OJD Week in Review: June 3 – 7

Happy Friday once again!  This week there are the normal reminders along with a new tip and one other announcement….

Monique WilliamsIntroducing…

We are proud to officially introduce the newest member of the OJD team, Project Attorney Monique Williams.  Coming from the Pitt County Public Defender Office, Monique joined the OJD team earlier this year to help facilitate OJD’s State Enhancement Program.  As project attorney, she has collaborated with the National Juvenile Defender Center to coordinate our recent Juvenile Training Immersion Program training, completed extensive investigations of juvenile courts in multiple counties, collected data, and devised new training to prepare N.C. juvenile defenders for the full implementation of Raise the Age.  Please welcome Monique and check out her bio on our website here.

 

Tip of the Week – Intake and Non-divertible

Did you know that if your client is accused of a non-divertible offense, then the juvenile court counselor is not supposed to conduct an intake interview? N.C.G.S. §7B-1701 states that once it has been determined that the complaint meets legal sufficiency and there are reasonable grounds to believe the juvenile has committed the offense, “[T]he juvenile court counselor, without further inquiry, shall authorize the complaint to be filed as a petition.” Non-divertible offenses include:

  • murder,
  • 1st or 2nd degree rape,
  • 1st or 2nd degree sex offense,
  • Arson,
  • Chapter 90 offenses that would be a felony if committed by an adult,
  • 1st degree burglary,
  • Crime against Nature; or
  • Any felony involving willful infliction of serious bodily injury or was committed by use of a deadly weapon.

This means that the court counselor should not be meeting with your client, recommending any evaluations (especially sex offender specific evaluations) prior to the approval and filing of the petitions.

Job and Fellowship Opportunities

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.

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.

i-love-training-trainings-my-favorite

That closes this week.  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.  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.  Enjoy weekend.

OJD Week in Review: Jan. 7 – 11

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

Tip of the Week – No Cookie-Cutter Dispositions!

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

Job Opportunities

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

On Dec. 1, Indigent Defense Services (IDS) issued a Request for Proposals (RFP) in Caswell, Person, Alamance, Orange, and Chatham counties.  The current contracts for adult noncapital criminal cases at the trial level and per session court cases in those districts will expire on May 31, 2019 and renew on June 1, 2019.  The RFP (RFP #16-0002R) seeks services for adult noncapital criminal cases at the trial level, juvenile delinquency, abuse/neglect/dependency and termination of parental rights, and treatment courts.  Please note that the RFP will not seek offers for potentially capital cases at the trial level, direct appeals or post-conviction cases.  Also, the juvenile delinquency RFP will only include Caswell, Alamance, and Person counties.  The deadline for electronic offers is Feb. 15.  To access the RFP, please check here.

Training

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

every-day-is-training-day

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

First JJAC Meeting of 2019

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

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

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

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

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

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

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

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

New Resources

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

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

Job Opportunity Reminder: Last Day to Apply for Project Attorney Position

Today is the last day to apply for the Project Attorney position posted by Indigent Defense Services.  This is a full-time, two-year contract position with the Office of the Juvenile Defender (OJD).  This is a federal grant-funded position meant to improve the training capabilities of OJD and prepare juvenile defense attorneys for the changes that will result from the Raise the Age legislation.  The Project Attorney’s duties will include planning and oversight of juvenile defense training statewide and recruitment of local trainers.  The selected candidate will report to the Juvenile Defender and IDS Contract Administrator.  The ideal candidate will have a minimum of three years of juvenile defense or appellate court experience, will be able to travel statewide, and possess experience in educating/training of professionals.  Applications will be accepted until 5 p.m. today.  For more information about the position and to apply, please check the post here.

OJD Week in Review: Nov. 26 – 30

Salutations and happy Friday to all!  This week we’ve got a decent haul of fresh updates and reminders for upcoming deadlines.  Of course, in the holiday season things will eventually slow down again, but we’ve got other content planned before the end of the year for you…

Job Opportunities

The Office of Indigent Defense Services (IDS) is currently seeking a full-time Project Attorney for a two-year contract position with the Office of the Juvenile Defender (OJD).  This is a federal grant-funded position meant to improve the training capabilities of OJD and prepare juvenile defense attorneys for the changes that will result from the Raise the Age legislation.  The Project Attorney’s duties will include planning and oversight of juvenile defense training statewide and recruitment of local trainers.  The selected candidate will report to the Juvenile Defender and IDS Contract Administrator.  The ideal candidate will have a minimum of three years of juvenile defense or appellate court experience, will be able to travel statewide, and possess experience in educating/training of professionals.  Applications will be accepted until Monday, Dec. 3, 2018.  For more information about the position, please check the post here.

