to request the audio recording of your hearing is AOC-G-115.

Job and Fellowship Opportunities

The Office of the Appellate Division Staff of the North Carolina Court of Appeals is seeking a staff attorney.  The duties of the staff attorney will include reviewing appeals, preparing memorandums for the Court, summarizing and recommending disposition of petitions for prerogative writs and more.  The ideal candidate will have experience conducting legal research and analysis and drafting appellate opinions and knowledge of N.C. General Statutes, N.C. Supreme Court and Court of Appeals case law and some federal statutes and case law.  The deadline to apply for this position will be June 2.  To apply and find the full job description, please go here.

The North Carolina Commission on Racial and Ethnic Disparities in the Criminal Justice System (NCCRED) has an opening for a new Executive Director.  The Executive Director will provide leadership and manage all aspects of the organization, including coordinating and filing reports, developing relationships with potential partners, promoting and developing research on racial disparities, and supervising interns and contract staff.  The ideal candidate will have a passion for racial justice, experience in criminal justice reform and all aspects of nonprofit organizational management, excellent communication skills and comfort with managing conflict.  Please find the full job description here.  To apply please submit resume, cover letter, and salary requirements to James E. Williams, Jr., by SaturdayJune 1.  Please include email subject line “NCCRED Director Position.”

Training

Registration is now open for the 2019 Summer Criminal Law Update Webinar which will take place June 7 from 1:30 to 3 p.m.  This webinar will cover recent criminal law decisions issued by the North Carolina appellate courts and U.S. Supreme Court and will highlight significant criminal law legislation enacted by the North Carolina General Assembly.  School of Government criminal law experts John Rubin and Phil Dixon will discuss a wide range of issues affecting felony and misdemeanor cases in the North Carolina state courts.  The webinar, broadcast live from the School of Government, includes a dynamic visual presentation, live audio, and interactive Q&A.  This webinar is open to public defenders, private attorneys who handle or are interested in pursuing indigent criminal defense work, and other court personnel who handle criminal cases.  Please note that pre-registration is required and the deadline to register will be 5 p.m., June 5.  The webinar will offer 1.5 hours of CLE credit and qualifies for N.C. State Bar criminal law specialization credit.  The registration fee for private assigned counsel, contract attorneys, and other non-IDS employees is $75.00.  There is no registration fee for IDS state employees, thanks to support from the Office of Indigent Defense Services.  If you have questions related to webinar content, please contact John Rubin at 919.962.2498 or rubin@sog.unc.edu.  If you have questions about logistics, please Jessica O’Sullivan at 919.962.9754 or josullivan@sog.unc.edu.

Please save the dates 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.  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.  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

The online registration deadline for the 2019 Defender Trial School, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, will be June 25.  The event will be held Monday, July 8, through Friday, July 12, at the School of Government on the UNC-Chapel Hill campus.  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 roughly 29 hours of general CLE credit.  The Defender Trial School is open to public defenders and a limited number of private attorneys who perform a significant amount of appointed work.  IDS has expanded the number of fellowships available to cover the registration fee, but please note there is a limited number of fellowships.  If you have any questions or would like additional information, please email Kate Jennings or Professor John Rubin or call 919-962-3287/919-962-2498.  To register, find a fellowship application, see the agenda, or find any other information, please check out the course page here.

The Center for Juvenile Justice Reform (CJJR)‘s Youth in Custody Certificate Program will 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 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.

That’s our wrap-up for this week.  Please make sure to subscribe to the blog if you haven’t already and head over to Twitter and Facebook, like and follow us!  Also, N.C. juvenile defenders, please contact us to be added to our listserv.  Have a great weekend.

OJD Week in Review: May 13 – 17

Happy Friday!  This week we’ve got quite a few new nuggets to share.  There is a new resource from NJDC worth noting, a webinar offering CLE credit, and a training in Rutherford from OJD.  Also, check out the new tip of the week and reminders from the previous weeks.

We also want to bring attention to yesterday’s post regarding the Juvenile Training Immersion Program (JTIP) hosted last month in conjunction with the National Juvenile Defender Center (NJDC) at North Carolina Central University.  JTIP was one of the first steps in OJD’s strategic plan to address changes that can/will come as a result of Raise the Age.  Please read the full post here if you have not had a chance to yet!

IMG_0546
Group photo of new N.C. regional trainers and NJDC JTIP trainers.

Tip of the Week – Suppression

Suppression motions aren’t often used in the District Court setting (outside DWI cases), however juvenile court offers many opportunities for suppression.  The juvenile code outlines the procedure for filing a motion to suppress (§7B-2408.5) and it may be made either in writing before the adjudicatory hearing or orally during the hearing.  Consider whether or not your client’s statement or identifications may be subject to suppression.  Remember – “in custody” is an objective test!  The test is whether a “reasonable juvenile” in the position of the respondent would believe him/herself to be in custody OR that s/he had been deprived of freedom of action in some significant way, and is not based on the subjective intent of the interrogator or the perception of the person under questioning.  That means if your client is in the principal’s office and the SRO is standing in front of the door, would your client feel free to leave?

