OJD Week in Review: Aug. 20 – 24

Happy Friday!  This another very light week, but we’ve got some new resources added and the same reminders for training registration deadlines that are approaching fast!

New Resource

There are three new resources added to the “Materials for Defenders” page.  Under the “Adolescent Brain Development” section, we’ve posted Dr. Cindy Cottle’s presentation from the Advocating for Youth Charged with First Degree Murder training titled Moving Forward: Advanced Concepts in Adolescent Brain Development.  Under the “Confessions” section, we’ve added the Juvenile Training Immersion Program’s Summary of Reid Interrogation Techniques.  Under the “Dispositions” section, you can now find Veronika Monteleone’s Disposition Worksheet.  All of these resources and more can be found here.

Training

Registration for the 2018 Misdemeanor Defender Training will at close 5 p.m. on Thursday, Aug. 30There will be no onsite registration.  The training will take place at the UNC-Chapel Hill campus from Sept. 18 – 21.  This event, cosponsored by the Office of Indigent Defense Services and the School of Government, will be an introductory program for attorneys who are new to handling misdemeanor cases and will offer 21.5 CLE credit hours, including one hour of ethics/professional responsibility credit and qualifies for criminal law specialization credit.  Attendees can expect sessions that will cover topics such as impaired driving, probation violations, ethical issues in district court, and much more.  The deadline for the hotel block will be Tuesday, Aug. 28.  The fee for privately assigned counsel will be $560, but the program will be free for IDS state employees.  There is a new online registration system being used that will require first-time users to create an account, but if any issues should arise, please contact registration@sog.unc.edu/919.966.4414 or check the FAQ page.  For further questions contact either Tanya Jisa or Phil Dixon,Jr.

Save the Date!  The Bridging The Gap III Seminar will be in Winston-Salem September 20-21, 2018.  Participants in this seminar will be awarded 10.25 CLE credit hours, including 1.5 credit hours in ethics, professional responsibility and professionalism.  The registration fee is $115.00.  The focus of this seminar will be on client and family relations, and pretrial resolution.  Registration and hotel information will be published in early July.  A block of 40 rooms will be available once the registration is published.  For an attorney to attend he or she must have at least 7 years’ experience.  The “ gap” in Bridging The Gap describes lawyers who have never taken murder cases and are considering taking them on, and lawyers who have taken non-capital murder cases and are considering taking capital cases.  The seminar, hosted by the Office of the Capital Defender, focuses on issues relevant to both non-capital and capital murder cases.  If you have questions or need additional information, please contact Terry Alford.

That sums it up for this week!  Have a great weekend, and hopefully there is more to come next week!

OJD Week in Review: Aug. 13 – 17

Welcome back, everyone!  There is light news this week, but there are a few tidbits of information that might be of interest to you below.

Another OJD Spotlight On…

Before we get to the usual news, we would like to bring attention to a young man from Garner who wrote to our office recently with a personal request regarding school safety.  Lance Murphy, 16, of Garner Magnet High School, wrote Juvenile Defender Eric Zogry citing his concerns with the recent tragedies that have taken place within schools, including the one in Parkland, Fla.  In his writing, Murphy cites data from the Bureau of Justice Statistics and inquires about programs to aid at-risk youth, before concluding with the statement below:

“As North Carolina’s Juvenile Defender, I ask that you support programs that help rehabilitate juvenile offenders.  I also ask that you support programs that may help prevent at-risk youth from committing crimes to begin with.  Examples of this could include after-school care, community support groups, community sport leagues, community service, and job skills support.  All children should have an opportunity to become outstanding adults, even those who have made bad choices in the past.  I thank you for your service and time.  I anxiously await your reply.”

giphy

While Zogry has sent his own reply to Murphy, perhaps we should also consider his heartfelt request as a call to action for all juvenile justice advocates and service providers.  It’s great that kids such as Murphy are considering preventative measures to keep more youth out of the justice system and addressing the fact that all kids, regardless of their actions, deserve the chance to prove themselves to be better adults.  We commend Murphy for speaking out on behalf of his peers and we also want to thank all those people who have actively worked to improve our communities and protect the future of our youth!

