Week in Review: Mar 30-Apr 3
Happy Friday Readers & Welcome to a brand new month. We know it may not feel like it, but it goes without saying how we appreciate our essential workers, in both private and public sectors. You are the heroes.
TIP OF THE WEEK!
This week’s tip of the week is highlighting a juvenile delinquency case that defenders need to be aware of when your client wants to testify. In re J.B. was decided in 2018. The State appealed the original Court of Appeals decision, but the N.C. Supreme Court denied a hearing.
Briefly, the facts showed the juvenile chose to testify on his own behalf and incriminated himself (he admitted that he committed an assault on his teacher). The trial court did not inquire as to whether the juvenile understood his right against self-incrimination before he testified. The trial court asked the juvenile if he understood his rights after he testified, and the Court of Appeals determined that was not sufficient to satisfy the requirements under N.C.G.S. §7B-2405 and the error was not harmless.
So – if your client wants to testify, the court must inform the juvenile of his/her constitutional and statutory right against self-incrimination before s/he testifies!
OUR NEW ASSISTANT JUVENILE DEFENDER TERRI JOHNSON!
Terri is a lifelong resident of Iredell County, North Carolina. She graduated cum laude with a Bachelor of Science in Psychology from Duke University in 2000. She received her Juris Doctor degree from UNC Chapel Hill School of Law in 2003, and was admitted to the North Carolina Bar in 2003. Since 2003, she has been in private practice as an associate and partner in small firms and then as a solo practitioner. Her practice areas included criminal law, family law and juvenile law and has focused on juvenile law as a contract attorney in delinquency court in both Iredell and Alexander counties. She will continue to represent juveniles in Iredell and Alexander county as she joins the Juvenile Defender’s Office as an assistant defender for the Western District of North Carolina.
She currently resides in Statesville, North Carolina and enjoys spending time with her family, reading and photography.
Yesterday, NJDC issued a statement on COVID-19 and the urgent need for the juvenile legal system to act. The statement is available on the Defender App. NJDC also released a new resource: Guidance to Juvenile Courts on Conducting Remote Hearings During the COVID-19 Pandemic. The resource is attached to this email and also available on NJDC’s website here.
Save the Date! NJDC’s Juvenile Defender Leadership Summit will be in Kansas City, Missouri October 16-18, 2020.
NCCAY created a brief survey to share your current challenges and creative solutions with the DPS Juvenile Services Division and, in turn, contact you with what we have learned that may help you in your work. You can take the survey here.
JCPC has had to make the difficult decision to cancel our legislative conference this year. Those that have already paid their registration will receive a refund. Please be sure to cancel your hotel reservations as well.
HAVE A SAFE WEEKEND!