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!

Registration is Now Open for the 2019 SJDC Regional Summit

The Southern Juvenile Defender Center (SJDC) proudly announces the ninth annual Regional Summit, taking place in New Orleans, Louisiana, June 7-8, 2019.  You’re invited to come together with your colleagues from across the Southern states to participate in this one-of-a-kind programIf interested in attending, please register here for the Summit before May 13.

For out-of-state attorneys, partial scholarship assistance is available to cover lodging expenses on first-come, first-served basis.  Scholarship recipients must be willing to share a two-bed hotel room with another attendee and to pay $25 per night toward the cost of the room.  To inquire about a scholarship, contact Randee J. Waldman and Richard Pittman.  The deadline for scholarship applications is May 9th.

A block of rooms has been reserved at the Holiday Inn New Orleans Downtown Superdome located at 330 Loyola Ave. at a special group rate of $139/night plus tax.  To book a room at the group rate, contact the hotel at 1-800-238-0227 with group code SNJ, or book directly at Southern National Juvenile Defender Center.  The group rate is available for stays up to 3 days before and 3 days after the Summit.

A major credit card must be provided to guarantee your reservation.  A 24-hour cancellation notice is required to avoid a penalty.  To guarantee the group rate, you must reserve your room by Monday, May 13th.  Free parking is included for up to one car per room.  Parking rates are an additional $30/day for additional vehicles.

Note: There is no charge for registration, but failure to cancel your registration for the SJDC Regional Summit by May 25 will result in a $100.00 fee payable to SJDC.

CLE credits have been applied for.  You will be responsible for paying for your own CLE credits directly to the bar.

The agenda will include sessions on “Efforts and Approaches to Juvenile Detention and Bail Reform”, “Walking In Your Clients Shoes: An Immersive Experience Into The Life of A System Involved Youth”, “Keeping Children Out of Adult Court”, “Ethical Considerations in Alternative Courts” and a JTIP session on “Representing Youth on Probation”.

*No DOJ funds will be used for food or beverage.

SJDC Regional Summit 2019 Save the Date1

2019 Youth Justice Leadership Institute Fellowship Is Accepting Applications

The National Juvenile Justice Network (NJJN)  is now accepting applications to the 2019 Youth Justice Leadership Institute!

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The Institute is a year-long fellowship program focused on developing a strong base of well-prepared and well-equipped advocates and organizers who reflect the communities most affected by juvenile justice system practices and policies.  This program is geared towards individuals of color working as professionals in the juvenile justice field, who may also be young adults who are system survivors themselves, or family members of someone in the system.

Each year, 10 fellows from across the country are selected to develop their leadership and advocacy skills in the context of a robust curriculum around youth justice reform.  The fellowship is completed concurrently with fellows’ current employment, so fellows do not have to leave their jobs to participate in the Institute.  The fellowship includes two fully financed retreats, mentoring and frequent distance learning opportunities.

Interested in learning more about the Institute, or know someone who might be?  NJJN will be hosting two informational webinars on March 21 and April 4, led by the Institute’s coordinator, Diana Onley-Campbell.  To learn more or apply, find additional info here, or please register for one of the informational webinars here.  The deadline to apply for the fellowship will be 11:59 p.m. on April 29th.

OJD Week in Review: Feb. 25 – Mar. 1

Happy First Friday!  This week in addition to our new tip and training reminders, we want to bring attention to a blog post about Raise the Age from the School of Government and a new addition to our sidebar here on the website (if you haven’t already noticed!).

Also, for those juvenile defense attorneys who are currently not on our listserv, please contact Marcus Thompson so that you can be added and get all of the latest updates on our resources, upcoming training, and more!

Tip of the Week – Why Separate Probable Cause and Adjudicatory Hearings?

A probable cause hearing determines whether there is probable cause to believe that the offense charged has been committed, and that the juvenile charged committed it.  But what if the court finds probable cause for a lesser offense?  The court must hold a separate adjudicatory hearing.  Why?  Probable cause hearings and adjudicatory hearings have separate burdens of proof, are governed by different rules of evidence, and result in different legal outcomes.  Note that this rule also applies to transfer hearings when the court decides not to transfer a juvenile to superior court.

