OJD Week in Review: July 15 – 19

Hello again and another good Friday to you all!  This week there is a new tip and just the single training reminder.  Content for the end of the week may still be light, but 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!

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Tip of the Week – Searches Not on School Property

While an earlier tip referred to searches on school property as involving a lower standard, searches of juveniles not on school property are governed by a “reasonable juvenile standard.”  Specifically, In the matter of I.R.T., 184 N.C. App. 579, 647 S.E.2d 129 (2007) held that the age of a juvenile is a relevant factor in determining whether a reasonable person would feel free to leave upon being stopped by law enforcement.

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.

Here we end this Week in Review.  We wish you a safe and relaxing weekend and we will bring you more news from the N.C. juvenile defense community next Friday!

OJD Week in Review: July 8 – 12

Hello again!  This week there is a new tip and just the single training reminder.  Please make sure to subscribe to the OJD blog and follow our OJD Twitter and Facebook pages as well to get updates, relevant articles, and other juvenile defense-related content throughout the week!

Tip of the Week – Getting Rid of Those Shackles

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

Training

Registration is now open for the 2019 Parent Attorney and Juvenile Defender conferences.  The Parent Attorney Conference will be held Thursday, Aug. 8 and the Juvenile Defender Conference will be held Friday, Aug. 9, and both would begin at 8:30 a.m. each day.  Both conferences, cosponsored by the School of Government and the Office of Indigent Defense Services, will be held at the School of Government on the UNC-Chapel Hill campus, and offer approximately six hours of CLE credit.  The Parent Attorney Conference provides training for attorneys, who represent parents in abuse, neglect, dependency, and termination of parental rights proceedings.  The Juvenile Defender Conference provides training for attorneys who represent children in delinquency proceedings.  Please feel free to download the Juvenile Defender Conference agenda here and the Parent Attorney Conference agenda here.  If you have any questions, please contact Program Manager Kate Jennings, or if you have questions about the course content, please contact Program Attorney Austine Long.

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

OJD Week in Review: June 17 – 21

Greetings and happy Friday!  This week there is a new tip, a case law update, and the normal reminders.  And because July 2 is rapidly approaching, please note there is still time 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!

Case Law Update

Back in January of this year, the Court of Appeals filed an opinion, In the Matter of E.M.  The decision on the case had been stayed pending the State’s petition for discretionary review, which was denied last Friday.  Please be advised that based on this new case law, when faced with any amount of evidence of mental health/developmental disabilities/substance abuse, the trial court has a statutory duty to refer a juvenile to the area mental health services director for a multidisciplinary evaluation.  To review the opinion, please check our Case Summaries List here.  This case can be found in section 15 – Dispositions: Sentencing.

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Tip of the Week – Was the Petition Properly Amended

The court may permit an amendment to the petition when it does not change the nature of the offense charged (N.C.G.S. §7B-2400).  When the amendment changes the nature of the offense, it is a jurisdictional issue that cannot be waived.  So, if you agree to admit to a charge that is not a lesser included offense, the prosecutor needs to dismiss the original petition and file a new petition with the agreed upon new offense.  This doesn’t have to be complicated and can happen in court.  Make sure the court counselor signs and approves the new petition for filing and then you can waive notice and proceed with the admission to the new agreed upon offense.

Job and Fellowship Opportunities

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

The deadline for online registration of the 2019 Defender Trial School is Tuesday, June 25.  This event, cosponsored by the School of Government and the North Carolina Office of Indigent Defense Services, 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.

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That ends our end-of-week report.  Please make sure to subscribe to the OJD blog if you haven’t already and head over to our OJD Twitter and Facebook pages as well to get updates, relevant articles, and other juvenile defense-related content throughout the week!

OJD Week in Review: June 10 – 14

new ids logoAnother welcome end to the week!  This week there is a new post to share from the On the Civil Side blog, a new tip, a new job post, a training update, and the normal reminders.  We would also like to mention that the Office of Indigent Defense Services has now joined the social media scene, so please be sure to follow them on Facebook, Twitter, and YouTube!  Also, please make sure to subscribe to the OJD blog if you haven’t already and head over to our OJD Twitter and Facebook pages as well to get updates, relevant articles, and other juvenile defense-related content throughout the week!

Tip of the Week – Was Your Client Properly Served?

N.C.G.S. §7B-1805 requires that both the juvenile and the parent be personally served.  It is not permissible for the juvenile’s summons to be given to the parent or another person.  If your client does not appear in court, make sure to check the court file for proper service.  If your client was not personally served (i.e. the parent is in court and was served with your client’s summons) advocate that the juvenile not be found to be responsible for failing to appear in court and request that the judge not enter a secure custody order because the juvenile was not properly served.

From Around the Community

From the On the Civil Side blog, Sara DePasquale has a new article announcing the new juvenile law bulletin on the UNC School of Government website.  In her post, titled “Extra!  Extra! Read All About it!  New Juvenile Law Bulletin – Delinquency and DSS Custody without Abuse, Neglect, or Dependency: How Does that Work?”, she discusses how a juvenile may end up in a county’s child welfare department and offers details and recommendations for how the new juvenile law bulletin can aid attorneys.  To view the blog post, please go here, or to go directly to the page to download the bulletin, check it out here.

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Job and Fellowship Opportunities

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

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

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

That’s all we have for now.  And until the close of applications on July 2, we want to remind attorneys who have not got involved and started specializing yet to please visit the N.C. State Bar Legal Specialization page and get your paperwork in to become an N.C. State Bar-certified juvenile defender!  We would love for you to join our N.C. juvenile defender family!  Enjoy weekend.

OJD Week in Review: Mar. 4 – 8

Welcome back!  This week we’re bringing attention to an update on our “Materials” page, a new tip, a fellowship opportunity, and training announcements.

Tip of the Week – Was Your Client’s Parent Present?

Any juvenile under the age of 16 must have a parent present for any in-custody interview. Any statement made without the parent’s presence is not admissible into evidence (§7B-2101(b)). Remember – “in-custody” is an objective test and uses the “reasonable juvenile” standard!

New Resource

We have updated our case summaries list, including new cases such as In re E.M. and In re B.B. and removing the broken links for all cases that took place prior to 2006.  Please feel free to download and review these cases as needed here.  If you find any issue with the document or its links, please contact our office.

Fellowship Opportunity

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

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.

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.

That will be all for now, folks!  Please check us out on OJD’s Twitter and Facebook for posts throughout the week.

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: 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.

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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.

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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.