Juvenile Justice Clinic

About the Clinic

The Juvenile Justice Clinic is either a one or two-semester clinic in which third-year law students represent children accused of crimes. Our cases principally involve the defense of juveniles in delinquency and undisciplined proceedings in Durham and Orange Counties. In this context, students handle a wide variety of felony and misdemeanor cases, ranging from disorderly conduct and joyriding to assault and drug distribution. Students also represent children alleged to be truant, beyond the disciplinary control of their parents, and runaways.

While cases are assigned to individual students, each student works closely with a partner and the pair meets weekly as a team with their faculty supervisor. Within this structure, students research legal theories and defenses, draft motions and legal memoranda, and prepare witness examinations and argument for evidentiary hearings. Students also conduct pretrial and pre-sentencing investigations in which they interview witnesses as well as family members and service providers. Throughout the process, students maintain regular contact with their clients, advising and counseling them at each stage.

Students appear in court frequently and handle all aspects of juvenile court practice and procedure, including detention, probable cause, motions, trial and sentencing. Students regularly negotiate with prosecutors and court personnel on behalf of their clients. When appropriate, students also handle appellate matters.

The Criminal Lawyering Process course, offered in the fall semester in conjunction with the clinic, focuses on North Carolina juvenile law and procedure in order to prepare students for their clinic work. Simulation exercises are used to teach the range of skills involved in juvenile practice. The course also presents for discussion various ethical, strategic and systemic issues that arise in the cases in which the students are involved.

Requirements & Registration

All students in the Juvenile Justice Clinic are required to take Criminal Lawyering Process during the fall semester. This course covers - in a lecture and simulation format - the same skills that are developed in the clinic as well as substantive and procedural law. Trial Advocacy must be taken either before or during the first semester of clinic. All students enrolled in the clinic must attend the mandatory Juvenile Justice Clinic Intensive Weekend held near the beginning of the fall semester.

Registration for the Juvenile Justice Clinic is limited to 3rd year students. A registration meeting for Externship and Clinical Programs is held approximately one month into the spring semester. Notices are posted throughout the Law School and placed in 2nd year students' mailboxes. After the registration meeting, 2nd year students are given several days to return the completed registration form. Please note that students may not enroll in any externship programs if enrolled in the Juvenile Justice clinic.

The Criminal Lawyering Process Class is 3 credits (pass/fail) (Fall).

The Juvenile Justice Clinic is 3 credits (pass/fail) (Fall) and 3 credits (pass/fail) (Spring).

Juvenile Justice Clinic Faculty:

• Assistant Professor Tamar Birckhead
• Clinical Assistant Professor Barbara Fedders

The Criminal Lawyering Process Class is 3 credits (pass/fail) in the Fall.

The Juvenile Justice Clinic is 3 credits (pass/fail) in the Fall and 3 credits (pass/fail) in the Spring.

How We Get Our Cases

The UNC Juvenile Justice Clinic represents juveniles in delinquency cases pending in Juvenile Court in Durham and Orange counties. These cases are referred to the Juvenile Justice Clinic by the Durham Public Defender and the Public Defender for Orange and Chatham counties. Two faculty supervisors assign cases to third-year law students who work in pairs on each case. Students receive close supervision from experienced faculty as they prepare all aspects of the case for court.

Helpful Links

• North Carolina Department of Juvenile Justice: http://www.juvjus.state.nc.us/
• North Carolina court system: http://www.nccourts.org/
• Southern Juvenile Defender Center: http://juveniledefender.org/
• North Carolina Juvenile Defender: http://www.ncids.org/Juvenile%20Defender/JuvDef%20HomePage.htm
• National Juvenile Defender Center : http://www.njdc.info/
• North Carolina Child Advocacy Institute: http://www.ncchild.org/
• North Carolina Bar Association Lawyer Referral Service: http://www.ncbar.org/public/lrs
• Legal Aid of North Carolina: http://www.legalaid.org/
• NC Center on Actual Innocence: http://www.law.duke.edu/innocencecenter/what_we_do.html
• Student Legal Services (for UNC students only): http://www.unc.edu/student/orgs/sls/
• North Carolina General Statutes: http://www.ncga.state.nc.us/gascripts/Statutes/Statutes.asp
• North Carolina Constitution: http://www.ncga.state.nc.us/Legislation/constitution/ncconstitution.html
• Local Ordinances: http://www.unc.edu/student/orgs/sls/pages/additional/local_ordinaces.htm
• Know Your Rights: http://www.unc.edu/student/orgs/sls/pages/additional/know_your_rghts.htm

Frequently Asked Questions

Q: Will the UNC Juvenile Justice Clinic represent me in a criminal matter?

A: The Juvenile Justice Clinic can only accept cases referred to us by an organization or agency with which we have a referral agreement. We do not handle any direct intake from clients who are seeking assistance.

Q: Will the Juvenile Justice Clinic give me legal advice?

A: The Juvenile Justice Clinic can only give legal advice to individuals who are clients of the clinic.

Q: If the Juvenile Justice Clinic cannot help me, can you refer me to someone who might?

A: Yes. Please see the Helpful Links section of the UNC Juvenile Justice Clinic website.