Call to Action!

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North Carolina is in need of dedicated defenders today!  With the expected increase of juvenile defense cases following the full implementation of Raise the Age, North Carolina’s juvenile defender community will be in need of quality juvenile defense attorneys.  We want to encourage attorneys with a passion for protecting our most vulnerable populations, whether you possess decades of experience or you’ve been practicing for just over five years, to consider specializing now.  We also want attorneys fresh out of law school and those currently in law school to plan to take the specialization exam later in their career.  For details on specializing in North Carolina, please check out the link here (links also available on the sidebar).  Applications for the specialization exam with the N.C. State Bar should be open between May and July this year.  For additional resources and information about specializing, please check out the National Juvenile Defender Center’s page here.

From Around the Community

From the “On the Civil Side” blog, Jacqui Greene has published a new post regarding Raise the Age.  In this blog, Greene breaks down the recommendations from the Juvenile Jurisdiction Advisory Committee’s latest report.  Please take a moment to read her post here.

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Training

Registration for the “2019 Regional Training for Indigent Defense: Special Issues in Felony Cases” is now open to IDS contract attorneys and to privately assigned counsel representing indigent clients.  The training will focus on special issues in felony cases and include a two hour session on gangs.  The Regional Training will be held on Thursday, March 21 at the East Carolina Heart Institute (ECHI) at ECU, located at 115 Heart Drive, Greenville, NC 27834.  The training will take place in the Conference Room beginning at 12:45 p.m.  Free parking is available in the visitor lots adjacent to ECHI as well as the Family Medicine building next door.  Refreshments will be provided.  To register and to find additional program information, visit their course page here.  The registration deadline for the Regional Training is 5:00 p.m. on Monday, March 18.  The registration fee is $95.00, which includes materials, CLE credit, and snacks.  The training will offer 3.0 hours of general CLE credit.  If you have any questions or would like additional information, please contact Program Attorney, Austine Long at along@sog.unc.edu or 919.962.9594 or Program Manager, Tanya Jisa at jisa@sog.unc.edu or 919.843.8981.

On March 15, from 10:00 a.m. to 4:45 p.m., the UNC School of Government (SOG) will be hosting the first North Carolina Criminal Justice Summit in the the University of North Carolina at Chapel Hill’s Carolina Club.  The Summit will be lead by SOG’s own Professor of Public Law and Government Jessica Smith and will feature national and state experts with broad-ranging ideological perspectives who will discuss key issues capturing attention in North Carolina and around the nation, including bail reform, overcriminalization, and barriers to re-entry, such as fines and fees, the criminal record, and collateral consequences.  Join the conversation as they explore how these issues impact justice, public safety and economic prosperity in North Carolina, and whether there is common ground to address them.  This event will be free to attend, lunch will be provided, and it offers 5 hours of CJE and free CLE credit.  Attendees are responsible for their travel expenses, including a $14 event parking fee.  For those arriving the night before, state rate and discounted rooms at local hotels will be available.  For more details, please visit here.

This concludes the news for the final week of February.  Please check us out on OJD’s Twitter and Facebook for posts throughout the week.

OJD Week in Review: Feb. 18 – 22

Happy Friday!  This week we’ve got a new tip, a new training, a podcast related to an event covered on last week, and the usual reminders.

Tip of the Week – Secure Custody and Burden of Proof

do-dont-sign-300x296If you have a client being held on a secure custody order – remember it’s the STATE’s burden to prove to the court, by clear and convincing evidence, that the juvenile should remain in custody AND no less intrusive alternative will suffice (§7B-1906(d)).  That means it’s not the court counselor’s role!  Ask the court for less restrictive means, for example electronic monitoring or house arrest.  If the court finds that your client should remain in custody, the court is bound by the criteria in §7B-1903 and must make written findings of fact.

