blankShea Denning

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September 15 Omnibus Order Extends Emergency Directives

We have posted regularly during the COVID-19 pandemic about emergency directives entered by the Chief Justice pursuant to G.S. 7A-39(b)(2) that establish procedures and protocols governing the continuing operation of the courts. Last month’s post reviewed the status of directives then in place, noting their varying expiration dates. Last week, the Chief Justice entered an omnibus renewal order, which included all emergency directives currently in effect and placed all but one of them on the same expiration cycle. This post will briefly review those directives and other aspects of the September 15, 2020 order.

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Welcome Back, Tom Thornburg!

A few weeks ago, I had the privilege of welcoming our new colleague Brittany Williams to the School of Government. Today, I have the honor of announcing another colleague’s return to the criminal law fold.  After more than two decades of serving as an administrator at the School – most recently as the School’s Senior Associate Dean — Tom Thornburg has returned to traditional faculty work, where he will focus on magistrates and their needs in the area of criminal law and procedure. Tom will work closely with our colleague Dona Lewandowski, whose work focuses on magistrates’ civil responsibilities.

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Update on Emergency Directives

During the COVID-19 outbreak, Chief Justice Cheri Beasley has exercised her authority under G.S. 7A-39(b)(2) to issue orders imposing 22 emergency directives to ensure the continuing operation of the courts. Such emergency orders expire no later than 30 days from their issuance, though they may be renewed for additional 30-day periods. Because the orders imposing the directives were issued on differing dates, they have expired and have been renewed on differing schedules. The Chief Justice entered the latest renewal order yesterday. This post will review the directives that are currently in place, including those related to the eventual resumption of jury trials.

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Fielding a Few Questions About License Revocations for Failure to Appear and Comply

I wrote last week about the expiration of emergency orders that had temporarily halted clerks from reporting to DMV a person’s failure to appear or to pay monies owed in a Chapter 20 criminal or infraction case.  When DMV receives such a report, it imposes a license revocation pursuant to G.S. 20-24.1, unless the person does one of the following before the revocation goes into effect:

  • disposes of the charge;
  • demonstrates that he or she is not the person charged with the offense;
  • pays the penalty, fine, or costs ordered by the court; or
  • demonstrates to the court that his failure to pay the penalty, fine, or costs was not willful and that he is making a good faith effort to pay or that the penalty, fine, or costs should be remitted.

Someone asked me recently about these sanctions for nonappearance and nonpayment — or incentives for appearance and payment — depending upon one’s perspective. How many revocations are imposed for failures to appear and failures to pay? Do other states have similar license revocation schemes? What other ways exist to incentivize appearance and payment?

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Time is Up:  Failures To Comply Are Once Again Reported

Among the Chief Justice’s early emergency directives and orders to address court operations in light of the COVID-19 outbreak were extensions for the time for paying monies owed in criminal cases. Those directives, which extended the time for doing certain acts in criminal cases and directed clerks to delay the entry of reports of failures to comply, were extended and modified in subsequent orders. The upshot was that defendants ordered to pay sums that would have resulted in entry of a “failure to comply” and the assessment of additional costs (and, in Chapter 20 cases, a report to DMV that would trigger a license revocation) had until July 31, 2020 to pay monies owed without incurring those consequences. That date passed last Friday, so clerks now are entering failures to comply, assessing the $50 in costs and reporting the entry to DMV in Chapter 20 cases.

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New Emergency Directives: Facemasks Now, Jury Trials Later

The Chief Justice entered two new emergency directives last week, requiring people in court facilities to wear face coverings and directing senior resident superior court judges to craft a plan for jury trials to resume in the fall. Face coverings. Face coverings have been required in most public spaces since June 26, 2020 pursuant to … Read more

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2020 Motor Vehicle Legislation of Interest — To Me and the Kids

It is somewhat rare for one of my children to know more about recently enacted legislation than I do. But it happened a few weeks ago when the General Assembly adopted legislation that allows my sixteen-year-old to get his driver’s license without taking a road test.  This post will cover that legislation and other recent amendments to the state’s motor vehicle laws.

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