12:15 Welcome and Introductions
12:20 Juvenile Rights/Interrogation
Jacquelyn "Jacqui" Greene, UNC School of Government, Chapel Hill
The Fifth Amendment privilege against self-incrimination applies to juveniles, and the law that governs custodial interrogation of juveniles encompasses the Fifth Amendment privilege as well as enhanced statutory protections contained in North Carolina's Juvenile Code. In this session, Professor Greene discusses these protections and privileges in regards to juveniles' rights in custodial interrogation, what constitutes custodial interrogation of a juvenile, who "counts" as a guardian or custodian, and a juvenile's invocation or waiver of their rights under the Fifth Amendment and North Carolina law.
1:20 Break
1:30 Ethical Considerations When Representing a Juvenile*
Judge Stacey Bawtinhimer, NC Office of Administrative Hearings, Raleigh
Judge Karlene S. Turrentine, NC Office of Administrative Hearings, Raleigh
Representation of a juvenile is inherently different from representation of an adult, as minors usually are considered to be under a legal disability, having no right to make legal decisions for themselves. This session provides guidance on ethical issues that come up when representing a juvenile in legal or administrative proceedings, including: attorney/client relationship, communication, confidentiality, scope of representation, allocation of authority, client with diminished capacity, candor toward the tribunal, and duties of a lawyer appointed as guardian ad litem.
2:30 Break
2:40 Building Trauma Informed Juvenile Courts in North Carolina
Chief Judge J. H. Corpening II, NC District Court – Judicial District 5, New Hanover County
The Chief Justice's Task Force on ACEs-Informed Courts was created by Chief Justice Newby in 2021. Adverse childhood experiences and adverse community environments (ACEs) — such as maltreatment, poverty, family violence, racism and discrimination — can have extremely negative impacts on children and increase the likelihood that they will enter the criminal justice system and potentially alter the entire course of their lives. The mission of the ACEs Task Force is to enable judicial branch stakeholders to understand the impact on children of exposure to ACEs, and to develop strategies for addressing those adverse consequences within our courts. Judge Corpening, who has worked with the ACEs Task Force since its creation, discusses its ongoing work in addressing juveniles and ACEs in juvenile courts. This presentation assists attorneys with resources and strategies for representing ACEs-affected juveniles in our court system.
3:40 Adjourn
* Indicates portion providing Ethics/Professional Responsibility credit
Thank you for joining us for the 2023 Juvenile Justice & Children's Rights Section Program.
This annual CLE by the Juvenile Justice & Children's Rights Section is focused on assisting attorneys who represent juveniles in North Carolina in juvenile delinquency, child welfare, family courts, and other legal or administrative proceedings.
Judge Stacey Bawtinhimer is an Administrative Law Judge from the NC Office of Administrative Hearings in Raleigh. She had practiced law for 26 years prior to being appointed as an Administrative Law Judge o, 20 of which she focused on special education law representing disabled children and their families.
Judge Bawtinhimer is a member of the Alaska, Georgia, and North Carolina State Bars, all federal district courts in North Carolina, the Fourth Circuit Court of Appeals and the U.S. Supreme Court. She has filed and/or participated "as counsel" for disabled children in over 100 due process cases filed in the NC Office of Administrative Hearings. In addition, she has appealed special education cases to all three federal district courts and to the Fourth Circuit Court of Appeals.
During her appointment as an Administrative Law Judge for the past 6 years, Judge Bawtinhimer has been responsible for supervising the management of hundreds of special education cases and has presided over most of them.
Judge Bawtinhimer has chaired the Juvenile Justice and Children's Rights Law Section, as well as been a member of the Family Court Advisory and Strategic Planning and Emerging Trends Committees for the NC Bar Association. Currently she is an active member of the Administrative Law, Juvenile Justice and Children's Rights, and Education Sections of the North Carolina Bar Association.
Judge Bawtinhimer has made presentations and webinars on special education law for: the American Bar Association, NC Bar Association, Rainbow PUSH, Alaska Stone Soup P&A, Dyslexia Oregon Assoc., Brody School of Medicine, NC Department of Public Instruction, Duke Law School, Wake Forest University Law School, Legal Aid of NC, Campbell University Law School and College of Education and lectured at the Institute for Special Education Advocacy ("ISEA") at the William and Mary College of Law on ethical issues for children advocates.
Judge Bawtinhimer earned her B.A. from the College of William and Mary and her J.D. from the Georgia State University College of Law.
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Chief Judge J.H. Corpening II began practicing law in Wilmington in 1979 after graduating from Wake Forest University Undergraduate and Law Schools, and spent 12 years practicing law with Carlton Prickett. He has served as a judge in New Hanover and Pender Counties since 1991, and as Chief District Court Judge for more than 10 years. He has served as one of the full time judges in Family Court in New Hanover County since 2000, and in December 2014 transitioned to Juvenile Court full time, hearing all delinquency, abuse/neglect/dependency, and termination of parental rights issues in New Hanover County. In 2018 he completed Juvenile Judge Certification for the second time in his career.