From Around the Community

cropped-whiteojd.pngOn Wednesday, Aug. 22, from 12 to 2 p.m., the Office of the Juvenile Defender will be hosting a Raise the Age Regional Informational Meeting in the Law Library of the Watauga County Courthouse (842 W. King Street) in Boone.  Juvenile defenders in District 24 and its surrounding districts are encouraged to attend.  During this meeting we will be discussing the Raise the Age law, OJD’s plans in response to the law, and what issues should be addressed going forward.  We encourage attendees to bring their lunch, as well as questions, comments and concerns.  We have a few other similar information meetings planned in other parts of the state, but if attorneys are interested in receiving more information, please feel free to reach out to our office and we will be happy to schedule a meeting/training with you!

On Thursday, Aug. 23, from 2 to 3:30 p.m., the OJJDP-funded Internet Crimes Against Children Task Force Program will host the “Internet Crimes Against Children/KeepSafe Incident Response Tool for Schools” webinar.  The webinar will discuss a free resource designed to help schools respond to technology-related incidents, including cyberbullying, sexting, hacking, and threats of violence.  The webinar will also identify how school officials can use this tool to work with law enforcement and other stakeholders to investigate and develop responses to all types of technology-related incidents.  If you are interested, please register here.

Training

Registration is now open for the 2018 Misdemeanor Defender Training, which will take place at the UNC-Chapel Hill campus from Sept. 18 – 21.  This training, cosponsored by the Office of Indigent Defense Services and the School of Government, will be an introductory program for attorneys who are new to handling misdemeanor cases and will offer 21.5 CLE credit hours, including one hour of ethics/professional responsibility credit and qualifies for criminal law specialization credit.  Attendees can expect sessions that will cover topics such as impaired driving, probation violations, ethical issues in district court, and much more.  The registration deadline will be 5 p.m. on Aug. 30 and the deadline for the hotel block will be Aug. 28.  There will be no onsite registration.  The fee for privately assigned counsel will be $560, but the program will be free for IDS state employees.  There is a new online registration system being used that will require first-time users to create an account, but if any issues should arise, please contact registration@sog.unc.edu/919.966.4414 or check the FAQ page.  For further questions contact either Tanya Jisa or Phil Dixon,Jr.

Save the Date!  The Bridging The Gap III Seminar will be in Winston-Salem September 20-21, 2018.  Participants in this seminar will be awarded 10.25 CLE credit hours, including 1.5 credit hours in ethics, professional responsibility and professionalism.  The registration fee is $115.00.  The focus of this seminar will be on client and family relations, and pretrial resolution.  Registration and hotel information will be published in early July.  A block of 40 rooms will be available once the registration is published.  For an attorney to attend he or she must have at least 7 years’ experience.  The “ gap” in Bridging The Gap describes lawyers who have never taken murder cases and are considering taking them on, and lawyers who have taken non-capital murder cases and are considering taking capital cases.  The seminar, hosted by the Office of the Capital Defender, focuses on issues relevant to both non-capital and capital murder cases.  If you have questions or need additional information, please contact Terry Alford.

That sums it up for this week!  The near-future for news in the juvenile defense community is looking good, so check back soon!

OJD Week in Review: Aug. 6 – 10

Welcome back, everyone!  This week there are some great new stories to share from our site and around the Web.

From Around the Community

First, from the On the Civil Side blog, Austine Long discusses youth development centers (YDCs).  In her post, Long emphasizes the use of YDCs and the need for juvenile justice advocates to familiarize themselves with the facilities and requirements of committed youth.  Long also encourages attorneys to attend trainings about YDCs, including the annual Juvenile Defender Conference.  You can check out the full post here.

