OJD Week in Review: May 13 – 17

Happy Friday!  This week we’ve got quite a few new nuggets to share.  There is a new resource from NJDC worth noting, a webinar offering CLE credit, and a training in Rutherford from OJD.  Also, check out the new tip of the week and reminders from the previous weeks.

We also want to bring attention to yesterday’s post regarding the Juvenile Training Immersion Program (JTIP) hosted last month in conjunction with the National Juvenile Defender Center (NJDC) at North Carolina Central University.  JTIP was one of the first steps in OJD’s strategic plan to address changes that can/will come as a result of Raise the Age.  Please read the full post here if you have not had a chance to yet!

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Group photo of new N.C. regional trainers and NJDC JTIP trainers.

Tip of the Week – Suppression

Suppression motions aren’t often used in the District Court setting (outside DWI cases), however juvenile court offers many opportunities for suppression.  The juvenile code outlines the procedure for filing a motion to suppress (§7B-2408.5) and it may be made either in writing before the adjudicatory hearing or orally during the hearing.  Consider whether or not your client’s statement or identifications may be subject to suppression.  Remember – “in custody” is an objective test!  The test is whether a “reasonable juvenile” in the position of the respondent would believe him/herself to be in custody OR that s/he had been deprived of freedom of action in some significant way, and is not based on the subjective intent of the interrogator or the perception of the person under questioning.  That means if your client is in the principal’s office and the SRO is standing in front of the door, would your client feel free to leave?

Job and Fellowship Opportunity

Today is the last day to submit your application for the Louisiana Center for Children’s Rights (LCCR)’s mitigation specialist positions in New Orleans and Baton Rouge.  The mitigation specialists will be responsible for the investigation and development of competent, thorough, and quality mitigation in accordance with statewide performance standards, the American Bar Association Guidelines, and national best practices.  To apply, please check here to apply for the New Orleans position and here to apply for the Baton Rouge opening.

The North Carolina Commission on Racial and Ethnic Disparities in the Criminal Justice System (NCCRED) has an opening for a new Executive Director.  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., by SaturdayJune 1.  Please include email subject line “NCCRED Director Position.”

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The Forsyth County Public Defender’s Office is currently seeking a new assistant public defender.  The selected candidate will represent indigent clients charged with misdemeanor criminal offenses and will be expected to analyze laws, facts, written documents, conduct legal research, develop litigation strategies.   For the full job description and to apply, please go here.

Training

On Monday, May 20, OJD will be hosting a Juvenile Court Basics Training in Rutherfordton.  The training will take place at the Rutherford County Courthouse from 2 – 4 p.m. and has already been approved for 2 general CLE credit hours.  Juvenile Defender Eric Zogry will be discussing topics such as how to talk to juvenile clients, dispositions, appeals, and more.  Please call our office at 919-890-1650 if you have questions regarding the training or email Marcus Thompson.

Registration is now open for the 2019 Summer Criminal Law Update Webinar which will take place June 7 from 1:30 to 3 p.m.  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 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.  Please note that pre-registration is required and the deadline to register will be 5 p.m., June 5.  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.

TRAINING--DEVELOPMENT

Please save the dates for the 2019 Parent Attorney and Juvenile Defender Conferences.  The Parent Attorney Conference will be held Thursday, August 8 and the Juvenile Defender Conference will be held Friday, August 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.

New Resource

To commemorate the 52nd Anniversary of In re Gault this week, the National Juvenile Defender Center (NJDC) is pleased to share a new resource, Making the Case for Young Clients: Supreme Court Quotes for Bolstering Juvenile Defense Advocacy.  Language shapes every defense.  And the United States Supreme Court has issued numerous opinions with language that supports the unique advocacy required for defending youth in juvenile delinquency proceedings.  From recognizing that youth are more susceptible to coercion during an interrogation to reinforcing the principle that youth are constitutionally different from adults, the Supreme Court has boldly delineated the rights and obligations due to young people.  This resource is filled with language from opinions spanning several decades and is accessible online here.