Training

The Office of the Juvenile Defender will be hosting a Juvenile Court Basics CLE on Wednesday, Feb. 27, from 1 to 5 p.m. at the Cumberland County Courthouse.  Assistant Juvenile Defender Kim Howes will be discussing the role of counsel, how to communicate with juvenile clients, dispositions, capacity, appeals, and so much more.  Questions and concerns are welcome.  Four general CLE credit hours are approved for this training.   Please contact Marcus Thompson by email or call 919-890-1650 if you have questions.

Registration for the “2019 Regional Training for Indigent Defense: Special Issues in Felony Cases” is now open to IDS contract attorneys and to privately assigned counsel representing indigent clients.  The training will focus on special issues in felony cases and include a two hour session on gangs.  The Regional Training will be held on Thursday, March 21 at the East Carolina Heart Institute (ECHI) at ECU, located at 115 Heart Drive, Greenville, NC 27834.  The training will take place in the Conference Room beginning at 12:45 p.m.  Free parking is available in the visitor lots adjacent to ECHI as well as the Family Medicine building next door.  Refreshments will be provided.  To register and to find additional program information, visit their course page here.  The registration deadline for the Regional Training is 5:00 p.m. on Monday, March 18.  The registration fee is $95.00, which includes materials, CLE credit, and snacks. The training will offer 3.0 hours of general CLE credit.  If you have any questions or would like additional information, please contact Program Attorney, Austine Long at along@sog.unc.edu or 919.962.9594 or Program Manager, Tanya Jisa at jisa@sog.unc.edu or 919.843.8981.

TRAINING--DEVELOPMENT

On March 15, from 10:00 a.m. to 4:45 p.m., the UNC School of Government (SOG) will be hosting the first North Carolina Criminal Justice Summit in the the University of North Carolina at Chapel Hill’s Carolina Club.  The Summit will be lead by SOG’s own Professor of Public Law and Government Jessica Smith and will feature national and state experts with broad-ranging ideological perspectives who will discuss key issues capturing attention in North Carolina and around the nation, including bail reform, overcriminalization, and barriers to re-entry, such as fines and fees, the criminal record, and collateral consequences.  Join the conversation as they explore how these issues impact justice, public safety and economic prosperity in North Carolina, and whether there is common ground to address them.  This event will be free to attend, lunch will be provided, and it offers 5 hours of CJE and free CLE credit.  Attendees are responsible for their travel expenses, including a $14 event parking fee.  For those arriving the night before, state rate and discounted rooms at local hotels will be available.  To apply for this course and find more details, please visit here.  Applicants should be notified regarding acceptance by today.

From Around the Community

Last week we covered an event at Duke University in which Professor Brandon L. Garrett discussed juvenile life without parole and its impact on N.C. with a panel of juvenile justice advocates to correlate with the release of his newest report on the issue.  This week we want to also bring attention to a recent episode of The State of Things that features Garrett discussing the topic further.  If you would like to hear the 11-minute segment, please check it out here.

That is all for now, but we have more planned in the coming weeks.  Please check us out on OJD’s Twitter and Facebook for posts throughout the week.

OJD Week in Review: Feb. 4 – 8

Salutations and thank you for joining us again!  This week, in addition to the invaluable Tip of the Week and necessary reminders, we’ve got a new job posting.  Also, please note that many deadlines job applications and event dates are approaching within the next week!

Tip of the Week – Calculations Matter

Make sure you calculate your client’s delinquency history correctly.  It is reversible error if you do not advise your client of the most serious disposition s/he is exposed to (even if everyone agrees to a lower dispositional level).  Feel free to use the disposition chart and prior record scoring sheet available here on our website.

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From Around the Community

On Monday, Feb. 11, at 12:30 p.m., Duke Law School Professor Brandon L. Garrett and the Duke Criminal Law Society will be presenting and releasing their newest study, “Juvenile Life Without Parole in North Carolina”.  Garrett was awarded a grant from the Charles Koch Foundation to study evidence to inform criminal justice policy.  Through his research, Garrett prepared a report and will be sharing his findings with all attorneys working on juvenile cases at this event.  For further information, please direct questions to Callie Thomas.