Dilemma of Duties

Earlier this week, our office had the pleasure of speaking with Dr. Anne Corbin about her book, Dilemma of Duties: The Conflicted Role of Juvenile Defenders.  Through interviews with many juvenile defense attorneys across North Carlina, Corbin examines the role of juvenile defenders and the internal and external pressures experienced by defenders to divert from expressed-interest advocacy to best-interest advocacy.  We recorded the discussion for our next podcast, which we hope to share in the very near future, but in the meantime check out the book for yourselves!

Speaking of books, from the Sentencing Law and Policy blog, author Cara Drinan wrote a four-part series to discuss her book The War on Kids: How American Juvenile Justice Lost Its Way.  In her first post, Drinan addresses the question of how the U.S. became an international outlier in the severity of its juvenile justice practices, touching on the origins of the juvenile court system and drawing the line to the failures of the system today.  Her later posts also cover what the war on kids looks like, three Supreme Court cases that have significantly impacted the juvenile justice system, and post-Miller parole.  Drinan concluded the series of posts earlier this week, so be sure to read all four blog posts and check out the book!  You can read the beginning of her series here.  Shout-out to David Andrews for bringing these blogs to our attention!

Finally, if you haven’t already seen it, please take a moment to read our feature on Cindy Ellis, the new contract juvenile defender of Davie County.  Read the full post here.

Cindy Ellis pic

Training

Registration is now open for the 2018 Misdemeanor Defender Training, which will take place at the UNC-Chapel Hill campus from Sept. 18 – 21.  This training, cosponsored by the Office of Indigent Defense Services and the School of Government, will be an introductory program for attorneys who are new to handling misdemeanor cases and will offer 21.5 CLE credit hours, including one hour of ethics/professional responsibility credit and qualifies for criminal law specialization credit.  Attendees can expect sessions that will cover topics such as impaired driving, probation violations, ethical issues in district court, and much more.  The registration deadline will be 5 p.m. on Aug. 30 and the deadline for the hotel block will be Aug. 28.  There will be no onsite registration.  The fee for privately assigned counsel will be $560, but the program will be free for IDS state employees.  There is a new online registration system being used that will require first-time users to create an account, but if any issues should arise, please contact registration@sog.unc.edu/919.966.4414 or check the FAQ page.  For further questions contact either Tanya Jisa or Phil Dixon,Jr.

Save the Date!  The Bridging The Gap III Seminar will be in Winston-Salem September 20-21, 2018.  Participants in this seminar will be awarded 10.25 CLE credit hours, including 1.5 credit hours in ethics, professional responsibility and professionalism.  The registration fee is $115.00.  The focus of this seminar will be on client and family relations, and pretrial resolution.  Registration and hotel information will be published in early July.  A block of 40 rooms will be available once the registration is published.  For an attorney to attend he or she must have at least 7 years’ experience.  The “ gap” in Bridging The Gap describes lawyers who have never taken murder cases and are considering taking them on, and lawyers who have taken non-capital murder cases and are considering taking capital cases.  The seminar, hosted by the Office of the Capital Defender, focuses on issues relevant to both non-capital and capital murder cases.  If you have questions or need additional information, please contact Terry Alford.

Job /Funding Opportunity

The National Juvenile Defender Center (NJDC) is currently seeking a research manager.  The ideal candidate will have at least 5 years of experience, a commitment to advancing improvements in juvenile defense policy and practice, a love of research, writing, and critical thinking, and an eagerness to build a career at the intersection of youth justice and social change.  The selected candidate will be responsible for developing and executing research efforts to advance NJDC’s mission, and strengthening the empirical qualities and evaluating the impact of NJDC’s work on the community.  This position will remain open until filled.  For more information please check here.

The Committee for Public Counsel Services (CPCS) in Massachusetts is currently accepting applications for a Deputy Chief Counsel of the Private Counsel Division, who is a member of the senior management team that develops and implements fiscal, operational, human resource, and legislative policies.  The Private Counsel Division is responsible for delivering legal services to indigent clients through assigned private attorneys in criminal defense trial and post-conviction cases as well as commitment and registration cases for persons convicted of sex offenses.  Applications will be accepted until the position is filled.  For more info please check here.