Job and Fellowship Opportunity

Today is the last day to submit your application for the Louisiana Center for Children’s Rights (LCCR)’s mitigation specialist positions in New Orleans and Baton Rouge.  The mitigation specialists will be responsible for the investigation and development of competent, thorough, and quality mitigation in accordance with statewide performance standards, the American Bar Association Guidelines, and national best practices.  To apply, please check here to apply for the New Orleans position and here to apply for the Baton Rouge opening.

The North Carolina Commission on Racial and Ethnic Disparities in the Criminal Justice System (NCCRED) has an opening for a new Executive Director.  The Executive Director will provide leadership and manage all aspects of the organization, including coordinating and filing reports, developing relationships with potential partners, promoting and developing research on racial disparities, and supervising interns and contract staff.  The ideal candidate will have a passion for racial justice, experience in criminal justice reform and all aspects of nonprofit organizational management, excellent communication skills and comfort with managing conflict.  Please find the full job description here.  To apply please submit resume, cover letter, and salary requirements to James E. Williams, Jr., by SaturdayJune 1.  Please include email subject line “NCCRED Director Position.”

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The Forsyth County Public Defender’s Office is currently seeking a new assistant public defender.  The selected candidate will represent indigent clients charged with misdemeanor criminal offenses and will be expected to analyze laws, facts, written documents, conduct legal research, develop litigation strategies.   For the full job description and to apply, please go here.

Training

On Monday, May 20, OJD will be hosting a Juvenile Court Basics Training in Rutherfordton.  The training will take place at the Rutherford County Courthouse from 2 – 4 p.m. and has already been approved for 2 general CLE credit hours.  Juvenile Defender Eric Zogry will be discussing topics such as how to talk to juvenile clients, dispositions, appeals, and more.  Please call our office at 919-890-1650 if you have questions regarding the training or email Marcus Thompson.

Registration is now open for the 2019 Summer Criminal Law Update Webinar which will take place June 7 from 1:30 to 3 p.m.  This webinar will cover recent criminal law decisions issued by the North Carolina appellate courts and U.S. Supreme Court and will highlight significant criminal law legislation enacted by the North Carolina General Assembly.  School of Government criminal law experts John Rubin and Phil Dixon will discuss a wide range of issues affecting felony and misdemeanor cases in the North Carolina state courts.  The webinar, broadcast live from the School of Government, includes a dynamic visual presentation, live audio, and interactive Q&A.  This webinar is open to public defenders, private attorneys who handle or are interested in pursuing indigent criminal defense work, and other court personnel who handle criminal cases.  Please note that pre-registration is required and the deadline to register will be 5 p.m., June 5.  The webinar will offer 1.5 hours of CLE credit and qualifies for N.C. State Bar criminal law specialization credit.  The registration fee for private assigned counsel, contract attorneys, and other non-IDS employees is $75.00.  There is no registration fee for IDS state employees, thanks to support from the Office of Indigent Defense Services.  If you have questions related to webinar content, please contact John Rubin at 919.962.2498 or rubin@sog.unc.edu.  If you have questions about logistics, please Jessica O’Sullivan at 919.962.9754 or josullivan@sog.unc.edu.

TRAINING--DEVELOPMENT

Please save the dates for the 2019 Parent Attorney and Juvenile Defender Conferences.  The Parent Attorney Conference will be held Thursday, August 8 and the Juvenile Defender Conference will be held Friday, August 9.  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.  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.

The online registration deadline for the 2019 Defender Trial School, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, will be June 25.  The event will be held Monday, July 8, through Friday, July 12, at the School of Government on the UNC-Chapel Hill campus.  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 roughly 29 hours of general CLE credit.  The Defender Trial School is open to public defenders and a limited number of private attorneys who perform a significant amount of appointed work.  IDS has expanded the number of fellowships available to cover the registration fee, but please note there is a limited number of fellowships.  If you have any questions or would like additional information, please email Kate Jennings or Professor John Rubin or call 919-962-3287/919-962-2498.  To register, find a fellowship application, see the agenda, or find any other information, please check out the course page here.

The Center for Juvenile Justice Reform (CJJR)‘s Youth in Custody Certificate Program will 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 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.

New Resource

To commemorate the 52nd Anniversary of In re Gault this week, the National Juvenile Defender Center (NJDC) is pleased to share a new resource, Making the Case for Young Clients: Supreme Court Quotes for Bolstering Juvenile Defense Advocacy.  Language shapes every defense.  And the United States Supreme Court has issued numerous opinions with language that supports the unique advocacy required for defending youth in juvenile delinquency proceedings.  From recognizing that youth are more susceptible to coercion during an interrogation to reinforcing the principle that youth are constitutionally different from adults, the Supreme Court has boldly delineated the rights and obligations due to young people.  This resource is filled with language from opinions spanning several decades and is accessible online here.

Also, please note that the application period for specialization in juvenile defense started on the 1st of this month and continues until July 2!  If you know someone or if you yourself are interested in specializing in the juvenile defense arena, please visit the N.C. State Bar Legal Specialization page.

That’s our wrap-up for this week.  Please make sure to subscribe to the blog if you haven’t already and head over to Twitter and Facebook, like and follow us!  Also, N.C. juvenile defenders, please contact us to be added to our listserv.  Have a great weekend.