Also, please note that the application period for specialization in juvenile defense started on the 1st of this month and continues until July 2!  If you know someone or if you yourself are interested in specializing in the juvenile defense arena, please visit the N.C. State Bar Legal Specialization page.

That’s our wrap-up for 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 be added to our listserv.  Have a great weekend.

OJD Week in Review: May 6 – 10

Another Happy Friday to everyone reading this!  This week there is the new tip, one new job opportunity with NCCRED, one new training date to announce and a couple of registration deadlines for upcoming events.

Tip of the Week – Should I Waive PC?

That depends.  As a general rule, you shouldn’t unless your client is receiving something in exchange for the waiver, such as an agreement not to transfer case, dismissal or reduction in the charges, or a specific disposition agreement.  If you think you have any chance at reducing or dismissing the charges during the proceeding, push to have the hearing.  But if, for example, your client is facing transfer to adult court, and the facts surrounding the case are especially unfavorable, you might want to consider waiving the hearing to reduce the impact of the bad facts on your client’s case for the transfer hearing– but never waive PC for a mandatory transfer case.

Job and Fellowship Opportunity

The North Carolina Commission on Racial and Ethnic Disparities in the Criminal Justice System (NCCRED) has an opening for a new Executive Director.  The Executive Director will provide leadership and manage all aspects of the organization including, but not limited to, 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., by June 1, 2019.  Please include email subject line “NCCRED Director Position.”

NCCRED

The Louisiana Center for Children’s Rights (LCCR) is currently seeking applications for Mitigation Specialists in New Orleans and Baton Rouge to conduct mitigation investigations for Miller or Montgomery cases throughout the state.  The Mitigation Specialist will be responsible for the investigation and development of competent, thorough, and quality mitigation in accordance with statewide performance standards, the American Bar Association Guidelines, and national best practices.  The application deadline for both positions is May 17.  To apply, please check here to apply for the New Orleans position and here to apply for the Baton Rouge opening.

The Forsyth County Public Defender’s Office is currently seeking a new assistant public defender.  The selected candidate will represent indigent clients charged with misdemeanor criminal offenses and will be expected to analyze laws, facts, written documents, conduct legal research, develop litigation strategies.   For the full job description and to apply, please go here.

Training

The deadline to register for the Southern Juvenile Defender Center (SJDC)‘s Ninth Annual Regional Summit is Monday, May 13.  This year the Summit will be taking place in New Orleans, Louisiana, from June 7-8.  You’re invited to come together with your colleagues from across the Southern states to participate in this one-of-a-kind program.  If interested in attending, please register here.  CLE credits are pending.  For more information on lodging, the agenda, and fees, please visit the Eventbrite page here.  Also, for those of you interested in attending, SJDC has released the final agenda for the two-day event, which can be viewed here.

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Please save the dates for the 2019 Parent Attorney and Juvenile Defender Conferences.  The Parent Attorney Conference will be held Thursday, August 8 and the Juvenile Defender Conference will be held Friday, August 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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From Around the Community

In honor of the 52nd anniversary of In re Gault, the Supreme Court decision that ultimately allowed children the right to counsel, the National Juvenile Defender Center will be hosting “The Story of (In)Justice” in at the Mayflower Hotel in Washington, D.C. on Wednesday, May 15.  The event will take place from 6 – 8 p.m. and will feature and honor Yusef Salaam, a community activist and Central Park Five exonoree,  and Sarah Burns, award-winning filmmaker and author of The Central Park Five.  To register and learn more about this event, please check the link here.

That’s it for this second week of May.  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 be added to our listserv.  Have a great weekend.

OJD Week in Review: Apr. 29 – May 3

Happy Friday!  This week there are just lots of reminders, so please note every deadline as many are approaching in the next week, and there is one new job opportunity and a new tip for you.