That sums it up for this week!  The near-future for news in the juvenile defense community is looking good, so check back soon!

OJD Week in Review: July 30 – Aug. 3

Happy Pre-Saturday!  There are no new stories to share for this week, but there are a couple of deadlines in the next couple of days worth noting.

Training

Registration is now open for the 2018 Misdemeanor Defender Training, which will take place at the UNC-Chapel Hill campus from Sept. 18 – 21.  This training, cosponsored by the Office of Indigent Defense Services and the School of Government, will be an introductory program for attorneys who are new to handling misdemeanor cases and will offer 21.5 CLE credit hours, including one hour of ethics/professional responsibility credit and qualifies for criminal law specialization credit.  Attendees can expect sessions that will cover topics such as impaired driving, probation violations, ethical issues in district court, and much more.  The registration deadline will be 5 p.m. on Aug. 30 and the deadline for the hotel block will be Aug. 28.  There will be no onsite registration.  The fee for privately assigned counsel will be $560, but the program will be free for IDS state employees.  There is a new online registration system being used that will require first-time users to create an account, but if any issues should arise, please contact registration@sog.unc.edu/919.966.4414 or check the FAQ page.  For further questions contact either Tanya Jisa or Phil Dixon,Jr.

training toy story

Registration for the 2018 Parent Attorney and Juvenile Defender Conferences closes today at 5 p.m..  The 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.  The conferences are free for IDS state employees but there is a $165 registration fee for privately assigned counsel.  You can register and find further details regarding the Parent Attorney Conference here, or go here for the Juvenile Defender Conference.  For any questions about the conference, please contact Tanya Jisa, or for questions about the course content, please contact Austine Long.

Save the Date!  The Bridging The Gap III Seminar will be in Winston-Salem September 20-21, 2018.  Participants in this seminar will be awarded 10.25 CLE credit hours, including 1.5 credit hours in ethics, professional responsibility and professionalism.  The registration fee is $115.00.  The focus of this seminar will be on client and family relations, and pretrial resolution.  Registration and hotel information will be published in early July.  A block of 40 rooms will be available once the registration is published.  For an attorney to attend he or she must have at least 7 years’ experience.  The “ gap” in Bridging The Gap describes lawyers who have never taken murder cases and are considering taking them on, and lawyers who have taken non-capital murder cases and are considering taking capital cases.  The seminar, hosted by the Office of the Capital Defender, focuses on issues relevant to both non-capital and capital murder cases.  If you have questions or need additional information, please contact Terry Alford.

Job /Funding Opportunity

The Governor’s Crime Commission is soliciting proposals to conduct an assessment study of specific aspects of disproportionate minority contact within the state’s juvenile justice system.  The award will be in the range of $50,000 to $100,000 for a six-month period.  Interested parties can download a copy of the Request for Proposal (RFP) document hereProposals will be accepted until 5 p.m. on Monday, Aug. 6.  For additional information, please check out the GCC website, or if you have questions, contact Lead Juvenile Justice Planner Carlotta Winstead by email or call 919-733-4564.

The National Juvenile Defender Center (NJDC) is currently seeking a research manager.  The ideal candidate will have at least 5 years of experience, a commitment to advancing improvements in juvenile defense policy and practice, a love of research, writing, and critical thinking, and an eagerness to build a career at the intersection of youth justice and social change.  The selected candidate will be responsible for developing and executing research efforts to advance NJDC’s mission, and strengthening the empirical qualities and evaluating the impact of NJDC’s work on the community.  This position will remain open until filled.  For more information please check here.

too-awesome-meme-e1495332925779

The Committee for Public Counsel Services (CPCS) in Massachusetts is currently accepting applications for a Deputy Chief Counsel of the Private Counsel Division, who is a member of the senior management team that develops and implements fiscal, operational, human resource, and legislative policies.  The Private Counsel Division is responsible for delivering legal services to indigent clients through assigned private attorneys in criminal defense trial and post-conviction cases as well as commitment and registration cases for persons convicted of sex offenses.  Applications will be accepted until the position is filled.  For more info please check here.

