Week in Review: October 7-11

Welcome back to another blog with OJD! Easy week with us, Eric & Austine took on Greensboro with an informative and necessary Raise the Age & Juvenile Basics CLE and the office is preparing vital information for our defenders as we get closer to the big day.

Friday Fact: Today, October 10, is #WorldMentalHealthDay .

According to The National Alliance on Mental Illness: 20% of youth ages 13-18 live w/ a #mentalhealth condition and 70% of youth in state & local juvenile justice systems have a mental illness.

These numbers show how important #juveniledefense is to our community and helping our youth live amazing lives, not ones tied down by the justice system. Take a moment to take care of you, while you take care of others. #WorldMentalHealthDay

TIP OF THE WEEK:

Contacting Your Client  

When contacting your client for the first time, you should use as many methods as feasible.  Send a letter to both the client and parent/guardian. Call to set up an appointment. And be sure to contact the intake counselor to make sure you have the correct contact information. If you aren’t able to meet before court, ask the court for a continuance. Building a relationship with your client and building your case can’t happen on the courthouse steps.

We are 51 days away from #RaiseTheAgeNC. It only took 100 years to get here (we mean that literally and sarcastically!)!

Last week OJD also attended the IDS Commission Meeting, and a new chair was elected, Mr. Darrin Jordan. Congratulations to you Mr. Jordan!

Here’s a few photos from the meeting:

Has your county, district or region attended a Raise the Age CLE? Need to brush up on your Juvenile Basics? Contact our office and Project Attorney, Austine Long, for a date near you.

That’s all we have for week 2 of October. Stay tuned for more information as we get closer to #RaiseTheAgeNC!

OJD Week in Review: 09/16-09/20

This week has been an exciting time for OJD. Not ONLY was there training in Gaston County BUT OJD welcomed two employees into the office (who also trained in Gaston!). Keep reading for all the news.

Tip of the Week

Prior Record Level Matters

If your client’s prior record places him/her in a position for the judge to enter a level 1 OR 2 dispositional level, ALWAYS argue for a level 1 disposition. You can find a copy of the disposition chart here. Make sure to check the final written order for accuracy.

CASE NOTES

There were two new published opinions last month, one from the NC Supreme Court and the other from the Court of Appeals. In the Matter of T.T.E., decided by the Supreme Court, the Court reversed the Court of Appeals decision vacating the juvenile’s adjudication and disposition orders of disorderly conduct. Justice Earls wrote a lengthy dissent, which is worth reading.

In the Matter of J.B., the Court of Appeals, in a divided opinion, reversed the trial court’s adjudication and disposition orders for second degree sexual exploitation of a minor, first degree forcible sexual offense, and an attempted larceny admission. The Court also addressed the juvenile’s right to confrontation, the commitment of the juvenile to YDC, and confinement pending appeal. You can find the summary for In the Matter of T.T.E. here, and In the Matter of J.B. here.

Gaston County Training

Tuesday, September 17 OJD visited Gastonia, NC and provided essential training to defenders and legal teams regarding Raise the Age and Juvenile Defense Basics. Our Assistant Juvenile Defender Kim led Juvenile Basics while our NEW Project Attorney tackled all the information for Raise the Age.

Missed this CLE? Contact our office if you’re interested in attending or scheduling training for your county.

New Employees

Meet OJD’s new Project Attorney, Austine Long. Here’s a bit about her:

Before coming to join our office, she worked as a Program Attorney for at the UNC School of Government where she designed trainings for public defenders and private attorneys appointed to represent indigent clients. She also previously worked as the drug court coordinator for the Montgomery County Circuit Court Adult and Juvenile Drug Courts in Maryland. She has served as a project director at the National Association of Drug Court Professionals (NADCP) and an assistant public defender for the 14th Judicial District in Durham, NC, where she handled only juvenile cases. For seven years prior to that, she was in private practice focusing on juvenile, family, and criminal law.