Job Opportunities

National Center for State Courts (NCSC) is currently looking to fill a position for a Principal Court Management Consultant that would be based in one of NCSC’s offices (Denver, CO; Arlington, VA, or HQ in Williamsburg, VA), or possibly teleworking when not traveling.  NCSC is expanding its staff devoted to family and children’s issues and is hoping to get candidates with juvenile justice experience for this position.  To apply and see more details about this position, please check here.  The deadline for applications will be Friday, Feb. 15.

The deadline for electronic offers for the Office of Indigent Defense Services‘ Request for Proposals in Caswell, Person, Alamance, Orange, and Chatham counties will be Friday, Feb. 15.  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 and renew on June 1.  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.  To access the RFP, please check here.

Training

On March 15, from 10:00 a.m. to 4:45 p.m., the UNC School of Government (SOG) will be hosting the first North Carolina Criminal Justice Summit in the the University of North Carolina at Chapel Hill’s Carolina Club.  The Summit will be lead by SOG’s own Professor of Public Law and Government Jessica Smith and will feature national and state experts with broad-ranging ideological perspectives who will discuss key issues capturing attention in North Carolina and around the nation, including bail reform, overcriminalization, and barriers to re-entry, such as fines and fees, the criminal record, and collateral consequences.  Join the conversation as they explore how these issues impact justice, public safety and economic prosperity in North Carolina, and whether there is common ground to address them.  This event will be free to attend, lunch will be provided, and it offers 5 hours of CJE and free CLE credit.  Attendees are responsible for their travel expenses, including a $14 event parking fee.  For those arriving the night before, state rate and discounted rooms at local hotels will be available.  To apply for this course and find more details, please visit here.  Applicants will be notified regarding acceptance no later than Friday, Feb. 15th.

The Office of the Juvenile Defender will be hosting a Juvenile Court Basics CLE on Feb. 27 from 1 to 4 p.m. at the Cumberland County Courthouse.  Assistant Juvenile Defender Kim Howes will be discussing the role of counsel, how to communicate with juvenile clients, dispositions, capacity, appeals, and so much more.  Questions and concerns are welcome.  Three general CLE credit hours are currently pending for this training.   Please contact Marcus Thompson by email or call 919-890-1650 if you have questions.

Save the date!  The 2019 Regional Training for Indigent Defense: Special Issues in Complex Felony Cases will be held on March 21 at the East Carolina Heart Institute at East Carolina University in Greenville, N.C.  The training will focus on topics relevant to criminal law practitioners and is open to IDS contract attorneys and privately assigned counsel.  Participants will receive three general CLE credit hours.  Registration should open later this month.

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That wraps up this week.  There should be more to come next Friday, but in the meantime, check out OJD’s Twitter and Facebook for posts throughout the week.

OJD Week in Review: Jan. 29 – Feb. 1

Happy first Friday and welcome to February!  Of course, this week there is a new tip, but we’ve also got another JJAC report, a new resource, and some new training announcements to share.

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Tip of the Week – When Should I Receive the Disposition Report?

You should try to receive the disposition report prior to the dispositional hearing to review with your client.  If possible, try to get a copy of the report at least several days prior to the hearing.  While there is no statutory authority compelling the receipt from the intake counselor, there are local rules which suggest time periods.

JJAC Updates

The Juvenile Jurisdiction Advisory Committee (JJAC) has released its 2017 Annual Report.  This report features accomplishments of JJAC, data on the JCPC services, juvenile court services, juvenile facility populations,  education and clinical services, and more.  You can read the full report here.