That is all for this week!  We will have more news in the future, so check back soon.

OJD Week in Review: June 11 – 15

Thanks for joining us once again!  This week there is little new content, but there are several deadlines approaching for CLE training and certificate program applications we want to bring attention to.

We would like to take a moment to recognize Juvenile Defender Eric Zogry for being honored during the 2018 Defenders of Justice Awards for policy and research advocacy.  The ceremony took place last Friday night at the Carolina Club in Chapel Hill.  Zogry was recognized for his years of advocating for the passage of the Raise the Age legislation and leadership in developing policies and performance guidelines for juvenile defense.  The honorees included Executive Director of the N.C. Center on Actual Innocence Christine Mumma, the Honorable Charles L. Becton, and Director of Lumberton’s Seeds of H.O.P.E. Project and Disaster Recovery Center Adrienne Kennedy, among a few others.

For any other attorneys in North Carolina who have received awards or some other honors, please let us know and provide us with a picture of yourself and/or your award so that we can recognize you as well!

Training

Registration for the 2018 Annual Contractor and Assigned Counsel Training will close at 4 p.m. today.   This training is to be held on June 22 from 9 a.m. to 4:30 p.m. at the School of Government in Chapel Hill.  This training, cosponsored by the Office of Indigent Defense Services (IDS) and the School of Government, is open to all IDS contract attorneys who represent defendants in misdemeanor and felony cases and all privately assigned counsel.  Topics will include case law updates, defending habitual felony cases, suppressing evidence in district court, defending domestic violence cases, immigration update and mitigation investigation.  The sponsors have already applied for one CLE credit hour of substance abuse/mental health and five general CLE credit hours.  Lunch will be provided.  To register for this annual training, please visit the page here.  The registration fee is $165.00 and preregistration will be required but space is limited.  For additional info please contact Austine Long or Susan Jensen.

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 Thursday, June 21,  to Sunday, June 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.

The Office of the Juvenile Defender will be hosting a Juvenile Court Basics Training on June 29.  This training will be held at 320 Chestnut Street, Wilmington, N.C. 28401 in the 6th floor training room from 9 a.m. until noon.  Attorneys from all districts are invited to attend.  We hope to see you there!  Other Juvenile Court Basics trainings could be arranged at a district near you in the future!

Save the Date!  The Bridging The Gap III Seminar will be in Winston-Salem September 20-21, 2018.  Participants in this seminar will be awarded 10.25 CLE credit hours, including 1.5 credit hours in ethics, professional responsibility and professionalism.  The registration fee is $115.00.  The focus of this seminar will be on client and family relations, and pretrial resolution.  Registration and hotel information will be published in early July.  A block of 40 rooms will be available once the registration is published.  For an attorney to attend he or she must have at least 7 years’ experience.  The “ gap” in Bridging The Gap describes lawyers who have never taken murder cases and are considering taking them on, and lawyers who have taken non-capital murder cases and are considering taking capital cases.  The seminar, hosted by the Office of the Capital Defender, focuses on issues relevant to both non-capital and capital murder cases.  If you have questions or need additional information, please contact Terry Alford.

23777394-Save-the-date-grunge-rubber-stamp-on-white-vector-illustration-Stock-Vector

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 the next few weeks with a formal announcement and full details.

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.

From Around the Community

Today is the deadline for applications to the Center for Juvenile Justice Reform ‘s  2018 School-Justice Partnerships and Diversion Pathways Certificate Program.  This program will be held Sept. 24 – 28, in Washington, D.C.  This program, held in partnership with the American Institutes for Research and the National Center for Mental Health and Juvenile Justice, will provide an intensive, week-long training to help school and district staff, court professionals, law enforcement, and child-serving leaders address the needs of youth involved in or at risk of entering the juvenile justice system.