Tip of the Week – North Carolina’s Juvenile Sex Offender Registry

North Carolina has a separate, non-public sex offender registry for juveniles.  The court may only register a juvenile if:

  • they are 11 years or older at the time of the offense
  • have been adjudicated of first degree rape or sexual offense, second degree rape or sexual offense, or attempt of either offense
  • and the court finds that the juvenile is a danger to the community

To date, North Carolina has not adopted the Adam Walsh Act, or Sex Offender Registration and Notification Act (SORNA) which can require public, lifetime registration.  However, if your client ever moves to a state that has adopted SORNA…. (see Tip from 4/12/19 post).

Job and Fellowship Opportunity

The Louisiana Center for Children’s Rights (LCCR) is currently seeking applications for Mitigation Specialists in New Orleans and Baton Rouge to conduct mitigation investigations for Miller or Montgomery cases throughout the state.  The Mitigation Specialist will be responsible for the investigation and development of competent, thorough, and quality mitigation in accordance with statewide performance standards, the American Bar Association Guidelines, and national best practices.  The application deadline for both positions is May 17.  To apply, please check here to apply for the New Orleans position and here to apply for the Baton Rouge opening.

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The National Juvenile Defender Center (NJDC) is currently seeking applications for two positions: a Staff Attorney and a 2019-2020 Gault Fellow.  The staff attorney is a mid-level position who will be responsible for conducting extensive legal research, analysis, and writing; will respond to requests for assistance from juvenile defense attorneys or stakeholders in the field; and may be called upon to provide training.  The staff attorney will work in partnership with our leadership team, staff, and community to advance NJDC’s mission and programs.  This position is open until filled.  The 2019-2020 Gault Fellow is a one-year fellowship opportunity that will run concurrently with the first year of the 2019-2021 Gault Fellowship.  The Gault Fellows collaborate with NJDC staff to develop legal and policy initiatives around a broad range of juvenile defense issues.  The Fellows perform extensive legal research and analysis for NJDC and assist with the provision of training and technical assistance to the juvenile defense community.  This position is an entry-level position intended for recent law school graduates and current 3L/4LEs (Class of 2018 or 2019).  The application deadline is Monday, May 6.  For more information, please go here.

The Forsyth County Public Defender’s Office is currently seeking a new assistant public defender.  The selected candidate will represent indigent clients charged with misdemeanor criminal offenses and will be expected to analyze laws, facts, written documents, conduct legal research, develop litigation strategies.   For the full job description and to apply, please go here.

Training

The National Juvenile Defender Center (NJDC) is thrilled to be hosting the 2019 Juvenile Defender Leadership Summit in West Palm Beach, FL from October 25 – 27.  As in years past, we look to our community of juvenile defense attorneys and juvenile policy advocates to help us build a vibrant and thought-provoking agenda that answers to the community’s needs.  For more on the proposals, how to submit, and the selection criteria, please find more info here.  All workshop proposals are due on May 6, 2019.  If you have any questions about the proposal or the proposal process, please feel free to contact NJDC’s Director of Training and Technical Assistance Tim Curry by email or call 202-452-0010.

The Southern Juvenile Defender Center (SJDC) proudly announces the ninth annual Regional Summit, taking place in New Orleans, Louisiana, June 7-8, 2019.  You’re invited to come together with your colleagues from across the Southern states to participate in this one-of-a-kind program.  If interested in attending, please register here for the Summit before Monday, May 13.  For out-of-state attorneys, partial scholarship assistance is available to cover lodging expenses on first-come, first-served basis.  Scholarship recipients must be willing to share a two-bed hotel room with another attendee and to pay $25 per night toward the cost of the room.  To inquire about a scholarship, contact Randee J. Waldman and Richard Pittman.  The deadline for scholarship applications is Thursday, May 9th.  CLE credits have been applied for.  For more information on lodging, the agenda, and fees, please visit the Eventbrite page here.