Training

On March 15, from 10:00 a.m. to 4:45 p.m., the UNC School of Government (SOG) will be hosting the first North Carolina Criminal Justice Summit in the the University of North Carolina at Chapel Hill’s Carolina Club.  The Summit will be lead by SOG’s own Professor of Public Law and Government Jessica Smith and will feature national and state experts with broad-ranging ideological perspectives who will discuss key issues capturing attention in North Carolina and around the nation, including bail reform, overcriminalization, and barriers to re-entry, such as fines and fees, the criminal record, and collateral consequences.  Join the conversation as they explore how these issues impact justice, public safety and economic prosperity in North Carolina, and whether there is common ground to address them.  This event will be free to attend, lunch will be provided, and it offers 5 hours of CJE and free CLE credit.  Attendees are responsible for their travel expenses, including a $14 event parking fee.  For those arriving the night before, state rate and discounted rooms at local hotels will be available.  To apply for this course and find more details, please visit here.  Applicants will be notified regarding acceptance no later than February 15th.

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The Office of the Juvenile Defender will be hosting a Juvenile Court Basics CLE on Feb. 27 from 1 to 4 p.m. at the Cumberland County Courthouse.  Assistant Juvenile Defender Kim Howes will be discussing the role of counsel, how to communicate with juvenile clients, dispositions, capacity, appeals, and so much more.  Questions and concerns are welcome.  Three general CLE credit hours are currently pending for this training.   Please contact Marcus Thompson by email or call 919-890-1650 if you have questions.

Save the date!  The 2019 Regional Training for Indigent Defense: Special Issues in Complex Felony Cases will be held on March 21 at the East Carolina Heart Institute at East Carolina University in Greenville, N.C.  The training will focus on topics relevant to criminal law practitioners and is open to IDS contract attorneys and privately assigned counsel.  Participants will receive three general CLE credit hours.  Registration should open later this month.

New Resource

The National Juvenile Defender Center (NJDC) is delighted to share the updated 2018-2019 version of their Juvenile Defense Policy and Practice Career Resource Guide, which is intended to help law students prepare for a career in juvenile defense or juvenile justice policy reform.  Many law students, even those who are interested in criminal law, are not aware that juvenile defense, as a specialized practice, is a viable career option, and one that draws on many of the same motivations and skills as criminal defense.  Those students who are aware of juvenile defense have told NJDC they find it difficult to prepare for the job search in this field.  To that end, NDJC created this Career Resource Guide, which they hope will raise the profile of and help students prepare for a career in juvenile defense or juvenile justice policy reform.  The Guide includes information on coursework and externships that will help strengthen a candidate’s application in the juvenile defense field; resources to guide in the search for juvenile defense jobs, fellowships, and funding opportunities; and a list of offices around the country that provide employment and internship opportunities specific to juvenile defense.

From Around the Community

On Feb. 11 at 12:30 p.m., Duke Law School Professor Brandon L. Garrett and the Duke Criminal Law Society will be presenting and releasing their newest study, “Juvenile Life Without Parole in North Carolina”.  Garrett was awarded a grant from the Charles Koch Foundation to study evidence to inform criminal justice policy.  Through his research, Garrett prepared a report and will be sharing his findings with all attorneys working on juvenile cases at this event.  For further information, please direct questions to Callie Thomas.

Job Opportunities

On Dec. 1, Indigent Defense Services 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 and renew on June 1.  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.  To access the RFP, please check here.

This is it for this week.  There should be more to come next Friday, but in the meantime, check out OJD’s Twitter and Facebook for posts throughout the week.

2018 Year in Review

This past year has been a very eventful and exciting year for the juvenile defense community.  With N.C. now less than a year from the full implementation of the Raise the Age (RTA) legislation, which will raise the age of juvenile delinquency court jurisdiction, OJD has been working throughout 2018 to prepare attorneys around the state for the anticipated changes.

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Contracts & Trainings

Trainings:  OJD hosted multiple regional trainings around the state to discuss the Juvenile Justice Reinvestment Act (also known as the RTA legislation) and the office’s plans to address it going forward.  OJD also hosted various juvenile court basics trainings in different regions at the request of local attorneys and bar associations and will continue to do so upon request.  OJD also presented to law students and collaborated with other organizations, such as the N.C. Advocates for Justice Juvenile Defense Section, to train attorneys on RTA.