Standard registration for the 81st Annual National Council of Juvenile and Family Court Judges Conference is still available until July 2.  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.

81st Annual Conference

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.

Job Opportunity

The Southern Coalition for Social Justice still has an opening for an executive director.   The ideal candidate will have strong organizational, communication, and leadership skills, a demonstrated passion for social and racial justice, and experience in developing successful relationships in diverse communities.  For the full job description, please check the post here, and to apply please send all queries here.

SCSJ

Thank you for checking out this week’s wrap-up.  We plan to have more new content to share in the coming weeks!

OJD Week in Review: June 4 – 8

Happy Friday!  This week there is one job posting, but please ignore the deadlines on the page and send any questions/applications to the provided email.  We also have a few new training opportunities worth checking out, including one hosted by our own office.

Job Opportunity

The Southern Coalition for Social Justice still has an opening for an executive director.   The ideal candidate will have strong organizational, communication, and leadership skills, a demonstrated passion for social and racial justice, and experience in developing successful relationships in diverse communities.  For the full job description, please check the post here, and to apply please send all queries here.

SCSJ

Training

The Office of the Juvenile Defender will be hosting a Juvenile Court Basics Training on June 29.  This training will be held at 320 Chestnut Street, Wilmington, N.C. 28401 in the 6th floor training room from 9 a.m. until noon.  Attorneys from all districts are invited to attend.  We hope to see you there!  Other Juvenile Court Basics trainings could be arranged future at a district near you in the future!

Save the Date!  The Bridging The Gap III Seminar will be in Winston-Salem September 20-21, 2018.  Participants in this seminar will be awarded 10.25 CLE credit hours, including 1.5 credit hours in ethics, professional responsibility and professionalism.  The registration fee is $115.00.  The focus of this seminar will be on client and family relations, and pretrial resolution.  Registration and hotel information will be published in early July.  A block of 40 rooms will be available once the registration is published.  For an attorney to attend he or she must have at least 7 years’ experience.  The “ gap” in Bridging The Gap describes lawyers who have never taken murder cases and are considering taking them on, and lawyers who have taken non-capital murder cases and are considering taking capital cases.  The seminar, hosted by the Office of the Capital Defender, focuses on issues relevant to both non-capital and capital murder cases.  If you have questions or need additional information, please contact Terry Alford.

23777394-Save-the-date-grunge-rubber-stamp-on-white-vector-illustration-Stock-Vector

The deadline to register for the 2018 Annual Contractor and Assigned Counsel Training will be 4 p.m. next Friday, June 15.   This training is to be held on June 22 from 9 a.m. to 4:30 p.m. at the School of Government in Chapel Hill.  This training, cosponsored by the Office of Indigent Defense Services (IDS) and the School of Government, is open to all IDS contract attorneys who represent defendants in misdemeanor and felony cases and all privately assigned counsel.  Topics will include case law updates, defending habitual felony cases, suppressing evidence in district court, defending domestic violence cases, immigration update and mitigation investigation.  The sponsors have already applied for one CLE credit hour of substance abuse/mental health and five general CLE credit hours.  Lunch will be provided.  To register for this annual training, please visit the page here.  The registration fee is $165.00 and preregistration will be required but space is limited.  For additional info please contact Austine Long or Susan Jensen.

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.

wvpviw

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.

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.

From Around the Community

Early bird registration for the 81st Annual National Council of Juvenile and Family Court Judges Conference ends today.  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.

81st Annual Conference

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.

The Center for Juvenile Justice Reform has released a request for applications for the 2018 School-Justice Partnerships and Diversion Pathways Certificate Program to be held Sept. 24 – 28, in Washington, D.C.  This program, held in partnership with the American Institutes for Research and the National Center for Mental Health and Juvenile Justice, will provide an intensive, week-long training to help school and district staff, court professionals, law enforcement, and child-serving leaders address the needs of youth involved in or at risk of entering the juvenile justice system.  The deadline for applications will be June 15.