The North Carolina Bar Association (NCBA) Juvenile Justice & Children’s Rights, Education Law, Criminal Justice Sections, and Minorities in the Profession Committee are proud to present the Racial Equity Institute’s (REI) “Groundwater Presentation: An Introduction to Racial Equity”!  This free event will take place on May 9 from 1 to 4 p.m. at the Bar Center (8000 Weston Parkway).  More information and a link for registration will be available soon, but if you have any questions about the event, please contact Andi Bradford.  (Please note that while the event is free for everyone to attend, no more than 175 attendees will be permitted, so please register early!)

yoda training

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.

From Around the Community

In honor of the 52nd anniversary of In re Gault, the Supreme Court decision that ultimately allowed children the right to counsel, the National Juvenile Defender Center will be hosting “The Story of (In)Justice” in at the Mayflower Hotel in Washington, D.C. on May 15.  The event will take place from 6 – 8 p.m. and will feature and honor Yusef Salaam, a community activist and Central Park Five exonoree,  and Sarah Burns, award-winning filmmaker and author of The Central Park Five.  To register and learn more about this event, please check the link here.

That’s it for 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 be added to our listserv.  Nothing more to add beyond that… but have a great weekend.

 

OJD Week in Review: Apr. 15 – 19

Happy Thursday (and, hopefully, a Happy Good Friday on tomorrow)!  This week there is one new training and one job opportunity along with the usual reminders reminders and tip.

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Tip of the Week – What’s an Alford Plea?

A plea under State v. Alford is where an accused will admit to responsibility in court, not because they believe they are guilty, but because they believe it is in their best legal interest to do so.  While Alford is not explicitly afforded in the Juvenile Code, the Court of Appeals upheld an Alford plea, In re C.L. (2011).  Defenders should remember to explain to clients that an Alford plea has the same impacts and consequences as a standard admission.

Training

The National Juvenile Defender Center is thrilled to be hosting the 2019 Juvenile Defender Leadership Summit in West Palm Beach, FL from October 25 – 27.  As in years past, we look to our community of juvenile defense attorneys and juvenile policy advocates to help us build a vibrant and thought-provoking agenda that answers to the community’s needs.  For more on the proposals, how to submit, and the selection criteria, please find more info hereAll workshop proposals are due on May 6, 2019.  If you have any questions about the proposal or the proposal process, please feel free to contact NJDC’s Director of Training and Technical Assistance Tim Curry by email or call 202-452-0010.

The 2019 Defender Trial School, 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, 2019, 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.  The agenda will be posted to the course page soon, and an announcement will be sent out as soon as registration opens.  Until then, please save the dates if you’re interested in attending!  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.

The Southern Juvenile Defender Center (SJDC) proudly announces the ninth annual Regional Summit, taking place in New Orleans, Louisiana, June 7-8, 2019.  You’re invited to come together with your colleagues from across the Southern states to participate in this one-of-a-kind programIf interested in attending, please register here for the Summit before May 13.  For out-of-state attorneys, partial scholarship assistance is available to cover lodging expenses on first-come, first-served basis.  Scholarship recipients must be willing to share a two-bed hotel room with another attendee and to pay $25 per night toward the cost of the room.  To inquire about a scholarship, contact Randee J. Waldman and Richard Pittman.  The deadline for scholarship applications is May 9th.  CLE credits have been applied for.  For more information on lodging, the agenda, and fees, please visit the Eventbrite page here.

The North Carolina Bar Association (NCBA) Juvenile Justice & Children’s Rights, Education Law, Criminal Justice Sections, and Minorities in the Profession Committee are proud to present the Racial Equity Institute’s (REI) “Groundwater Presentation: An Introduction to Racial Equity”!  This free event will take place on May 9 from 1 to 4 p.m. at the Bar Center (8000 Weston Parkway).  More information and a link for registration will be available soon, but if you have any questions about the event, please contact Andi Bradford.  (Please note that while the event is free for everyone to attend, no more than 175 attendees will be permitted, so please register early!)