Contracts:  OJD established no new contracts this year, however there was a juvenile delinquency RFP issued and a few open contract positions filled through the year.  As part of the response to RTA, OJD will evaluate current contracts and observe court in all districts to determine where new contracts will be needed once the law is fully implemented.  Assistant Juvenile Defender Kim Howes has also met with contractors in different districts to address issues and strategize on their cases.

Legislation

While there was no new legislation this year that OJD worked on, Juvenile Defender Eric Zogry continued to be active on the Juvenile Justice Advisory Committee (JJAC) and the Legal Revisions and Legislative Issues Subcommittee, assisting in the planning and adjustments before the full implementation of RTA.  We also provide the most current information we can for frontline defenders and stakeholders pertaining to the changes to the law.

Outreach

This year OJD has continued to grow in our online presence.  We’ve continued to trend Dilemma of Dutiesupward with the numbers on social media and we still encourage all attorneys doing juvenile defense work in N.C. to join our Facebook/Twitter page.  On the OJD website, new content is still being added to the blog, and new resources are still being provided to prepare attorneys on the RTA page under the “Information for Defenders” tab.  We’ve also had some great new interviews on the OJD podcast, including a feature on Dr. Anne Corbin’s book, Dilemma of Duties, which focuses exclusively on attorneys in the N.C. juvenile justice system, and a discussion on juvenile psychological development and evaluations with Dr. Cindy Cottle.

In 2018, the bulk of our outreach efforts have been dedicated to education and the celebration of the passage of RTA, and also establishing relationships with organizations that have interest in the new legislation.  OJD has also met with N.C. Central University’s staff to strategize on how to utilize the technology available through their Virtual Justice Project to assist in outreach for 2019.

Direct Representation

OJD continues to provide direct representation of juvenile clients.  This has allowed our Office to observe and respond to trends in juvenile court as well as continue to have a presence in the courtroom.  OJD has represented juveniles in cases transferred from other districts and been able to identify issues for appeal and base trainings on issues that have arisen in multiple cases in various districts such as proper amendments to charges on petitions and improper dispositional levels.  Collaboration with defenders in other jurisdictions when we have juvenile clients in common has resulted in better outcomes for juveniles with petitions in multiple districts.

New Initiatives

With the implementation of RTA underway, OJD has executed its three-part plan to address the needs of defenders to absorb the increased number of cases.  This includes (1) developing virtual and in-person statewide and local conferences, trainings and presentations to keep defenders informed, (2) proposing a system of dedicated defenders through contracting with local defenders and consulting with public defender offices and contractors to determine the impact of potential increase in caseload, and (3) continuing to work on policy development as it pertains to RTA implementation.  Our office continues to update the RTA page on the OJD website with resources specifically related to the legislation and our plans, including summaries and a compilation of articles, and we will continue to update this page as more materials become available.

OJJDP Grant

Early in 2018, with the anticipated increase in the juvenile caseload once 16- and 17-year-olds enter the juvenile justice system as a result of RTA, OJD and the Office of Indigent Defense Services (IDS) applied for a federal grant offered through the Office of Juvenile Justice and Delinquency Prevention (OJJDP).  The plan was to use the grant to help fund efforts to give attorneys access to more specialized training and resources and also increase our capacity for data collection over the next few years.  Fortunately, OJD was awarded the grant and has created the new Project Attorney position to assist in the planning and execution of virtual and in-person training statewide to better address juvenile defenders’ needs.  IDS has also created a new Juvenile Contract Specialist position to assist with the caseload increase.

OJD Week in Review: Jan. 14 – 18

Happy Friday!  This week we’ve got another tip for juvenile defenders, one new job opportunity and some reminders.

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.