*Extra: Austine’s previous position is now seeking applicants. For more information visit: https://unc.peopleadmin.com/postings/168727

Meet OJD’s new Communications & Office Manager, LaTobia Avent. Here’s a bit about her:

Before taking her position with OJD, LaTobia worked in the private sector for 7 years at AT&T Mobility as a Supervisor. She graduated from Southern New Hampshire University with her Masters in Communications in 2019 and prior to that, she attended North Carolina A&T where she received her bachelors in English in 2011. She loves social media and connecting with the world, which is her goal with OJD, connecting defenders to vital information. Through her gained communication skills at AT&T and using her passion of social media, advocacy and all things human connection, she hopes to extend OJD’s reach to attorneys and justice fighters alike. Follow OJD on Facebook for just how she does it: Search “NC Office of the Juvenile Defender”

Have a GREAT weekend and BE SAFE!

OJD Week in Review: July 8 – 12

Hello again!  This week there is a new tip and just the single training reminder.  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!

Tip of the Week – Getting Rid of Those Shackles

  • Ask that the hearing occur prior to the juvenile entering the courtroom
  • Request that both the hand and leg shackles be removed
  • Hold the court to the three reasons to shackle: maintain order, prevent escape, provide for the safety of the courtroom
  • Enforce that evidence for any of these reasons should be current behavior, not prior behavior or acts
  • Argue that “whenever practical” to be heard on the issue is anytime!

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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And, that is all we have for you this week, folks.  Have a great weekend and hopefully we have more content for you in the coming weeks.

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!

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.

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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.

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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 14 – 18

Welcome back!  This week we’ve got two new resources from NJDC in honor of Gault and the usual list of reminders for upcoming event and application deadlines.

We’d like to ask that if you know of any new defenders around N.C. please be sure to let them know about our office and also direct them to our website, the listserv,  Twitter page, and the NCOJD Facebook page.  We want to make sure we are reaching as many juvenile justice advocates as possible and ensure everyone is made aware of all of the channels we have available in the event they need assistance.  Thanks!

Also, check out the infographic below and see what traits you think match your style!

New Resource

Earlier this week, to commemorate the 51st anniversary of In re Gault, the National Juvenile Defender Center (NJDC) released two new resources, “Confined Without Cause: The Constitutional Right to Prompt Probable Cause Determinations for Youth” and “Ensuring Access: A Policy Advocacy Toolkit“.  The former argues the harms of placing children in detention and the need for children to have a probable cause determination within 48 hours, and the latter is a toolkit meant to aid defenders, advocates, state legislators and policymakers who desire to change local laws and court rules to ensure children have access to counsel.  The toolkit also acts as a companion piece to NJDC’s previous report, “Access Denied: A National Snapshot of States’ Failure to Protect Children’s Right to Counsel“, which was released last year to commemorate Gault‘s 50th anniversary, incorporating the five issue areas and recommendations from that report.

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From Around the Community

The Center for Juvenile Justice Reform and the Council of State Governments Justice Center will host the 2018 Janet Reno Forum on Monday, May 21, at  Georgetown University in Washington, D.C.  The forum will highlight strategies for restructuring juvenile justice systems to more effectively enhance public safety and improve outcomes for youth.  The event will include the presentation of the second annual Janet Reno Endowment Women’s Leadership Award, and attendees will receive a publication featuring the highlighted strategies.  Policymakers, practitioners, researchers, advocates, and other stakeholders are invited to attend.  Please register here.

The National Juvenile Justice Network will be hosting its 2018 Forum in Durham, N.C. from July 16 – 18 at the Duke University School of Law (210 Science Dr, Durham, NC 27708).  This event, co-hosted by the Youth Justice Project of the Southern Coalition for Social Justice and Duke Children’s Law Clinic, is meant to be a fun networking and training setting for juvenile justice advocates.  July 16 and 17 will be open to NJJN members only, and the final day will be open to the public.  For details on travel assistance, the current agenda, and lodging, please visit their site here.

