Artificial Intelligence, Government, and the Law: Updates from a Year of Rapid Change

Artificial intelligence (AI) continues to be a focal point for policy debates, legal disputes, and legislative action over the past year, both in North Carolina and across the United States. The pace of AI development keeps accelerating exponentially, forcing lawmakers, courts, and government agencies to consider carefully how they will regulate or use this technology. … Read more

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Trends in Delinquency Complaints and Juvenile Detention Utilization

The 2024 Annual Report issued by the North Carolina Division of Juvenile Justice and Delinquency Prevention (DJJDP) includes descriptive information related to the processing of cases in the juvenile justice system and the use of facilities that serve juveniles.  Highlights include a notable increase in motor vehicle-related property offenses and increased demand for capacity in juvenile detention facilities. This post explores these highlights. All the data included below comes from the 2024 Annual Report unless otherwise noted.

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Supreme Court Grants Certiorari to Address the Constitutionality of Prohibiting Drug Users from Possessing Firearms

18 U.S.C. § 922(g)(3) prohibits the possession of firearms by a person who “is an unlawful user of or addicted to any controlled substance.” Is that constitutional as to a regular marijuana user who is not impaired at the time he possesses a gun? Last week, the Supreme Court granted review in a case that presents that question. The answer has implications for state court, as explained below.

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News Roundup

Thieves broke into a gallery of the Louvre Museum in Paris early Sunday morning, stole some of France’s priceless crown jewels, and escaped on scooters, as reported by the BBC and the NYT. Around 9:30 a.m. (local time), shortly after the museum had opened to visitors, four masked thieves used a vehicle-mounted electric ladder to gain access to a balcony overlooking the River Seine. Two thieves cut through a window with a disc cutter – setting off security alarms – and entered the Galerie d’Apollon, where they threatened security guards and stole items from two display cases. The thieves snatched eight objects, including a sapphire necklace, an emerald necklace, and a diadem worn by Empress Eugénie, the wife of Napoleon III. Read on for more criminal law news.

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New Bulletin on Confidential Informants in North Carolina: Discovery, Audio/Video Recordings, and Motions to Reveal Identity

Law enforcement officers regularly work with Confidential Informants (CIs) when investigating organized crime or building cases against individuals in leadership positions within criminal enterprises. CIs are most commonly involved in drug cases, ranging from high-level trafficking to street-level dealing, but they may also play a role in the investigation of other crimes such as bribery, fraud, or firearms trafficking.

When cases involving CIs make it to North Carolina courts, difficult questions often arise as to how to balance the state’s interest in maintaining the confidentiality of the informant’s identity with the defendant’s rights to a fair trial and open-file discovery. These questions go beyond the traditional binary of whether the CI’s identity should or should not be revealed to the defense. See Roviaro v. United States, 353 U.S. 53 (1957). Especially as technology evolves and CI activity is regularly captured through audio/video recordings, judges must navigate challenging decisions regarding precisely what should be turned over to the defense.

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News Roundup

NBC has this article up about the top national criminal law story of the moment. It notes that “[a] federal grand jury indicted former national security adviser John Bolton on Thursday, making him the third critic of President Donald Trump to face criminal charges in recent weeks.” The article goes on to state that “Bolton was indicted in federal court in Maryland, where he lives and where prosecutors have been investigating whether he improperly retained classified materials after his acrimonious departure from the first Trump administration. The indictment charges him with eight counts of transmission of national defense information and 10 counts of retention of national defense information.” The transmission counts apparently are based on Bolton sending diary-style materials to two relatives. Bolton’s legal team contends that he is innocent and has been unfairly targeted based on his acrimonious relationship with President Trump.

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Disclosure of Child Welfare Records in Cases Where DSS is Not a Party

Child welfare records maintained by a department of social services (DSS) contain sensitive information that parties in various proceedings are often interested in seeing. A complex web of state and federal law governs the disclosure of these records – more than I can cover here. For purposes of this post, it’s sufficient to know that G.S. 108A-80 is a broadly applicable confidentiality statute that applies to DSS and covers client information generally. Absent limited statutory exceptions, G.S. 108A-80(a) prohibits disclosure of information related to individuals who apply for or receive public assistance or social services, including child welfare services.

Child welfare information is also subject to an additional set of confidentiality restrictions under Chapter 7B of the North Carolina General Statutes. For example, G.S. 7B-302 makes information that is obtained by DSS related to a juvenile’s alleged abuse, neglect, or dependency (A/N/D) confidential. Similarly, G.S. 7B-2901(b) requires DSS to maintain confidential records of juveniles it has in its custody. Both statutes provide exceptions to the confidentiality requirement.

This post explores how the exceptions in G.S. 7B-302 and 7B-2901(b) apply when a party—either in a North Carolina civil case where DSS is not a party or in a criminal or delinquency matter—wants DSS child welfare records about someone other than themselves. Note that in this post I use the term ‘DSS records’ to refer to child welfare records maintained by DSS, including those from juvenile A/N/D proceedings.

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