Job Opportunities

The Office of Indigent Defense Services (IDS) is currently seeking a new Regional Defender.  The ideal candidate will have the ability to provide oversight to professionals, have knowledge of General Statutes, case law and responsibilities of contractors, and have skills in representing indigent defendants, problem solving, and relationship building.   IDS prefers applicants with some teaching/supervisory experience and a minimum of five years of experience with criminal defense work representing indigent clients.  The deadline for applications will be Jan. 27.  You can apply and see more on this opportunity here.

On Dec. 1, Indigent Defense Services 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 and renew on June 1.  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.  To access the RFP, please check here.

Training

Save the date!  The 2019 Regional Training for Indigent Defense: Special Issues in Complex Felony Cases will be held on March 21 at the East Carolina Heart Institute at East Carolina University in Greenville, N.C.  The training will focus on topics relevant to criminal law practitioners and is open to IDS contract attorneys and privately assigned counsel.  Participants will receive three general CLE credit hours.  Registration should open later this month.

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And… another week down for 2019, but be on the look out for our Year in Review next week!  Please join us over on Twitter and Facebook for other news and updates throughout the week and we will have more to come soon.  We hope you enjoy the MLK weekend.

OJD Week in Review: Jan. 7 – 11

Welcome!  We’re coming into another Friday with fresh tips, job, training, and podcast reminders.  We also have a summary of the first Juvenile Jurisdiction Advisory Committee meeting of 2019, which took place earlier this week.

Tip of the Week – No Cookie-Cutter Dispositions!

Remember – disposition MUST be tailored to your specific client (§7B-2500) – don’t be afraid to argue against “cookie cutter” plans.  For example – if your client has no known drug/alcohol history, why should s/he be subject to random drug screens as part of probation?  Ask your client if s/he hunts – depending on the charge your client was adjudicated for, consider requesting the prohibition against weapons be waived if s/he is hunting with a responsible adult.

Job Opportunities

Today is the last day to apply for the Juvenile Law Center‘s Staff Attorney.  The Staff Attorney will work in a highly collegial atmosphere with attorneys, communications, development, and operations staff, and in partnership with colleagues around the state and country.  The work will include litigation, policy advocacy, public education, media advocacy, legal and non-legal writing, training, technical assistance, coordinating state or national reform efforts including organizing and facilitating meetings, and other duties as assigned.  The Staff Attorney will think strategically about opportunities to advocate for child welfare and justice systems that are developmentally appropriate, racially equitable, and supportive of youth, families and communities.  .  To apply, please go here.

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.  To access the RFP, please check here.

Training

The deadline for applications for the 2019 Juvenile Training Immersion Program (JTIP) Summer Academy is Sunday, Jan. 13.  The JTIP Summer Academy is an annual seven-day intensive training program comprised of sessions from the JTIP curriculum, developed by the National Juvenile Defender Center (NJDC) in conjunction with experts and practitioners from around the country.  It is intended for attorneys who currently defend youth in juvenile court proceedings.  The Academy is targeted at both new and experienced juvenile defenders.  New defenders will develop the skills they need to zealously represent their clients.  More experienced juvenile defenders will have the opportunity to refine their skills and enhance their effectiveness by employing defense strategies that incorporate the unique aspects of representing youth in delinquency cases.  The program is also designed to build community and equip juvenile defenders with skills they can share with colleagues in their home state.  The JTIP Summer Academy is co-hosted by the National Juvenile Defender Center (NJDC) and Georgetown Law’s Juvenile Justice Clinic & Initiative.  To apply, please find a PDF version of the application here.

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Save the date!  The 2019 Regional Training for Indigent Defense: Special Issues in Complex Felony Cases will be held on March 21 at the East Carolina Heart Institute at East Carolina University in Greenville, N.C.  The training will focus on topics relevant to criminal law practitioners and is open to IDS contract attorneys and privately assigned counsel.  Participants will receive three general CLE credit hours.  Registration should open later this month.

First JJAC Meeting of 2019

On Tuesday, Jan. 8, at the N.C. Division of Adult Corrections and Juvenile Justice building, the Juvenile Jurisdiction Advisory Committee (JJAC) held their first meeting for 2019.   During the meeting, Committee members summarized the plans for the interim Juvenile Age Report, discussed funding recommendations, next steps in planning and new business.

