Late last year, John Rubin of the UNC School of Government and I published the 2017 edition of the North Carolina Juvenile Defender Manual. This edition was three years in the making. In addition, its publication coincided with a year-long initiative to commemorate the 50th anniversary of In re Gault, 387 U.S. 1 (1967), the Supreme Court decision that transformed the protections for juveniles in delinquency cases.
The new edition of the manual builds on the structure of the original 2008 edition and contains discussions of recent changes to the Juvenile Code, and analysis of case law from the past ten years. Here are some of the major changes to the manual:
Appeals (Chapter 16): I handle juvenile delinquency appeals and so, naturally, one part of the manual that saw some significant changes was the chapter devoted to appeals. The primary change to this chapter involves a new section on transmitting appeals to the Appellate Defender, which is a process that is sometimes overlooked by attorneys, but can result in complications and delays. We also added new sections on appeals by the State and appeals involving the denial of a motion to suppress.
Suppression Motions (Chapter 11): Prior to 2015, there were no procedures in the Juvenile Code for suppression motions. However, in 2015, the General Assembly enacted a law that provided specific procedures for suppression motions filed in juvenile delinquency cases. The new edition of the manual describes those procedures, as well as recent opinions on suppression issues, such as D.B. v. North Carolina, 564 U.S. 261 (2011), and State v. Saldierna, 369 N.C. 401 (2016).
Registration of juveniles adjudicated delinquent for sex crimes (Chapter 13): The new edition of manual includes a lengthier discussion of state and federal registration requirements for juveniles adjudicated delinquent for certain sex crimes.
Modifying dispositional orders (Chapter 13): The new edition of the manual provides an expanded discussion of motions in the cause under N.C. Gen. Stat. § 7B-2600 and a discussion of two recent cases that shed light on the criteria for modifying dispositional orders.
The juvenile’s right to access records (Chapter 10): In the chapter on discovery, John and I included a section on the juvenile’s right to access the clerk’s records for cases involving the abuse, neglect, or dependency of the juvenile; DSS records of cases in which the juvenile is under placement by a court or has been placed under protective custody by DSS; and records concerning the juvenile that are maintained by law enforcement and the Division of Adult Correction and Juvenile Justice.
Raise the age legislation (Chapter 19): As John and I neared completion of the manual, the General Assembly enacted legislation to raise the age of jurisdiction for juvenile delinquency cases from 15- to 17-years-old. John and I added a short chapter that discusses portions of the legislation that went into effect in December 2017. We also provided a link to a primer by LaToya Powell on the changes that take effect in December 2019.
We hope that juvenile defenders around the state find the new edition of the manual useful. If you have questions or comments about the manual, please send them to David Andrews at firstname.lastname@example.org or John Rubin at email@example.com.
David W. Andrews is an Assistant Appellate Defender in the North Carolina Office of the Appellate Defender (OAD), a division of the Office of Indigent Defense Services. OAD staff attorneys represent indigent clients in criminal, juvenile delinquency, and involuntary commitment appeals to the Court of Appeals of North Carolina and the Supreme Court of North Carolina.