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.

Job and Fellowship Opportunity

The Louisiana Center for Children’s Rights (LCCR) in New Orleans is seeking applications for the position of Staff Defense Investigator.  The responsibilities of defense investigators include working closely with staff attorneys and other defense team members to determine the scope, timing, and direction of defense investigation; reviewing and analyzing discovery, including police reports and other documentation; locating and collecting records; serving subpoenas; taking detailed witness statements; and thoroughly documenting all work and information in detailed memorandum.  The position requires a deep commitment to the defense of youth and to LCCR’s client-directed ethic.  Applicants must submit a cover letter; a resume or CV, including an email address and daytime and evening telephone numbers; and a list of professional references, including the name, address, telephone number and, if available, email address for each reference.  This posting will be open until May 1.  This position will remain open until filled.  For further details and to apply, please check here.

The National Juvenile Defender Center (NJDC) is currently seeking applications for two positions: a Staff Attorney and a 2019-2020 Gault Fellow.  The staff attorney is a mid-level position who will be responsible for conducting extensive legal research, analysis, and writing; will respond to requests for assistance from juvenile defense attorneys or stakeholders in the field; and may be called upon to provide training.  The staff attorney will work in partnership with our leadership team, staff, and community to advance NJDC’s mission and programs.  This position is open until filled.  The 2019-2020 Gault Fellow is a one-year fellowship opportunity that will run concurrently with the first year of the 2019-2021 Gault Fellowship.  The Gault Fellows collaborate with NJDC staff to develop legal and policy initiatives around a broad range of juvenile defense issues.  The Fellows perform extensive legal research and analysis for NJDC and assist with the provision of training and technical assistance to the juvenile defense community.  This position is an entry-level position intended for recent law school graduates and current 3L/4LEs (Class of 2018 or 2019).  The application deadline is May 6, 2019.  For more information, please go here.

The Forsyth County Public Defender’s Office is currently seeking a new assistant public defender.  The selected candidate will represent indigent clients charged with misdemeanor criminal offenses and will be expected to analyze laws, facts, written documents, conduct legal research, develop litigation strategies.   For the full job description and to apply, please go here.

The 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?  To learn more or apply, find additional info here.  The deadline to apply for the fellowship will be 11:59 p.m. on April 29th.

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That will be all for now!  Have a safe and Happy Easter weekend!

OJD Week in Review: Apr. 8 – 12

Welcome to your new Friday!  This week we have a new fellowship, even more training announcements, a new tip, and the standard reminders.

Tip of the Week – Juveniles and SORNA (Sex Offender Registry & Notification Act)

If your client has been adjudicated or admitted to a sex offense, be sure to advise him/her about possible collateral consequences of SORNA (Sex Offender Registry and Notification Act).  Even though NC doesn’t have a mandatory juvenile registry, if your client moves to another state that would require registration, s/he will have to register there.  This applies to residential treatment facilities as well.  Please contact our office and we can let you know if the state requires registration.  In addition, counsel your client regarding an expungement if the adjudication is eligible to avoid issues with attending college out of state as well.  We have an expunction toolkit and reminder card available on our website here.

Training

reminder

The 2019 Defender Trial School, 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, 2019, 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.  The agenda will be posted to the course page soon, and an announcement will be sent out as soon as registration opens.  Until then, please save the dates if you’re interested in attending!  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.

The Southern Juvenile Defender Center (SJDC) proudly announces the ninth annual Regional Summit, taking place in New Orleans, Louisiana, June 7-8, 2019.  You’re invited to come together with your colleagues from across the Southern states to participate in this one-of-a-kind programIf interested in attending, please register here for the Summit before May 13.  For out-of-state attorneys, partial scholarship assistance is available to cover lodging expenses on first-come, first-served basis.  Scholarship recipients must be willing to share a two-bed hotel room with another attendee and to pay $25 per night toward the cost of the room.  To inquire about a scholarship, contact Randee J. Waldman and Richard Pittman.  The deadline for scholarship applications is May 9th.  CLE credits have been applied for.  For more information on lodging, the agenda, and fees, please visit the Eventbrite page here.

