Week in Review: February 7-11
Welcome to the weekend readers! It's been a busy week in the office with some exciting announcements coming your way very soon. This week we have a Black History Month attorney spotlight, a fresh tip from Terri, and a CLE opportunity from the School of Government & IDS. Let's get to it!
Black History Month Spotlight: Candace Washington
Candace Washington is an Assistant Appellate Defender with the Office of the Appellate Defender in Wake County, North Carolina. She is a 2017 graduate of Elon University School of Law and joined the office in 2019. She handles appeals such as criminal, commitment, and juvenile appeals. When asked why Black History Month and the Juvenile Delinquency System are important to her, she states, "Black History Month is important to me because it highlights and celebrates the accomplishments of African Americans. I particularly enjoy learning about the accomplishments of great lawyers and activists who advocated for monumental change. It inspires me to be a strong advocate for my clients in my briefs and oral arguments."
Tip of the Week: Disposition Pending Appeal N.C.G.S. 7B-2605
For all matters remaining in juvenile court, 7B-2602 and 7B-2604 set out the appeal process. Specifically, 7B-2604 sets out the parties who may appeal and imposes limitations on the State’s right to appeal. 7B-2602 controls the right to appeal and imposes time limits for notice of appeal. Counsel should remember that notice of appeal of a final order (defined in 7B-2602) shall be given in open court at the time of the hearing or in writing within 10 days after entry of the order. If no disposition is made within 60 days after entry of the order, written notice of appeal may be given within 70 days after such entry. While counsel should be aware of these deadlines and properly mark calendars to avoid missing deadlines, counsel should also take notice of N.C.G.S. 7B-2605 regarding disposition pending appeal.
While disposition is not stayed pending appeal, N.C.G.S. 7B-2605 does provide that a juvenile shall be released from custody “with or without conditions” in every case unless the court orders otherwise. If the Court orders that the juvenile remains in custody, there must be a written order setting out “compelling reasons” for the order affecting custody or placement (see AOC-J-470). This procedure does not always happen automatically and counsel should request the client be released from custody and make all such requests on the record. Note that an order stating only that a juvenile shall remain in custody without any stated reasons is insufficient. See In re Bullabough, 89 N.C. App. 171(1988); In re G.C., 230 N.C. App. 511 (2013); and In re J.J., 216 N.C. App. 366 (2011). Additionally, a juvenile’s refusal to admit the offense adjudicated violates the self-incrimination privilege and is not a valid compelling reason for continued custody. See In re Lineberry, 154 N.C. App. 246 (2002). Counsel should likewise ensure that arguments regarding release are included in the record for appeal and notify the assigned appellate defender of any such hearing, the outcome, and the location and contact information for the juvenile.
For any questions regarding appeal or disposition pending appeal, please contact the Office of the Juvenile Defender or the Office of the Appellate Defender.
The School of Government at UNC-Chapel Hil & Indigent Defense Services Presents: 2022 Intensive Juvenile Defender Training
We are thrilled to welcome Kristin Nicole Henning, professor of law at Georgetown Law, Director of the Juvenile Justice Clinic and Initiative, and author of “The Rage of Innocence: How America Criminalizes Black Youth.” Professor Henning will be presenting “Litigating Race: The Fourth Amendment and Beyond.” Other sessions include crafting individualized dispositions, identifying new arguments for cases involving juveniles, disproportionate minority contact, developing your client’s story, cultural competencies, and more. The program will also include one hour of mental health/substance abuse and one hour of ethics CLE. The training will offer approximately 10 hours of CLE credit, which includes one hour of mental health and one hour of ethics credit (pending Bar approval). The final agenda is forthcoming. PARTICIPANTS: The program is open to public defenders and private attorneys who represent juveniles in delinquency proceedings or attorneys who want to practice in this area.
TIMES: Check-in will be on Thursday, March 10, 2022, at 8:50 a.m. The program will begin at 9:00 am. The program ends on Friday, March 11, 2022, at 3:45 pm.
REGISTRATION: To register online or view additional program information, please visit: https://www.sog.unc.edu/courses/intensive-juvenile-defender-training
The registration fee for private assigned counsel is $275. There is no fee for IDS employees. Pre-registration is required, and space is limited. The registration deadline is 5:00 pm on Monday, March 7, 2022. Your registration includes a hard copy of the 2017 North Carolina Juvenile Defender Manual if you do not already have one.