2021 Changes to North Carolina’s Expunction Laws
As in recent sessions, the General Assembly remained active in revising North Carolina’s expunction laws. The biggest changes came in S.L. 2021-118 (S 301), as amended by section 2.3 of […]
December 6, 2021
Remote Testimony by Lab Analysts Authorized in District Court Prosecutions – Even Without Defendants’ Consent
The United States Supreme Court held in Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), that sworn forensic reports prepared by laboratory analysts for purposes of prosecution are testimonial statements, rendering […]
December 2, 2021
Interim Pattern Jury Instructions for Substitution of Alternate Jurors Are Available
This legislative session, the General Assembly amended G.S. 15A-1215(a), effective October 1, 2021, to permit an alternate juror to replace a regular juror after deliberations have begun. S.L. 2021-94 (discussed […]
December 1, 2021
Rules of Conduct Created for North Carolina Magistrates
Following years of discussion and drafts, a formal Rules of Conduct for Magistrates was promulgated by the North Carolina Administrative Office of the Courts (AOC) effective October 1, 2021. Statutory […]
November 29, 2021
North Carolina’s First Appearance Process Amended for Second Time in this Legislative Session
In this earlier blog post, I discussed changes made to North Carolina’s first appearance process, to be effective for criminal processes served on or after December 1, 2021. Additional amendments […]
November 23, 2021
Grappling with Juror Discrimination, 35 Years After Batson v. Kentucky
Note from John Rubin: I regret to report that Emily Coward is leaving the School of Government. In her nine years at the School as part of our Public Defense […]
November 16, 2021
New Video on Working with Experts
I’m pleased to announce a new collaboration between the Public Defense Education team at the School of Government and Indigent Defense Services. I frequently get questions from defense lawyers about […]
November 8, 2021
New SOG Bulletin: “When and How Criminal-Defense Attorneys Can Obtain Access to Confidential Child Welfare and Juvenile Abuse, Neglect, and Dependency Records”
I am happy to announce the publication of my new bulletin, “When and How Criminal-Defense Attorneys Can Obtain Access to Confidential Child Welfare and Juvenile Abuse, Neglect, and Dependency Records.” […]
November 3, 2021
Final Report: Judicial District 2 Bail Project
In January 2020, North Carolina’s Second Judicial District (Beaufort, Hyde, Martin, Tyrrell, and Washington Counties) implemented two consensus bail reform initiatives. First, they implemented a structured decision-making tool for magistrates […]
October 25, 2021
Updated Model Local Bail Policy
The North Carolina General Statutes require the senior resident superior court judge to, in consultation with the chief district court judge or judges, issue a local bail policy. G.S. 15A-535(a). […]
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