The meeting began with a greeting and review of the minutes from the previous meeting from Committee co-chairs the Honorable Garry Frank and Bill D. Davis before Deputy Secretary for Juvenile Justice William Lassiter began the presentation on the Juvenile Age Report.  Lassiter stated that the future topics in JJAC would include age-appropriate programming in youth development centers and detention centers, hearing presentations from representatives from other states that have implemented Raise the Age legislation, training of stakeholders across the state, business analytics, videoconferencing, and communication planning.  Lassiter mentioned the Committee was currently working on a grant to aid in establishing videoconferencing capabilities statewide.

Lassiter said in multiple stakeholder forums, resources and legislative changes were the biggest concern brought up in each juvenile district.  In addition to the forums, JJAC is also working on establishing new juvenile facility designs, health services, and education, among other things.  There have already been 65 new positions approved for court services to assist with the expected increase in the juvenile justice system and new data collection software is already being utilized.

RTAThe Housing Transfer Subcommittee submitted several recommendations regarding transportation and pretrial custody of juveniles.  It was also pointed out that the recent federal Juvenile Justice and Delinquency Prevention Act of 2018 reinforces the Housing Transfer Subcommittees’ recommendation to house all persons less than 18 years of age in an approved Juvenile Justice Section facility when ordered to be held in custody prior to trial or adjudication.  Part of the legislative recommendations from the subcommittees included defining what motor vehicle offenses would be excluded and including a “beyond a reasonable doubt” standard for gang suppression.

During the discussion on the legislative recommendations, concerns were raised about the legislative directive encouraging school-justice partnerships (SJP), agreements among local stakeholders to divert minor school disciplinary behavior from juvenile court.  Eddie Caldwell spoke on behalf of the Sheriff’s Association, stating the organization supports Raise the Age and believes that the juvenile system has more leverage to work with juveniles than the adult system, providing them with resources and services.  However, the consensus among its members is that SJP only keep kids out of the justice system, preventing them from receiving the services they need.  Caldwell said the greatest concern arises from the vagueness of the language and assumption it can be adopted by all local systems statewide.  Chief District Court Judge Jay Corpening, who piloted one of the first partnerships in New Hanover County, responded that while he appreciated Caldwell’s comments, the program was very successful in his jurisdiction, and that the partnership holds youth accountable by providing effective and appropriate responses without court involvement, and that the result was that schools reported as safer environments.  Members of the Committee invited Caldwell to join them in the SJP subcommittee meeting that followed immediately after the full JJAC meeting to further address concerns with the plan.

AOC Chief Business Officer Brad Fowler discussed AOC funding recommendations, pointing out the need for more district court judges, assistant district attorneys, deputy clerks and legal assistants.  OJD’s request for additional funding for a new assistant juvenile defender was also mentioned and Juvenile Defender Eric Zogry also had a chance to introduce OJD’s new Project Attorney to the Committee.

Director of the Conference of District Attorneys Peg Dorer and Juvenile Resource Prosecutor Rachel Larsen later presented on the funding recommendations for their organization, which included making the Juvenile Resource Prosecutor position permanent to aid in statewide training on juvenile court laws and developing new resources.

At the end of the meeting the Committee voted to accept the changes to the draft of the Juvenile Age report, which only included technical changes, such as grammatical and punctuation, but no substantive changes to the report were made.  Following the adjournment of the full Committee meeting, members broke out into subcommittees to discuss next steps in addressing implementation.

New Resources

Just to bring attention to this once more, we wanted to let everyone know that our latest podcast with forensic psychologist Dr. Cindy Cottle is live!  In this new segment, we talk about Roper v. Simmons, what juvenile defenders should know before contacting an evaluator, the impact that involvement in our current juvenile justice system can have on the mental health of youth, and much more.  You can listen to the podcast here.

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That sums up this week!  Please join us over on Twitter and Facebook for other news and updates throughout the week and we will have more to come soon.