Happy Friday! This week there is one new job opportunity, a new tip and an update to our “Materials for Defenders” page. And we’d like to remind everyone once more that Tuesday, July 2, will be the deadline to apply to become an N.C. State Bar-certified juvenile defender! If you are interested, please visit the N.C. State Bar Legal Specialization page. We want to grow the N.C. juvenile defender community!
Tip of the Week – Probable Cause Hearings
Procedures for a probable cause hearing in juvenile court are similar to those in adult court. However, N.C.G.S. §7B-2202(c) mandates that the State shall show probable cause “by non-hearsay evidence or evidence that satisfies an exception to the hearsay rule.” The State must present actual witnesses at the hearing in order to demonstrate each element of the felony offense. Reiteration by law enforcement of third-party testimony acquired during the investigation does not satisfy this requirement. There are exceptions for some reports and evidence regarding value, ownership, possession but remember that those exceptions do not apply at the adjudicatory hearing.
Forms and Motions Update
Earlier this week, we updated our Trial Motions and Forms Index to include a few useful documents from the Office of the Appellate Defender. There is one new form, and several new entries on the list of motions, but the newest entries can be found at the top of each list. These new additions include a new handout for juvenile specific jury instructions and a handout for extending Miller and Roper to 18- to 25-year-olds. There are also motions to prevent the State from seeking life without parole or the death penalty in cases where clients are prosecuted as adults for crimes committed in their youth, a motion for discretionary transfer hearing, and a motion to prevent the State from pursuing a felony murder conviction. Please check out our Trial Motions and Forms Index here or explore the Office of the Appellate Defender‘s page.
Job and Fellowship Opportunities
The Department of Public Safety is currently seeking a court counselor for District 22, to primarily serve in Iredell County. The ideal candidate will have knowledge of adolescent behavior and the dynamics of juvenile delinquency and the ability to make sound decisions, analyze facts and opinions objectively and impartially, and communicate and consult effectively with others. Preferred candidates will have a Bachelor’s or Master’s degree in the human services field with at least one to two years of experience working with the juvenile/family client population or have related human service case management experience. The deadline to apply is Sunday, July 7. To apply for this position, please go here.
Utah Juvenile Defender Attorneys (UJDA) is seeking applicants for an attorney to join their delinquency defense practice to assist in the representation of young people charged with delinquent offenses resulting in involvement in the juvenile justice system. UJDA is a small firm whose attorneys collectively have more than 80 years of experience handling juvenile delinquency cases. This is an excellent opportunity to join a sophisticated nationally recognized delinquency defense firm and work in a dynamic, expanding, and team-oriented atmosphere. Qualified candidates should have general knowledge of delinquency law and/or criminal law with excellent written and oral communication. They should also have working knowledge of advocacy techniques, principles of law and their applications, and criminal trial procedures and the rules of evidence. Qualified candidates should be good standing members of the Utah State Bar. UJDA values the strength of having a diverse and inclusive work environment, and strongly believes that everyone should feel welcomed and part of our community. The application deadline is Friday, July 5, 2019. Applications will be reviewed upon receipt, and the position is open until filled. For more information about the position or the application process, please see details here or contact Monica Diaz by email.
Training
Registration is now open for the 2019 Parent Attorney and Juvenile Defender conferences. The Parent Attorney Conference will be held Thursday, Aug. 8 and the Juvenile Defender Conference will be held Friday, Aug. 9, and both would begin at 8:30 a.m. each day. Both conferences, cosponsored by the School of Government and the Office of Indigent Defense Services, will be held at the School of Government on the UNC-Chapel Hill campus, and offer approximately six hours of CLE credit. The Parent Attorney Conference provides training for attorneys, who represent parents in abuse, neglect, dependency, and termination of parental rights proceedings. The Juvenile Defender Conference provides training for attorneys who represent children in delinquency proceedings. Please feel free to download the Juvenile Defender Conference agenda here and the Parent Attorney Conference agenda here. If you have any questions, please contact Program Manager Kate Jennings, or if you have questions about the course content, please contact Program Attorney Austine Long.
That ends this Week in Review. Please make sure to subscribe to the OJD blog and follow our OJD Twitter and Facebook pages as well to get updates, relevant articles, and other juvenile defense-related content throughout the week!
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