CJDC Releases Review of Colorado Supreme  Court Decision "Ybanez v. People 2018 CO 16"  
Justice Coats authored the opinion. The decision was unanimous, however, only four Justices signed off on it as Justices Hood, Gabriel and Hart did not participate. Nathan Ybanez, a juvenile, was represented by private counsel on charges of killing his mother. Ybanez's father selected and hired Ybanez's counsel. Later, Ybanez's father served as an important prosecution witness. Ybanez was convicted of first degree murder (after deliberation) and sentenced to life without the possibility of parole. He did not appeal.
 
Ybanez did file a 35(c) petition alleging that his trial attorney was ineffective by failing to present an objectively reasonable defense to deliberation murder. He presented expert testimony from a forensic psychologist that Ybanez killed his mother during a "catathymic crises" - a reflexive outpouring of uncontrolled rage caused by the past abuse of his father. He alleged that his lawyer did not raise this defense at trial because he did not want to embarrass Ybanez's father with evidence of abuse since his father had paid counsel's fees. He also alleged that the trial court erred in not, sua sponte appointing a Guardian Ad Litem (GAL). And, he argued that he was entitled to an individualized determination concerning the length of his sentence. The District Court denied these claims and the Supreme Court affirmed.

CJDC released a review of this decision TODAY.  Read and download the full report 
HERE.
6th Annual Excellence in Juvenile
Defense Conference is Full
We are partnering with the Office of the Alternate Defense Counsel (OADC) and the Colorado Office of the Child's Representative (OCR) for our annual two-day, multi-track  Excellence in Juvenile Defense Conference on April 26th and 27th.

Due to limited capacity, the conference is full, with a wait list.  If you are interested in being added to the wait list, please reach out to CJDC via phone at 303.435.7232 or email us at admin@cjdc.org.  

Six sessions of the conference will be recorded and made available as a home study CLE after the training.  Stay tuned for details on how to order your home study recording. 
Juvenile Competency Bill HB 18-1050
Signed into Law


Read entire House Bill 18-1050 language online HERE
A new bill addressing juvenile competency, HB18-1050, became law on March 22, 2018. It applies to acts committed on or after July 1, 2018 and recognizes that mental incapacity, in addition to developmental or mental disability, may render a juvenile incompetent to proceed. Mental incapacity cannot be established by age alone; the court must find that the juvenile lacks the relevant capacities for competence.
 
The bill empowers the following people to raise the question of a juvenile's competency:
  • Defense lawyers;
  • Prosecutors;
  • Parents;
  • GALs;
  • Probation officers;
  • The court on its own motion.
When competency is raised, the court may either make a preliminary finding on the question or order an evaluation. If the court makes a preliminary finding, both the prosecution and defense have the right to timely demand a hearing. If the court orders a competency evaluation, it must take place in the least restrictive setting commensurate with public safety and the best interests of the child. The bill specifically recognizes that such an evaluation may occur at the juvenile's home or in a community placement. Only those psychiatrists or psychologists who meet the law's requirements may perform a juvenile competency evaluation.
 
If the evaluation opines that the juvenile is not competent but capable of restoration, the court must stay the proceedings and order restoration services, which must be reviewed every 90 days if the juvenile is at liberty and every 30 days if the juvenile is detained. However, the bill allows a court to find that the proposed restoration services are not justified.
 
Following a hearing and finding that the juvenile is restored to competency, the delinquency case progresses. The court may refuse to credit any time spent in custody during restoration to any sentence ultimately imposed.
 
This new law raises important questions and juvenile defenders need a thorough understanding of its provisions and implications to provide effective representation to kids who may be incompetent to proceed. CJDC is designing a training on this new law that will be held later this year.  Watch CJDC's website, Newsletter, and Facebook page for details as they become available.
3rd Edition Colorado
Juvenile Defense Manual is Here!

In 2013, we published the first  Colorado Juvenile Defense Manual which included 26 chapters on topics ranging from first appearances to school interrogations to special education. In 2015, we added 129 pages of information, including new chapters on expungement, sex offender registration and deregistration, and school discipline cases. Our 716-page 3rd edition manual, which introduces myriad case law and legislative updates across its 28 expansive chapters has arrived!

Order your 3rd Edition Colorado Juvenile Defense Manual online HERE!
Community Events and Training

Pushing Back on Gang Databases and Injunctions Webinar 

April 10, 2018
10:00-11:00am
Register HERE

While local, state, and federal gang databases and injunctions have been in existence for years, the recent heightened anti-immigrant climate and tough-on-public safety rhetoric make them a point of pressing concern for all youth justice advocates. Gang databses and injunctions raise significant concerns about racial disparities, violations of youth privacy, due process, and lack of accountability. California has taken a series of actions to mitigate the dangers of these law enforcement tools, and most recently passed AB 90, which places a moratorium on the use of shared gang databases until issues exposed by a state audit are addressed and blocks federal law enforcement access to shared gang databases for immigration enforcement. NJJN member Kim McGill, organizer with the Youth Justice Coalition, will discuss her successful advocacy over the years in pushing back on gang databases and gang injunctions in California.

