An early post as this is Easter weekend and Friday, OJD will be out of the office (well, the work from home one!). It may not feel like it, but we want to wish everyone a Happy Easter, thank you again for all that you do and to enjoy the weekend.
TIP OF THE WEEK
Tip of the Week – Secure Custody and Burden of Proof
If you have a client being held on a secure custody order – remember it’s the STATE’s burden to prove to the court, by clear and convincing evidence, that the juvenile should remain in custody AND no less intrusive alternative will suffice (§7B-1906(d)). That means it’s not the court counselor’s role! Ask the court for less restrictive means, for example electronic monitoring or house arrest. If the court finds that your client should remain in custody, the court is bound by the criteria in §7B-1903 and must make written findings of fact.
Resources
ABA Civil Rights and Social Justice Section held their Reentry Planning for COVID-19 Releases webinar program and have posted those materials online for review. Click the link for the discussion with panelist Rebekah Almanzar, Stacey Borden, Wendy Petersen, Kate Vesely, and Malia Brink. This is part of a multi-series presentation surrounding the impact of COVID-19 and criminal justice. You can register for the next series with the ABA here.
HAVE A GREAT (and SAFE) WEEKEND!
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