Forms and Motions Update

We have recently 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.

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OJD Week in Review: May 27 – 31

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

Tip of the Week – Building Trust

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

Job and Fellowship Opportunities

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

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

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

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Training

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

Please save the dates for the 2019 Parent Attorney and Juvenile Defender conferences.  The Parent Attorney Conference will be held Thursday, Aug. 8 and the Juvenile Defender Conference will be held Friday, Aug. 9.  Both conferences, cosponsored by the School of Government and the Office of Indigent Defense Services, will be held at the School of Government on the UNC-Chapel Hill campus, and offer approximately six hours of CLE credit.  The Parent Attorney Conference provides training for attorneys, who represent parents in abuse, neglect, dependency, and termination of parental rights proceedings.  The Juvenile Defender Conference provides training for attorneys who represent children in delinquency proceedings.  If you have any questions, please contact Program Manager Kate Jennings, or if you have questions about the course content, please contact Program Attorney Austine Long.

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

The Center for Juvenile Justice Reform (CJJR)‘s Youth in Custody Certificate Program will be held July 22 – 26 at Georgetown University in partnership with Council of Juvenile Correctional Administrators.  This training is designed to help juvenile justice system leaders and partners improve outcomes for youth in custodial settings, covering critical areas including racial and ethnic disparities, family engagement, assessment, case planning, facility-based education and treatment services, reentry planning and support, and culture change.

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

OJD Week in Review: Feb. 11 – 15

Happy Friday.  This week we’ve got a new tip, but mostly deadline reminders.  Quite a few deadlines happening today actually…

Tip of the Week – Can I Ask for a Prosecutorial Deferral

Yes!  Prosecutors may dismiss a case with or without leave.  Note that AOC-J-430 provides space for conditions or other agreements in exchange for the dismissal.

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Job Opportunities

Today is the last day to apply for the National Center for State Courts (NCSC)‘s Principal Court Management Consultant position.  This position 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.

Today will be the last day for electronic offers for the Office of Indigent Defense Services‘ Request for Proposals 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.  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 should be notified regarding acceptance by today.

The Office of the Juvenile Defender will be hosting a Juvenile Court Basics CLE on 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.

From Around the Community

JLWOP PanelOn Monday, Feb. 11, at the Duke Law Building, Duke Law School Professor Brandon L. Garrett and the Duke Criminal Law Society presented their newest study, “Juvenile Life Without Parole in North Carolina”.  Along with a great panel, which included  Assistant Appellate Defender David AndrewsN.C. Prisoner Legal Services Staff Attorney Ben Finholt, and N.C. State Representative Pricey Harrison, the presentation engaged and enlightened the audience about the misuse of juvenile life without parole in N.C.  Garrett was awarded a grant from the Charles Koch Foundation to study evidence to inform criminal justice policy.  Through his research, Garrett prepared the report now available here.  To read our coverage of the event, please check out our blog post here.

And that is the end of the line for this week.  Please check us out on OJD’s Twitter and Facebook for posts throughout the week.

Duke Law Hosts JLWOP Panel

JLWOP Panel

On Monday, Feb. 11, the Duke Criminal Law Society and Duke Law Professor Brandon L. Garrett (pictured speaking at the lectern stand on the right) hosted a panel discussion regarding their newest study, “Juvenile Life Without Parole in North Carolina.”  The panel featured (seated from left to right) David Andrews of the Office of Appellate DefenderBen Finholt of N.C. Prisoner Legal Services,  and N.C. State Representative Pricey Harrison.

The event opened with an introduction of the panel by Garrett, before panelists presented their own perspectives on the issue of juvenile life without parole (JLWOP) and the study released by Garrett and his colleagues.

Harrison emphasized the negative economic impact JLWOP has on N.C.  She reinforced the argument that juveniles could contribute much more to society if given the opportunity to get an education and job, rather than being held in a facility on hundreds of thousands of taxpayer dollars for a lifetime.

Finholt pointed out the State’s abuse of JLWOP.  “So far, as far as we know with the data we have, there has not been a single JLWOP resentencing hearing where the option of LWOP was on the table and the State has consented to taking it off the table,” he said.  “In every single resentencing hearing where LWOP is an option, the State has sought LWOP.  Every single time.  And I don’t think that matches what the U.S. Supreme Court has told us is supposed to happen in Roper, Graham, Miller, Montgomery.  I think in the whole line, it’s pretty clear that this should be rare.  This should only be used in exceptionally bad circumstances, and I think that is generally the way it has not been handled.”

Andrews also touched on Miller and its implications, disproportionate minority contact, and reform.

“When we talk about juvenile life without parole, we are talking about Miller v. Alabama,” Andrews said.  “What I love about this report that we have now, from Professor Garrett and all the other authors, is that it gives us perspective…  What’s interesting to me is that there is a disproportionate impact that this sentence has on race.  Children of color, these are the individuals who get LWOP.  There is a disproportionate impact on children of color.  We also know from the report that once a county imposes JLWOP, it is more likely to impose that sentence again.  It becomes entrenched.”