Overcoming the Collateral Consequences of Juvenile Court Involvement

April 11, 2018
11:00-11:30am
Register HERE

Difficulty obtaining housing, employment, and education: the collateral consequences of involvement with the criminal justice system are well known. But many youth who have been involved in the juvenile court system face these same barriers. A partnership between juvenile defenders and civil legal aid can give youth the comprehensive legal representation they need to overcome these collateral consequences.

The April 2018 episode of the Advocacy Exchange, a monthly conversation with advocates advancing change will talk with a juvenile defender and a civil legal aid attorney who have partnered with their counterparts to represent youth facing the collateral consequences of juvenile court involvement.  Serena Holthe, Special Counsel, Post-Disposition at the National Juvenile Defender Center, and  Sabrina Forté, Staff Attorney at Bay Area Legal Aid's Youth Justice Project, will explain how these partnerships work and why they are effective.


Working with Immigrant Children and Families CLE and Happy Hour

April 11, 2018
5:00-7:00pm
Register for the CLE HERE
Register for the Happy Hour HERE

This CLE, hosted by the Colorado Bar Association Immigration and Juvenile Law sections, will cover special immigrant juvenile status; unaccompanied alien children (UAC); other options available to children including acquired or derived citizenship, VAWA, U visas, and asylum; working with parents; and resources. 

CJDC 10th Anniversary Celebration & Fundrasier

April 26, 2018
5:00-8:00pm
Register HERE

CJDC is celebrating 10 years of advocacy! Join us from 5-8pm on Thursday, April 26 for an evening of cocktails, appetizers, and award presentation for the 2018 Juvenile Defender, Social Worker, and Volunteer of the year. 

CJDC was founded in 2008 by a volunteer group of attorneys seeking to improve the quality of indigent juvenile defense.  We strongly believed our profession needed to be held accountable to the disadvantaged populations we serve, and that included engaging in improved practice of law and systems reform.   CJDC obtained 501(c )(3) status in 2010 and we are now celebrating our 10th year of successful juvenile defense and youth justice advocacy.


Blueprints for Healthy Youth Development Conference 

April 30- May 2, 2018
Westminister, CO
Register HERE

The Blueprints Conference disseminates knowledge designed to bridge the gap between research and practice by bringing together research scientists, prevention experts, program designers, policy-makers, community leaders, advocates, practitioners and funders to share ideas and learn about evidence-based programs to prevent problem behavior and enhance positive youth development. In addition to presenting information on a number of evidence-based programs, the conference provides information on policy and implementation practice. We are fortunate to have some of the industry's top speakers join us at each of the Blueprints Conferences and always look forward to learning from their experiences.


CJDC Policy Committee Meeting

May 4, 2018
9:30-10:30am 
Justice Java
1300 Broadway
Denver, CO 80203

CJDC is engaged in policy and legislative reforms to bring balance back to Colorado's juvenile justice system and improve outcomes for children, youth, and families.  Attend
 our next meeting to get involved with our 2018 policy reform work.  
CJDC's  Policy Committee is chaired by Andrea Philleo who can be reached via email at  andreaphilleo@yahoo.com.

Chained Voices 2018 Art Show

June 8-9, 2018
4:00-8:00pm
Art of Life Gallery
More information HERE

Chained Voices art shows enable many incarcerated artists to showcase their artwork while raising awareness and funds for various needs they face as incarcerated youth and adults. Many of the artists were convicted as juveniles. The Chained Voices community believes it is incredibly important to continue this opportunity for artistic expression, awareness and consciousness raising. Chained Voices shines light onto the issues that incarceration creates for individuals, families and communities by giving those incarcerated voices a chance to speak through their art.

81st Annual NCJFCJ Conference

July 22-25, 2018
Hyatt Regency Denver
Register  HERE

Join the National Council of Juvenile and Family Court Judges in Denver, Colorado for the 81st Annual Conference that features presentations on current and cutting edge topics that will inspire, provoke, and precipitate discussions about issues facing the juvenile and family court system. Plenary sessions highlighted by topic specific training tracks on family law, juvenile justice, child welfare, and family violence; as well as tracks featuring practical and innovative solutions are just the beginning of the educational offerings of the NCJFCJ's 81st Annual Conference.
Thank You to Our Sponsors

Youth Justice Hero Sponsors
Hardy & Juba, LLC
David Graham & Stubbs
Polansky Law Firm

Youth Justice Advocate Sponsors
Peter Albani Law
Contiguglia Law Firm
Lindy Frolich
Patrick Vance

Youth Justice Partner Sponsors
Stacie Nelson Colling
Churches for Middle East Peace
The Noble Law Firm, LLC
Leslie Krueger-Pagett
Jennifer Stinson Law
Amy Trenary
Evan Zuckerman Law

Youth Defender Couple Sponsors
Amanda & Travis Butler
Jana & Jim Cuneo
Diane & Jim Kristie
Andrea & Brad Philleo
Jackie & Art Souverein

Underwriters
Kaspo Inc.
Our Mutual Friend Brewery
STEM Ciders
Free Training & Technical Support 

As a Training and Technical Assistance (TTA) provider for the Department of Justice's Office of Juvenile Justice and Delinquency Prevention (OJJDP), CJDC is acting as a regional resource center for juvenile defenders.  

If you are looking for training support, have a training need in your area, or need assistance in developing specialized CLE offerings for juvenile defense counsel, you can request assistance through OJJDP's TTA program HERE.