The North Carolina Bar Association (NCBA) Juvenile Justice & Children’s Rights, Education Law, Criminal Justice Sections, and Minorities in the Profession Committee are proud to present the Racial Equity Institute’s (REI) “Groundwater Presentation: An Introduction to Racial Equity”!  This free event will take place on May 9 from 1 to 4 p.m. at the Bar Center (8000 Weston Parkway).  More information and a link for registration will be available soon, but if you have any questions about the event, please contact Andi Bradford.  (Please note that while the event is free for everyone to attend, no more than 175 attendees will be permitted, so please register early!)

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.

TRAINING--DEVELOPMENT

Job and Fellowship Opportunity

The National Juvenile Defender Center (NJDC) is currently seeking applications for two positions: a Staff Attorney and a 2019-2020 Gault Fellow.  The staff attorney is a mid-level position who will be responsible for conducting extensive legal research, analysis, and writing; will respond to requests for assistance from juvenile defense attorneys or stakeholders in the field; and may be called upon to provide training.  The staff attorney will work in partnership with our leadership team, staff, and community to advance NJDC’s mission and programs.  This position is open until filled.  The 2019-2020 Gault Fellow is a one-year fellowship opportunity that will run concurrently with the first year of the 2019-2021 Gault Fellowship.  The Gault Fellows collaborate with NJDC staff to develop legal and policy initiatives around a broad range of juvenile defense issues.  The Fellows perform extensive legal research and analysis for NJDC and assist with the provision of training and technical assistance to the juvenile defense community.  This position is an entry-level position intended for recent law school graduates and current 3L/4LEs (Class of 2018 or 2019).  The application deadline is May 6, 2019.  For more information, please go here.

The Forsyth County Public Defender’s Office is currently seeking a new assistant public defender.  The selected candidate will represent indigent clients charged with misdemeanor criminal offenses and will be expected to analyze laws, facts, written documents, conduct legal research, develop litigation strategies.   For the full job description and to apply, please go here.

The 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?  To learn more or apply, find additional info here.  The deadline to apply for the fellowship will be 11:59 p.m. on April 29th.

That is all for now.  For the weekly/daily updates and shared articles regarding the juvenile justice community, please head over to Twitter and Facebook, like and follow us, and make sure to subscribe to the blog!

OJD Week in Review: Apr. 1 – 5

Happy Friday!  This week we have a special shout-out, a new tip, and new training and job opportunities to share.

Tip of the Week – My Client Was Adjudicated in One County But Resides in Another

If your client was adjudicated in a county other than the county of residence, usually the case will be transferred to the county of residence.  However, the case can remain in the first county if the juvenile is in residential treatment or foster care there, or if the court decides the case should remain, the county of residence is notified, and the chief district court judge in the country of residence doesn’t request transfer.  Also, the juvenile may request transfer to the county of residence.

From Around the Community

We want to take a moment to recognize Guilford County Public Defender Fred Lind for receiving the Caswell Award earlier this week!  Lind was among 21 recipients to receive the award for 45 years or more of dedicated service to the State of N.C.  You can check out the brief article from Administrative Office of the Courts here.

Lind, Caswell Service Award

Training

On Friday, April 12, the Institute of Law, Psychiatry and Public Policy at the University of Virginia (UVA) will be hosting “Transgender Youth and System-Level Reforms for Girls: Special Populations in the Juvenile Justice System“.  The training will take place in the auditorium of Zehmer Hall on the UVA campus from 9 a.m. to 4 p.m.  This training is approved for 5 CLE credit hours and attorneys will be given a discounted fee to attend.  Please direct any questions regarding the training here.  To register for this event or for further information about the training, presenters, fees, hotels & parking, etc., please check the page here.

