Week in Review: Oct 5-9 (edited)
Welcome to another Freaky Friday! For real this time. Apologies for the “it’s Thursday guys, not actually Friday” OJD blog email. This spooky season is giving OJD a run for it’s money! Where are the Ghostbusters when you need them? Keep reading for updated information & resources!
Important Fee App Information
There has been an increase in fee apps that have had errors in filing and causing delay in payment. We have gathered some information and created a memo to both Public Defenders and PAC to ensure accurate and timely filing for your fee apps, including which forms to file per your title and what to double check. Please see this memo for further instructions and feel free to download and print for your reference.
Tip of the Week
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.
October CLE – Probation Violations & Post-Supervision
Thursday, October 29 from 2:30-3:30 PM, OJD brings Mary Stansell to the training floor. The webinar will cover the law on probation violations and post release supervision in delinquency court. It will address ongoing detention hearings as well as violations of probation and post release supervision. Commitment extensions, motions for review, and expunctions will also be covered. This CLE will be free to the first 35 registrants and CLE is currently pending approval. Please join us for a fresh new topic, great strategy and a few tips. PLEASE CLICK HERE TO REGISTER.
New Report: Youth Justice Under the Coronavirus
The Sentencing Project released its new report, Youth Justice Under the Coronavirus: Linking Public Health Protections to the Movement for Youth Decarceration. Summarizing lessons learned through the first months of the pandemic, and bringing focus to system responses to slow the virus’s spread to protect the safety and wellbeing of youth in the juvenile justice system. To read this report, click here.
Virtual Townhall – APA
Wednesday October 21, 2020 at 8:00 pm (EST), the American Psychiatric Association Foundation is offering a virtual town hall with featured panelists: Anish Ranjan Dube, M.D., MPH, FAPA; Sarah Vinson, M.D., and Randee Waldman, J.D. During this virtual town hall, adult, child & adolescent, and forensic psychiatry leaders, along with a Juvenile Justice legal expert, will participate in a discussion about what disruptive behaviors in youth mean, how to approach those behaviors as parents, school staff, and adults in communities, and how it relates to the School-to-Prison Pipeline. Click here to register.
Diversion Reform – NJDC Provided Resource
The Urban Institute recently released a report Assessing Juvenile Diversions in Kentucky. The report and a summary of key findings and talking points are attached. We hope these resources will be helpful for those of you who are working on expanding diversion and for arguments about stemming system involvement. Please see below for a list of resources.
“From a Lawyer’s View” Wants YOU to Be a Guest Blogger
LaTobia is looking for guest bloggers to contribute to our new series, “From a Lawyer’s View”. Defenders and those in juvenile justice are welcome to write in on topics of their expertise: secure custody, mental health in juveniles, etc! We want to hear from you! We’ll take your tips and blog posts! Reach out to LaTobia here for more information.