IGotTheJob

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.  To find further information and to apply, please visit here.

Bay Area Legal Aid is currently seeking a Youth Justice Staff Attorney who will provide civil legal services designed to meet the individualized needs of delinquency-involved youth, with a particular focus on SSI cases for children with disabilities.  This position is based out of Alameda County, CA, but the position may include travel throughout the Bay Area.  The Youth Justice Attorney’s responsibilities include client interviews, negotiations with governmental agencies/opposing parties, research and writing, and representation at administrative and court proceedings.  The attorney is also expected to engage in outreach with probation, social services, law enforcement, youth service providers, and other community organizations.  Beyond SSI cases, the position may also include a smaller, mixed caseload in areas such as special education, health access, public benefits (e.g. foster care benefits, CalWORKs, and General Assistance), legal permanency, housing, and other work.  Clients served by this project experience high rates of sexual exploitation, abuse and neglect, and mental health-related issues which the attorney will be expected to navigated in providing legal assistance.  Review of applications will begin immediately and continue on a rolling basis, but applicants are encouraged to apply as soon as possible.  For a full description of the job responsibilities and the application process, please check here.

From Around the Community

From the On the Civil Side blog, Professor Jacquelyn Greene discusses delinquency dispositional orders.  In this blog, Greene breaks down what factors need to be considered when deciding dispositional orders for juveniles.  You can read the full blog post here.

From the creators of the weekly public radio program This American Life, a spinoff podcast called Serial has an episode focused on youth at an Ohio juvenile correctional facility.  You can listen to the podcast here.  (Shout-out to David Andrews for bringing this piece to our attention!)

Training

i-love-training-trainings-my-favorite

From March 25- 29, 2019, at the Georgetown University Hotel and Conference Center the Center for Juvenile Justice Reform (CJJR) will be hosting the Reducing Racial and Ethnic Disparities in Juvenile Justice Certificate Program.  This is an intensive training  hosted in partnership with the Center for Children’s Law and Policy (CCLP) and designed to support local jurisdictions in their efforts to reduce racial and ethnic disparities in their juvenile justice systems.   The training will allow participants to develop and implement a Capstone Project designed to reduce the disparate treatment in their communities.  CJJR will only accept a limited number of applicants, so please visit the website to view the curriculum and learn how to apply to the training.  Applications will be accepted through December 14, 2018.  For more information, please visit the training website.

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 webinar.  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. on 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 Program Manager Tanya Jisa or call 919.843.8981.

That will be all for now.  If you have any articles, videos, or podcasts from around the community or even something personal related to juvenile justice that you would like to submit, please feel free to reach out!  We’re always happy to see more engagement and have more collaboration!  Until next time, enjoy the weekend!

 

Job Opening: Project Attorney for OJD

The Office of Indigent Defense Services (IDS) is currently seeking a full-time Project Attorney for a two-year contract position with the Office of the Juvenile Defender (OJD).  This is a federal grant-funded position meant to improve the training capabilities of OJD and prepare juvenile defense attorneys for the changes that will result from the Raise the Age legislation.  The Project Attorney’s duties will include planning and oversight of juvenile defense training statewide and recruitment of local trainers.  The selected candidate will report to the Juvenile Defender and IDS Contract Administrator.

The ideal candidate will have a minimum of three years of juvenile defense or appellate court experience, will be able to travel statewide, and possess experience in educating/training of professionals.  Applications will be accepted until Monday, Dec. 3.  For more information about the position, please check the post here.

Job Opening: Project Attorney for OJD

The Office of Indigent Defense Services (IDS) is currently seeking a full-time Project Attorney for a two-year contract position with the Office of the Juvenile Defender (OJD).  This is a federal grant-funded position meant to improve the training capabilities of OJD and prepare juvenile defense attorneys for the changes that will result from the Raise the Age legislation.  The Project Attorney’s duties will include planning and oversight of juvenile defense training statewide and recruitment of local trainers.  The selected candidate will report to the Juvenile Defender and IDS Contract Administrator.

The ideal candidate will have a minimum of three years of juvenile defense or appellate court experience, will be able to travel statewide, and possess experience in educating/training of professionals.  Applications will be accepted until Dec. 3, 2018.  For more information about the position, please check the post here.