The deadline to apply for the Center for Juvenile Justice Reform (CJJR)‘s Youth in Custody Certificate Program will be next Friday, April 12.  The 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.

The North Carolina Bar Association (NCBA) Juvenile Justice & Children’s Rights, Education Law, Criminal Justice Sections, and Minorities in the Profession Committee are proud to present the Racial Equity Institute’s (REI) “Groundwater Presentation: An Introduction to Racial Equity”!  This free event will take place on May 9 from 1 to 4 p.m. at the Bar Center (8000 Weston Parkway).  More information and a link for registration will be available soon, but if you have any questions about the event, please contact Andi Bradford.  (Please note that while the event is free for everyone to attend, no more than 175 attendees will be permitted, so please register early!)

Save the Date!  The Southern Juvenile Defender Center will be hosting its 9th Annual Regional Summit on June 7th & 8th in New Orleans this year.  More details should arrive soon, but please contact Randee Waldman or Richard Pittman with questions.

yoda training

Job and Fellowship Opportunity

The Forsyth County Public Defender’s Office is currently seeking a new assistant public defender.  The selected candidate will represent indigent clients charged with misdemeanor criminal offenses and will be expected to analyze laws, facts, written documents, conduct legal research, develop litigation strategies.   For the full job description and to apply, please go here.

The 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?  To learn more or apply, find additional info here.  The deadline to apply for the fellowship will be 11:59 p.m. on April 29th.

The National Juvenile Defender Center is seeking a Mid-Level Staff Attorney with recent front-line juvenile defense experience to join our team.  The staff attorney will be responsible for conducting extensive legal research, analysis, and writing; will respond to requests for assistance from juvenile defense attorneys or stakeholders in the field; and may be called upon to provide training.  The staff attorney will work in partnership with our leadership team, staff, and community to advance NJDC’s mission and programs.  The position encompasses a diverse set of responsibilities, including: provide direct support and technical assistance to juvenile defense attorneys, policy advocates, and other juvenile court stakeholders working to improve access to and the quality of juvenile defense representation at the state, local, tribal, and national levels; support juvenile defense practice and policy, generally, by conducting extensive legal research and analysis and drafting reports, articles, fact sheets, and advocacy tools; act as a liaison with NJDC’s network of regional juvenile defender centers; engage in critical and strategic analysis of issues impacting youth rights and equity; contribute to and manage an assigned portfolio of projects while also being available to assist other team members as needed; and collaborate with coalition partner organizations.  For more instructions on how to apply and further job description details, please check here.  Applications will be accepted until the position is filled.

That concludes our week in review.  We will share more throughout the week over on Twitter and Facebook, so please be sure to like and follow us, and make sure to subscribe to the blog!

OJD Week in Review: Mar. 18 – 22

Hello again and Happy Friday!  This week we’ve got a new training announcement, a job opportunity, the tip of the week, and reminders for previously mentioned opportunities.

Tip of the Week – My Client is in Detention… How Do I Find Them?

There are currently eight detention centers in North Carolina:

  • Alexander Juvenile Detention Center in Taylorsville
  • Cabarrus Regional Juvenile Detention Center in Concord
  • Cumberland Regional Juvenile Detention Center in Fayetteville
  • New Hanover Regional Juvenile Detention Center in Castle Hayne
  • Pitt Regional Juvenile Detention Center in Greenville
  • Wake Juvenile Detention Center in Raleigh
  • Durham County Youth Home in Durham
  • Guilford County Detention Center in Greensboro

Check with your court counselor’s office to find out which location your client is being held, and check here for contact information to visit and call your client.

giphy

Training

The North Carolina Bar Association (NCBA) Juvenile Justice & Children’s Rights, Education Law, Criminal Justice Sections, and Minorities in the Profession Committee are proud to present the Racial Equity Institute’s (REI) “Groundwater Presentation: An Introduction to Racial Equity”!  This free event will take place on May 9 from 1 to 4 p.m. at the Bar Center (8000 Weston Parkway).  More information and a link for registration will be available soon, but if you have any questions about the event, please contact Andi Bradford.  (Please note that while the event is free for everyone to attend, no more than 175 attendees will be permitted, so please register early!)