Thank you for making it to the end of this week’s wrap-up.  We will bring more in the coming weeks!

Advising Juveniles of the Consequences of Sexting by Guest Blogger Lama Sinno

lama-headshot-e1487969740879.jpg

I tell my colleagues on a weekly basis that I am so glad that I grew up in the pre-smartphone era.  There is no telling how much trouble I would have gotten into if I had access to as much technology as our youth do today.  Raging hormones, impulsivity and the angst of just being a teenager coupled with a smartphone is a recipe for disaster.  Imagine your younger self and the pictures, memes and uncensored opinions you could have shared with the world via Facebook, Instagram, Kik, WhatsApp and Snapchat.  I realize as I type this that some of you reading this did have smartphones when you were teenagers…  So forgive me for sounding like your Grandma.  This piece really should be called “What Your Grandma Would Tell You About Using Your Smartphone”.  I think she would say, “Put that phone away!” and “Why would you take a naked picture of yourself!”.  It is becoming a regular occurrence to see a teenager charged for obtaining or sharing nude photos.  It is ridiculously easy to share these photos, which can then be saved or forwarded to someone else or posted on someone’s social media account.

North Carolina does not have a specific “sexting” law as some other States do.  North Carolina prosecutes sexting, for the most part, under pornography statutes.  It is a crime in North Carolina to share inappropriate, or obscene, photos.  We can agree that everyone has their own definition of what is inappropriate or obscene.  The State of North Carolina defines obscenity in NCGS § 14-190.1(b) as material which:

(1) depicts or describes in a patently offensive way sexual conduct specifically defined by subsection (c) of this section; and

(2) The average person applying contemporary community standards relating to the depiction or description of sexual matters would find that the material taken as a whole appeals to the prurient interest in sex; and

(3) lacks serious literary, artistic, political, or scientific value; and

(4) as used, is not protected or privileged under the Constitution of the United States or the Constitution of North Carolina.

Sexual Conduct, referenced in subsection (1) above, is defined in NCGS § 14-190.1(c) as:

(1) Vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted; or

(2) Masturbation, excretory functions, or lewd exhibition of uncovered genitals; or

(3) An act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a nude person or a person clad in undergarments or in revealing or bizarre costume.

The dissemination of obscenity is unlawful and is a Class I felony.  How do we judge obscenity?  Subsection (d) gives us some guidance:

(d) Obscenity shall be judged with reference to ordinary adults except that it shall be judged with reference to children or other especially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be especially designed for or directed to such children or audiences. NCGS § 14-190.1(d).

I have used this section to mitigate the seriousness of sexting to prosecutors- who is the audience for these photos and are these just kids flirting with each other?  I advise my clients- If you wouldn’t want your Grandma to see it, don’t share it!

In addition to prosecution under the obscenity statute described above, I am regularly seeing charges under NCGS §14-190.5A, Disclosure of Private Images, also known as the Revenge Porn Statute.  This is a new statute, enacted in 2015, which applies when parties are in a personal relationship.  Personal relationship is defined in NCGS §50B-1(b), and includes persons of the opposite sex who are or have been in a dating relationship.  The statute also defines dating relationship as one in which “the parties are romantically involved over time and on a continuous basis during the course of the relationship,” but does not include casual acquaintances or ordinary fraternization between people in a social or business setting.  NCGS §50B-1(b).  In my opinion, the definition leaves a lot of room open for argument as to whether your client was in such a relationship.

A person is guilty of disclosure of private images if all of the following apply:

(1) The person knowingly discloses an image of another person with the intent to do either of the following:

  1. Coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.
  2. Cause others to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.

(2) The depicted person is identifiable from the disclosed image itself or information offered in connection with the image.

(3) The depicted person’s intimate parts are exposed or the depicted person is engaged in sexual conduct in the disclosed image.

(4) The person discloses the image without the affirmative consent of the depicted person.

