Juvenile Defense Section
Welcome to the Juvenile Defense Section subportal! If you are a member of this section, from this site you will be able to access information available only to Juvenile Defense Section members.
Juvenile Delinquency Law - NC State Bar's Newest Sub-specialty Offering!
GOOD NEWS! Juvenile Delinquency Law is the North Carolina State Bar's newest sub-specialty offering (to the Criminal Law Specialty). The sub-specialty exam will be offered in Fall 2012 so stay tuned for more information from the NC State Bar on this new sub-specialty!

And, a huge shoutout to NCAJ Juvenile Defense Section leaders, John Cox, Julie Willaford, Mary Wilson and Eric Zogry who served as the Advisory Committee to the NC State Bar Criminal Law Specialty Committee and shepherded through the specialization process, from start to finish, to make this sub-specialty a reality. Kudos John, Julie, Mary and Eric!

NCPLS Incarcerated Youth Advocacy Project
North Carolina Prisoner Legal Services, Inc., a non-profit law firm that advocates for prisoners in both civil and post-conviction litigation, is expanding its work into advocacy for North Carolina's incarcerated youth. In 2009 there were 365 youth committed to youth development centers, with an average daily population of 429 youth. In the same year there were 4342 youth confined in local detention centers. Before implementation of the Incarcerated Youth Advocacy Project these inmates had no readily available access to attorneys to examine potential sentencing errors or to investigate constitutionally deficient conditions of confinement.

Incarcerated youth need access to the courts. A 2009 study by the United States Department of Justice cited several North Carolina Youth Development Centers as having unacceptable rates of sexual abuse. A 2009 study by the North Carolina Office of the Juvenile Defender found an unacceptably high rate of sentencing errors that could be corrected by a court. In addition to investigating claims relating to conditions of confinement and representing youth whose sentences may have been wrongfully imposed, the Project will also document the ongoing need to provide youth access to the court by assembling relevant information for policy makers. Project attorneys will work with the Office of the Juvenile Defender and with other stakeholders in and outside of state government to ensure that incarcerated youth are treated fairly, safely, and humanely.

NCPLS is grateful to the Z. Smith Reynolds Foundation for funding the Incarcerated Youth Advocacy Project. The Foundation funds projects in all 100 of North Carolina's counties that involve issues related to community economic development, the environment, democracy and civic engagement, pre-collegiate education, and social justice and equity.

The Incarcerated Youth Advocacy Project is being directed by Wendy Greene, (wgreene@ncpls.org) who has returned to NCPLS after a nine year absence during which she represented various State agencies as an Assistant Attorney General and as in-house counsel. Ms. Greene also brings significant public service experience, having worked for almost 10 years on grassroots community based projects involving youth.

Click here for an informative brochure on the Incarcerated Youth Advocacy Project.

New Report Sheds Light on Law Enforcement Officers in Wake County Schools!
Advocates for Children's Services has issued a new report, linked here, and an associated Press Release about the report, linked here, that calls attention to critical concerns over the use of law enforcement officers in the Wake County Public School System (WCPSS). The report details the human, educational, and financial costs of law enforcement officers in WCPSS, presents models for reform, and provides detailed recommendations for WCPSS policymakers.

The report was co-authored by Jason Langberg, Equal Justice Works Fellow & Staff Attorney at Advocates for Children's Services, Barbara Fedders, Clinical Assistant Professor of Law at UNC School of Law, and Drew Kukorowski, a second-year law student at UNC School of Law.

Please contact Jason Langberg at jasonl@legalaidnc.org with any questions or feedback on the report or suggestions for future research and publications.

"School-to-Prison-Pipeline" Information!
Below please find the information on the School-to-Prison Pipeline contributed by Jason Langberg, Staff Attorney/Everett Fellow from Advocates for Children's Services (LANC) in Durham:

Discipline Dish - Read It Here!
March-April 2011 Issue
January-February 2011 Issue
November-December 2010 Issue

Links to Interesting Articles on STPP
NY Times Article about pending case with Supreme Court of NC
Point/Counterpoint Article about School-to-Prison Pipeline
School-to-Prison Pipeline LANC Website
Youth Accountability Task Force Report - Read It Here!
Please find below a link to the final report of the Youth Accountability Task Force, laying out specific recommendations regarding raising the age of juvenile jurisdiction in North Carolina from 16 to 18.