The Center for Juvenile Justice Reform (CJJR) is accepting applications for its Youth in Custody Certificate Program, to 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.  Please apply by April 12.

Save the Date!  The Southern Juvenile Defender Center will be hosting its 9th Annual Regional Summit on June 7th & 8th in New Orleans this year.  More details should arrive soon, but please contact Randee Waldman or Richard Pittman with questions.

TRAINING--DEVELOPMENT

Job and Fellowship Opportunity

The National Juvenile Defender Center is seeking a Mid-Level Staff Attorney with recent front-line juvenile defense experience to join our team.  The staff attorney will be responsible for conducting extensive legal research, analysis, and writing; will respond to requests for assistance from juvenile defense attorneys or stakeholders in the field; and may be called upon to provide training.  The staff attorney will work in partnership with our leadership team, staff, and community to advance NJDC’s mission and programs.  The position encompasses a diverse set of responsibilities, including: provide direct support and technical assistance to juvenile defense attorneys, policy advocates, and other juvenile court stakeholders working to improve access to and the quality of juvenile defense representation at the state, local, tribal, and national levels; support juvenile defense practice and policy, generally, by conducting extensive legal research and analysis and drafting reports, articles, fact sheets, and advocacy tools; act as a liaison with NJDC’s network of regional juvenile defender centers; engage in critical and strategic analysis of issues impacting youth rights and equity; contribute to and manage an assigned portfolio of projects while also being available to assist other team members as needed; and collaborate with coalition partner organizations.  For more instructions on how to apply and further job description details, please check here.

The 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 its second and final informational webinar on 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.

This is the end of our review for this week.  Please be sure to join us over on Twitter and Facebook to get more juvenile justice-related info throughout the week and make sure to subscribe to the blog!

Save the Date: N.C. Bar Association’s Groundwater Training on Racial Equity

The North Carolina Bar Association (NCBA) Juvenile Justice & Children’s Rights, Education Law, Criminal Justice Sections, and Minorities in the Profession Committee are proud to present the Racial Equity Institute’s (REI) “Groundwater Presentation: An Introduction to Racial Equity”!  This free event will take place on May 9 from 1 to 4 p.m. at the Bar Center (8000 Weston Parkway).  More information and a link for registration will be available soon, but if you have any questions about the event, please contact Andi Bradford.  (Please note that while the event is free for everyone to attend, no more than 175 attendees will be permitted, so please register early!)

REI hosts trainings locally and nationally to help participants develop tools to understand and challenge patterns of racial inequity and to grow equity within their organizations and communities.  REI’s Groundwater Training is a  lively, participatory, and evidence-based  introductory session in which trainers  review stories and data to examine characteristics of modern-day racial inequity, and actively engage participants in analyzing the impact of systemic and institutional racism in our society in areas such as education, healthcare, juvenile justice, criminal justice and child welfare.

This research-based presentation focuses on the following six points that are essential to understanding the realities of systemic racism as a predictor of outcomes in all institutions.

  1. Racial inequity looks the same across systems.
  2. Socio-economic difference does not explain the racial inequity.
  3. Systems contribute significantly to disparities.
  4. The systems-level disparities cannot be explained by a few ‘bad apples’ or ill-intentioned gatekeepers.
  5. Poor outcomes are concentrated in certain geographic communities; usually poor communities and communities of color.
  6. An analysis that includes race often draws starkly different conclusions than one that does not.

NCBA members who have attended this training describe it as transformative as well as fundamental to an attorney’s ethical responsibility to “seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession.” (NC Rules of Professional Conduct, .01 Preamble)

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.

confusion

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.