Judge Corpening has served as an instructor at the UNC School of Government on a variety of court related topics for many years. He also has extensive experience in motivational speaking and in developing and delivering leadership development programs, particularly for the Boy Scouts of America at the state, region, and national levels.
Judge Corpening currently chairs the N.C. Child Custody Mediation Advisory Committee, the New Hanover County Child Protection Team, the New Hanover County Juvenile Crime Prevention Council, and serves on the N.C. Court Improvement Program Advisory Committee, the Dropout Prevention Coalition of UNCW, the JCPC for Pender County, the Tri-County Community Collaborative, the New Hanover County Partnership for Fatherhood, the Southeast Area Health Education Center Health Leadership Council on the opioid crisis, the New Hanover County Criminal Justice Advisory Group, the North Carolina Juvenile Jurisdiction Advisory Committee on which he chairs the School Justice Partnership and Minimum Age Study Subcommittees, the Chief Justice';s Regional Judicial Opioid Initiative, the New Hanover County Resilience Task Force Steering Committee, and the Governor's Crime Commission. Judge Corpening currently serves as the co-chair of the NC Chief Justice's COVID-19 Task Force.
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Jacquelyn "Jacqui" Greene is an Assistant Professor of Public Law and Government at UNC School of Government in Chapel Hill. She joined the UNC School of Government's legal faculty in 2018 to focus on juvenile justice. She teaches, advises, and writes about juvenile law as it relates to the juvenile justice system.
Jacqui authored the Juvenile Justice Reinvestment Act Implementation Guide in 2019 and trained juvenile justice stakeholders across North Carolina in this new law that raised the age of juvenile court jurisdiction.
Before coming to the School, Jacqui provided national training and technical assistance on the intersection of juvenile justice, schools, and mental health. She came to that work following 15 years of New York State government service in juvenile justice, including as the Executive Director of the Governor's Commission on Youth, Public Safety, and Justice; and as Director of Juvenile Justice Policy at the New York State Division of Criminal Justice Services. Her work included shaping New York State's "Close to Home" juvenile justice reform initiative, designing fiscal incentives to foster the use of community-based services when appropriate, providing technical assistance to school–justice partnerships, and coordinating reentry system improvement planning.
Jacqui also directly represented children in family court matters, beginning her legal career providing legal services to runaway and homeless youth and continuing to represent young people in a range of Family Court matters in New York State.
Jacqui earned her bachelor's degree in psychology and political science from the University of North Carolina at Chapel Hill and her J.D. from Harvard Law School.
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Michelle FormyDuval Lynch is Staff Counsel at the North Carolina Guardian ad Litem State Office in Raleigh.
Prior to her current position, Michelle was in private practice for over 18 years. She has concentrated in appellate litigation and juvenile law for most of her career. She has been represented clients in numerous appeals to the N.C. Court of Appeals and the N.C. Supreme Court in civil, criminal, and juvenile cases.
Michelle earned her B.S. from East Carolina University, her M.A. from N.C. State University, and her J.D. from the University of South Carolina School of Law. After law school, she clerked for a Chief Circuit Court Judge in Georgetown, SC, and for Judge Robert C. Hunter at the N.C. Court of Appeals. She was in private practice for over 18 years.
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Jared Simmons is a staff attorney in the Legislative Drafting Division of the North Carolina General Assembly in Raleigh. He drafts legislation for the State Budget and various legal areas as requested. He has been a Guardian ad Litem in Wake County since 2016.
Jared is a member of NCBA Juvenile Justice and Children's Rights Section.
Jared earned his B.A. from the University of North Carolina Chapel Hill and his J.D. from Campbell University Norman Adrian Wiggins School of Law. After law school, he clerked at the North Carolina Court of Appeals before joining as staff at the NCGA in 2018.
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Judge Karlene S. Turrentine is a Administrative Law Judge at the NC Office of Administrative Hearings in Raleigh. She was appointed and sworn in on December 15, 2020.
Prior to being appointed, Judge Turrentine was a partner in Kitchen & Turrentine PLLC, specializing in administrative and constitutional law affecting municipal and quasi-municipal government, business law and litigation. Before that, she served for seven years as the Warren County Attorney and general counsel to all County departments.
Prior to going into private practice, Judge Turrentine clerked for two years at the North Carolina Court of Appeals for the Honorable Robert C. Hunter, Retired ("Mountain Bob") and the Honorable James A. Wynn (now of the Fourth Circuit Court of Appeals).
Judge Turrentine earned her B.A., magna cum laude, in English Literature from North Carolina Central University and her J.D. from North Carolina Central University School of Law, both in five years.
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