YATF Final Report

If you have any questions, please contact Eric J. Zogry, Office of the Juvenile Defender, at eric.j.zogry@nccourts.org.

New Law Response Committee Documentation!
Below please find a documentation package put together by the New Law Response Committee regarding 2009 legislation. The package includes:

(1) 2009 Juvenile Legislation - This document provides a summary of 2009 legislation impacting juvenile delinquency law, and provide practice tips for defense counsel.
Click here for 2009 Juvenile Legislation

(2) SB 984 and SB 920 Fact Sheet (Excel Spreadsheet) - This document provide a summary of legislation allowing greater access to juvenile records (i.e., SB 984 and SB 920), and highlights how the new laws change current law.
Click here for SB 984 and SB920 Fact Sheet (Excel)

(3) SB 920 and SB 984 Fact Sheet for Juveniles (in English & Spanish) - This is a user-friendly document that you can review with juvenile clients that provides a summary of how the new law impacts juvenile records. Information is provided in a question and answer format. Questions include: (1) Who will know about my juvenile court history if I get charged as an adult; (2) How will my juvenile record affect me if I am on adult probation; and (3) Is there anything I can do to get my juvenile charges off my record?
Click here for Fact Sheet for Juveniles
About the Juvenile Defense Section
Welcome to the North Carolina Advocates for Justice Juvenile Defense Section! As juvenile defense counsel, we are thrilled that the North Carolina Advocates for Justice has formed a section solely for our practice - the only one of its kind in the nation!

As you may know, the practice of juvenile defense is relatively young, emanating primarily from the U.S. Supreme Court decision In re Gault in 1967. Gault held that, among other constitutional projections, juveniles accused of committing crimes are to be afforded counsel the same as adult criminal defendants. Focus on our area of law has been simmering slowly, with interest developing under the American Bar Association in the 1990's and the eventual creation of the National Juvenile Defender Center in late 2004. In 2003 the ABA, in conjunction with the Office of Indigent Defense Services, released a report, North Carolina: An Assessment of Access to Counsel and Quality of Representation in Delinquency Proceedings, which exposed the shortcomings of juvenile defense counsel statewide. In direct response, the Office of Indigent Defense Services created the Office of the Juvenile Defender, the first organization of its kind in the nation. The Office's goals are to provide services and support to defense attorneys, to evaluate the current system of representation and make recommendations as needed, to elevate the stature of juvenile delinquency representation, and to work with other juvenile justice actors to promote positive change in the juvenile justice system.

But missing from these recent developments in juvenile defense was the development of a community for the defenders; a "clubhouse" where juvenile defense counsel could meet, discuss issues pertinent to our practice, provide continuing legal education, and be a voice for juvenile defense concerns in the political area. Our hope is that the North Carolina Advocates for Justice will provide these services and more.

If you are interested in serving on future committees, or otherwise helping the section grow, please contact Andrea Davis at the North Carolina Advocates for Justice.

We look forward to meeting you soon at an NCAJ event.

Sincerely,
Juvenile Defense Section Leadership
2011-12 Officers
Chair: Mary Wilson (Raleigh)
Immediate Past Chair: Julie Willaford (Roxboro)
CLE Chair: Keith Howard (Durham)
Communications Chair: Julie Willaford (Roxboro)
Legislative Chair: Mary Wilson (Raleigh)
Membership Co-Chair: Dewey Brinkley (Raleigh)
Membership Co-Chair: Erin Graber (Raleigh)
Membership Co-Chair: Ken Harris (Charlotte)
NLD Section Liaison: Brandi Clemmons (Durham)
Publications Chair: Philip Penn (Durham)
Section Listserv
CLICK HERE to access the listserv from Trialsmith. You will be directed to the Trialsmith website and will need to login with your email address (username) and Trialsmith password. If you forgot your password, type in your username and click on "Forgot Your Password?" from the Trialsmith homepage and it will be emailed to you.

The listserv address is: ncaj_juvenile@lists.trialsmith.com

To join the listserv, contact Michelle LaPorte at NCAJ to set-up your listserv account.
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Listserv Membership List Updated February 20, 2012
Section Resources