Andrews said from the perspective of trial attorneys dealing with JLWOP cases, they should pursue school records, interviews with family members, DSS records, and experts in fields such as adolescent brain science to dissuade a judge from sentencing a child to LWOP.

Andrews posed the question that really hit the core of the issue at hand, asking “Do we really want to sentence kids to die in prison?”

After every panelist had the opportunity to speak and before engaging in a question and answer session with members of the audience, Garrett reiterated the issue.  He pointed out that in the study, one-third of the individuals sentenced to LWOP were not the killers or had no intent to kill, but were convicted under a felony murder theory.

In response to one question about the discussions between legislators regarding juvenile justice, Harrison stated, “There are legislators who are considering continued reforms.  I know that many of us felt like Raise the Age… was an important first step and it took us nearly 15 years to really get on that.  It still needs work and I think that there are legislators interested in that and other juvenile justice issues…  There’s a lot going on.  It’s a different climate right now, but it is a little more conducive to making some of these improvements.”

In regards to Raise the Age and the impact he thought this study could potentially have on possible reforms going forward, Garrett said, “To kind of fix that you need to solve this juvenile life without parole problem.  In some ways it’s about the past.  And I think fixing that problem is a money-saver, but also highlights this moral issue that there should be a possibility of redemption, of rehabilitation for all juvenile sentences…  In some ways it’s a completely different question to Raise the Age.  It’s not about adult court versus juvenile court.  It’s just that there should be meaningful review for long juvenile sentences, no matter what the circumstances.  I think that it’s just a sensible position for the State to have.  It’s the right moral position, it follows the science of juvenile brain development, and it’s not inflexible.”

Garrett stated that the JLWOP study was just one of the projects he and his students were working on, including a traffic court study, parole, and non-juvenile life without parole.  He said this just happened to be one of the first they presented publicly.  To read the report and more from Duke Law’s JustScience Lab, please go here.

OJD Week in Review: Oct. 29 – Nov. 2

It’s the first Friday of November and it is gradually getting quieter in juvenile defense community…

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Job Opportunities

Applications for the Office of the Appellate Defender (OAD)‘s entry-level assistant appellate defender position will be closing at 5 p.m. on Sunday, Nov. 4.  The ideal candidate will have the ability to analyze facts, accept advice and learn from assigned mentors, identify relevant law, apply facts and communicate complex legal concepts effectively, and treat clients with respect.  For the full job description and to apply, please visit here.

The Committee for Public Counsel Services (CPCS), the Massachusetts public defender agency, is currently seeking a director for its newly created Strategic Litigation Unit.  The Strategic Litigation Unit will be responsible for litigation aimed at achieving systemic and institutional reform in all of CPCS’s criminal and civil practice areas.  The Strategic Litigation Director will lead those efforts and will work with other attorneys, advocacy organizations, and clients to promote justice for and protect the rights of individuals who are parties in criminal and civil right-to-counsel proceedings.  The director’s responsibilities will include criminal and civil litigation and administrative advocacy.  Litigation will include both trial and appellate advocacy in state and federal court.  Depending upon the matter at issue, the director may serve as lead counsel, co-counsel, consultant, amicus curiae, or provide technical support.  The position will be posted until filled; preference will be given to candidates who apply prior to November 26, 2018.  To find further information and to apply, please visit here.

Training

On Dec. 7, from 1:30 p.m. to 3:00 p.m., the UNC School of Government will be hosting the 2018 Winter Criminal Law Update.  This webinar will cover recent criminal law decisions issued by the North Carolina appellate courts and U.S. Supreme Court and will highlight significant criminal law legislation enacted by the North Carolina General Assembly.  School of Government criminal law experts Shea Denning and Phil Dixon Jr. will discuss a wide range of issues affecting felony and misdemeanor cases in the North Carolina state courts.  Participants will receive 1.5 hours of general CLE credit and this qualifies for NC State Bar criminal law specialization credit.  All public defenders, private attorneys who handle or are interested in pursuing indigent criminal defense work, and other court personnel who handle criminal cases are invited.  The registration fee for private assigned counsel, contract attorneys, and other non-IDS employees is $75.00.  There is no registration fee for IDS state employees.   Please visit here to register online and find additional information about the webinar.  Pre-registration is required; the deadline is 5:00 p.m., Wednesday, December 5.  As it is a live broadcast, the webinar is NOT subject to the State Bar’s 6-hour per year credit limit for computer-based CLE.  For more info, please contact Tanya Jisa, Program Manager, jisa@sog.unc.edu or 919.843.8981.

Have a great weekend and check back again next week for more news, features, and tips!