Registration is now open for the 81st Annual National Council of Juvenile and Family Court Judges Conference.  The event this year will take place at the Hyatt Regency Denver at the Colorado Convention Center from July 22 – 25.  The conference will offer presentations/training tracks on  topics such as family law, juvenile justice, child welfare, and family violence.  This conference is judicially-focused and open to all those interested in the improvement of juvenile and family justice.  For registration and further info, please visit the NCJFCJ website here.  The early bird deadline to register ends on June 1.

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Job Opportunities

The Michigan State Appellate Defender Office (SADO) is seeking an Assistant Defender for its Juvenile Lifer Unit and will accept applications until Friday, May 25th.  The Unit is composed of seven attorneys and four mitigation specialists representing over a hundred clients where prosecutors are again seeking life without parole sentences.  The ideal candidate will have experience in death penalty phase or juvenile lifer resentencing hearings, experience in both trial and appellate courts, and experience negotiating with prosecutors, preparing mitigation for clients, and working with expert witnesses.  The project is funded through October 2019 for now, but funding will likely continue as the work will not be complete by then.  To view the full job description and see how to apply please review the complete job posting here.

The UNC School of Government is seeking a tenure-track full-time permanent assistant professor of juvenile justice and criminal law.  The selected candidate for this position will be expected “to write for, advise, plan courses for, and teach” public officials, including judges, magistrates, law enforcement, prosecutors and defenders.  Applications will remain open until the position is filled.  The expected starting date for the new hire will be July 1.  Please find the full details for the position and how to apply here.

Training

Registration is still open for the 2018 Southern Juvenile Defender Center Regional Summit.  The event will take place on June 8 and 9 at the University of South Carolina School of Law.  For further details and to register for the event, please check the Eventbrite page here.

The 2018 Defender Trial School, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, will be held Monday, July 9, through Friday, July 13, at the School of Government on the UNC-Chapel Hill campus.  The online registration deadline will be at 5 p.m. on Monday, June 25, and interested parties may register here.  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 approximately 30 hours of general CLE credit and qualifies for NC State Bar criminal law specialization credit, but attendees must attend all sessions.  The Defender Trial School is open to public defenders and a limited number of private attorneys who perform a significant amount of appointed work.  The registration fee for privately assigned counsel will be $700, which includes materials, breaks, lunches and parking, however Valerie Pearce and Tucker Charns can provide info for those interested in fellowships.  For additional info, please check out the program webpage.

Registration is open for the N.C. Bar Association’s annual meeting, this year titled “The Future of Law”.   This event will be hosted at the Wilmington Convention Center from June 21 – 24.  Topics covered will include artificial intelligence, virtual reality, design thinking in the law, and the future of legal service delivery.  For further info and to register please check out the NCBA website and the event brochure.

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Please save the dates for the 2018 Parent Attorney and Juvenile Defender Conferences.  Parent Attorney Conference will be held Thursday, August 16 and Juvenile Defender Conference will be held Friday, August 17. 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, offer approximately six hours of CLE credit, and feature speakers from across the state.  Registration will open in mid-June with a formal announcement and full details.

Thank you for checking out this week’s wrap-up and we will bring more soon!

Save the Date: 2018 Parent Attorney and Juvenile Defender Conferences

Please save the dates for the 2018 Parent Attorney and Juvenile Defender Conferences.  Parent Attorney Conference will be held Thursday, August 16 and Juvenile Defender Conference will be held Friday, August 17.  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, offer approximately six (6.0) hours of CLE credit, and feature speakers from across the state.  Registration will open in mid-June with a formal announcement and full details.

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.

The Parent Attorney and Juvenile Defender Conferences are open to public defenders, appellate defenders, and other parent and juvenile defenders who handle a significant number of court-appointed cases.  If you have any questions or would like additional information, please contact Tanya Jisa—Program Manager—at jisa@sog.unc.edu / 919.843.8981.  If you have questions about the course content please contact Austine Long – Program Attorney – at along@sog.unc.edu / 919.962.9594.

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