OJD Week in Review: July 29 – August 2
Tip of the week
Is There Such a Thing as a Juvenile MAR?
Yes and no. While there is no exact corollary to a motion for appropriate relief (MAR) in juvenile court, N.C.G.S. §7B-2600 provides for a hearing on a motion for the court to review an order of the court is in the best interests of the juvenile. As a result, the court may modify or vacate the order in light of changes in circumstances or the needs of the juvenile. Subsection (b) specifically refers to delinquency and states that “the court may reduce the nature or the duration of the disposition on the basis that it was imposed in an illegal manner or is unduly severe with reference to the seriousness of the offense, the culpability of the juvenile, or the dispositions given to juveniles convicted of similar offenses.”
Senate 413 is now law! Governor Cooper signed the bill yesterday. This should make the RTA substantive law final and ready to go for December 1. Stay tuned for updates on training opportunities, resources, and other materials.
The Juvenile Jurisdiction Advisory Committee (JJAC) met this week. As the body empowered by the General Assembly to monitor and review the implementation of Raise the Age, the JJAC reviewed the status of RTA legislation and budget negotiations, received an update of School Justice Partnerships and filing processes, reviewed Juvenile Crime Prevention Council allocations, and discussed whether to explore recommendation of raising the minimum age of juvenile jurisdiction. More information about the meeting may be found here.
Speaking of School Justice Partnerships, be sure to check out Chief Justice Cherie Beasley discussing this innovation here.
From Our National Partners:
Six Policy Priorities for Juvenile Defense | National Juvenile Defense Standards: Why Juvenile Defense Doesn’t End in the Courtroom
Juvenile defenders can and should play a vital role in policy and justice system reform — and advocates can partner with them to accomplish significant changes that affect youth in the court room and beyond.
This policy update draws on new best practice standards created by the National Juvenile Defender Center (NJDC) with support from Models for Change for juvenile defense attorneys. In addition to the standards themselves, the NJDC also calls on defenders to take action toward broad systemic reform, and encourages advocates to collaborate in these areas:
Ensure early access to counsel.
Establish a presumption of indigence for all youth.
Prevent invalid waiver of counsel.
Challenge disparate treatment and discrimination.
Ensure resources and manageable caseloads for juvenile defenders.
Identify and eliminate harmful conditions of confinement
To learn more about this article visit: www.njjn.org/our-work/juvenile-defense-standards-six-policy-priorities