OJD Week in Review: Oct. 22 – 26

Thanks for joining us again this Friday.  This week we just have training reminders and a single job post to share.

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Job Opportunities

The Office of the Appellate Defender (OAD) is seeking an entry-level assistant appellate defender.  The ideal candidate will have the ability to analyze facts, accept advice and learn from assigned mentors, identify relevant law, apply facts and communicate complex legal concepts effectively, and treat clients with respect.  Applications for this position will be accepted until 5 p.m. on Sunday, Nov. 4.  For the full job description and to apply, please visit here.

Training

On Tuesday, Oct. 30, from 2 – 5 p.m., OJD will be hosting a Juvenile Court Basics CLE at the Surry County Courthouse.  There are 3 CLE credit hours pending for this training.  There is no need to RSVP and all are welcome to attend.  Please contact our office if you have any questions.

The registration deadline for the UNC School of Government‘s Back to School CLE will be Wednesday, Oct. 31.  This event will be hosted on Nov. 16, from 8:45 a.m. – 5 p.m.  The training offers 6.25 hours of CLE credit, including an hour of ethics and an optional hour of substance abuse credit.  Topics will include civil and criminal case law and legislative updates, the opioid epidemic, and a review and preview of the U.S. Supreme Court.  Registration will be $300.  Lunch will be provided.  To register please visit the UNC SOG site here.

On Dec. 7, from 1:30 p.m. to 3:00 p.m., the UNC School of Government will be hosting the 2018 Winter Criminal Law Update.  This webinar will cover recent criminal law decisions issued by the North Carolina appellate courts and U.S. Supreme Court and will highlight significant criminal law legislation enacted by the North Carolina General Assembly.  School of Government criminal law experts Shea Denning and Phil Dixon Jr. will discuss a wide range of issues affecting felony and misdemeanor cases in the North Carolina state courts.  Participants will receive 1.5 hours of general CLE credit and this qualifies for NC State Bar criminal law specialization credit.  All public defenders, private attorneys who handle or are interested in pursuing indigent criminal defense work, and other court personnel who handle criminal cases are invited.  The registration fee for private assigned counsel, contract attorneys, and other non-IDS employees is $75.00.  There is no registration fee for IDS state employees.   Please visit here to register online and find additional information about the webinar.  Pre-registration is required; the deadline is 5:00 p.m., Wednesday, December 5.  As it is a live broadcast, the webinar is NOT subject to the State Bar’s 6-hour per year credit limit for computer-based CLE.  For more info, please contact Tanya Jisa, Program Manager, jisa@sog.unc.edu or 919.843.8981.

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That is all for now.  News may slow down as we get closer to the holiday season, but we will continue to share what comes.  Check back again next week and have a great weekend!

OJD Week in Review: Oct. 15 – 19

Welcome to another Friday and another blog post!  This week there are some new job opportunities, a new resource and some training opportunities approaching quickly.

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Job Opportunities

The Citizens for Juvenile Justice (CFJJ) in Massachusetts will be accepting applications for a new executive director until Monday, Oct. 22.  The selected candidate will be responsible for fundraising, meeting with stakeholders, representing CFJJ to the public, managing overall operations and communicating with the Board.  For the full description please view here.

The Office of the Appellate Defender (OAD) is seeking an entry-level assistant appellate defender.  The ideal candidate will have the ability to analyze facts, accept advice and learn from assigned mentors, identify relevant law, apply facts and communicate complex legal concepts effectively, and treat clients with respect.  Applications for this position will be accepted until 5 p.m. on Nov. 4.  For the full job description and to apply, please visit here.

Training

On Oct. 30, from 2 – 5 p.m., OJD will be hosting a Juvenile Court Basics CLE at the Surry County Courthouse.  There are 3 CLE credit hours pending for this training.  There is no need to RSVP and all are welcome to attend.  Please contact our office if you have any questions.

On Nov. 16, the UNC School of Government will be hosting a Back to School CLE from 8:45 a.m. to 5 p.m.  The training offers 6.25 hours of CLE credit, including an hour of ethics and an optional hour of substance abuse credit.  Topics will include civil and criminal case law and legislative updates, the opioid epidemic, and a review and preview of the U.S. Supreme Court.  Registration will be $300 and the deadline to register will be Oct. 31.  Lunch will be provided.  To register please visit the UNC SOG site here.

New Resources

PEW Charitable Trusts has recently released Juveniles in Custody for Noncriminal Acts, an interactive data visualization tool that shows a state-by-state breakdown of youth who are detained due to probation violations and status offenses.  This interactive tool uses data on the confinement of youth in each state by percentage, number, and rate per 100,000 youth.  You can access the tool here.

That covers everything for this week.  Be sure to check out our Facebook page and follow us on Twitter for other content and N.C. juvenile defenders can contact us to be added to our listserv as well.  Have a great weekend!

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