(5) The person discloses the image under circumstances such that the person knew or should have known that the depicted person had a reasonable expectation of privacy.  NCGS §14-190.5A(b)

The statute defines reasonable expectation of privacy in NCGS §14-190.5A(a)(5) as when the depicted person consented to the disclosure of the image with in the context of the personal relationship and reasonably believes the disclosure will not go beyond that relationship.  Is it ever reasonable to believe that images on a smartphone will be kept private?  Maybe.  But maybe we should advise our clients that there’s no guarantee of that.  Please advise your clients to permanently delete any inappropriate or obscene photos or videos of their former significant others/ dating partners/ love interests.  Under no circumstances should these private images be shared with anyone else.  Getting even with your former flame can get you a felony conviction.  In juvenile court, it will likely get you probation and sex offender specific counseling.

An important note for Juvenile Defenders- the statute treats offenders under the age of 18 more leniently- the first offense is a Class 1 misdemeanor.  A second or subsequent offense, however, is a Class H felony.  NCGS §14-190.5A(c).

A recent case of mine involved a client who positioned his smartphone so as to snap a photo under his teacher’s skirt as she walked by.  The photo was sent to two other boys and a parent reported it to school authorities.  This young man, who had just turned 18, was a straight “A” student and had no experience with the court system.  He was charged with the Class I Felony of Peeping- Secretly Using A Photographic Imaging Device to View Another’s Body or Undergarments, NCGS §14-202(e).  More concerning is that he was also subject to sex offender registration with a conviction under this statute.  Luckily, while the behavior was completely inappropriate, the photo was not too revealing and the teacher was on board with a conditional discharge for this young man.  He was very fortunate that the prosecutor considered his youth and his reckless use of his smartphone.

Another local case involved two 16 year olds who consensually engaged in oral sex while filming the act.  The act depicted the female performing fellatio on the male.  The female appeared to be aware that the activity was being filmed.  The app Periscope, associated with Twitter, was used to film the activity.  So it was basically a live streaming movie.  The male was charged with First Degree Sexual Exploitation of a Minor, NCGS §14-190.16, a Class C felony, which carries a mandatory active sentence and sex offender registration.  The female was not charged.  I don’t agree with either charging decision.  However, it is clear that a situation in which acts are streamed live are subject to more serious charges.  Luckily, the case was resolved via a conditional discharge.  The link below describes a few popular live- streaming apps, for your information.

http://www.practicalecommerce.com/articles/122843-12-Apps-for-Live-streaming-Video

 So, what would your Grandma tell you about using your smartphone:

  1. Put that phone away!
  2. Respect other people’s privacy.
  3. Don’t take or send naked photos of yourself or anyone else.
  4. Do not video or live stream sexual acts.
  5. Anything you put on the internet can be saved, downloaded or “screenshot”. Don’t be naïve enough to believe that it will disappear.

In all seriousness though, I believe young people today are under so much more pressure socially due to the prevalence of social media and the constant sea of cameras ready to record anything with one click.  It makes me wonder if we as practitioners should advise juveniles and their parents to stay off of social media sites altogether and severely restrict smartphone usage.  But then again, that sounds like something your Grandma would say, “You and your internets!”

For more information on this topic, visit the UNC School of Government’s Criminal Law Blog, and check out the posts by Professor Latoya Powell.

In Johnston County, Lama Sinno is the new juvenile delinquency contractor, joining current contractor Aleta Ballard.  Lama grew up in Durham, North Carolina and obtained her undergraduate degree from UNC Chapel Hill in 1995.  She obtained her law degree from Campbell University in 2001.  Lama has been in private practice in Johnston County since October 2003.  She practices criminal law, represents parents and juveniles in juvenile proceedings and represents injured workers in workers compensation claims.  She lives in Clayton, North Carolina with her husband and daughter, who are also avid Tarheel fans.  She can be reached at lama.a.sinno@gmail.com, or via Facebook and LinkedIn.