Recent blog posts

Carolina Public Press reports that last week three current and former employees of the Cherokee County Department of Social Services were indicted on a range of charges arising from an alleged “yearslong Cherokee County DSS practice that separated children from their parents without the oversight of a judge.” Former Cherokee DSS director Cindy Palmer (who now is the department’s business officer), former Child Protective Unit supervisor David Hughes, and the department’s former attorney, Scott Lindsay, were charged with various felonies and misdemeanors arising from the practice.  Keep reading for more on this story and other news.

Today’s post shares a short paper on restitution that I recently prepared for the Conference of District Attorneys. I thought it might also be useful to other audiences.

The Juvenile Jurisdiction Advisory Committee (JJAC) met on May 15^th. The meeting began with a presentation from William Lassiter, Deputy Secretary for Juvenile Justice. While the goal of the presentation was to provide data on trends since implementation of raise the age and the resulting resource needs, the presentation included information and data about juvenile justice system trends during this unprecedented pandemic. The data left me wondering—can changes in juvenile justice system utilization during the pandemic teach us lessons for the functioning of the system outside of a pandemic?

This post summarizes opinions issued by the North Carolina Court of Appeals on May 19, 2020.

This week several North Carolina news outlets jointly reported that a nurse at Caswell Correctional Center, Barbara Anne Stewart, died earlier this month after testing positive for the coronavirus.  Stewart, who fell ill in late March, had worked for the Department of Public Safety for more than 25 years according to the report.  The North Carolina Department of Labor now is investigating her death, including examining whether any violations of health and safety standards contributed to her illness.  Keep reading for more news.

This post was updated on May 22, 2020 to include discussion of a May 21, 2020 order extending deadlines in criminal cases and a May 14, 2020 order from the North Carolina Supreme Court. 

Chief Justice Cheri Beasley entered an order today imposing eight new emergency directives (Directives 9 -16) to address court operations during the COVID-19 pandemic. The Chief Justice entered a separate order extending time for documents to be filed and acts due to be done in criminal cases in the trial courts.

As the courts expand operations in the coming months, they’ll likely be holding probation violation hearings on cases where the probation period has already expired. A case decided by the Court of Appeals yesterday offers some insight into the type of findings needed to give a court jurisdiction to act.

I am happy to announce that today is Ian Mance’s second day as a Resource Attorney with the Public Defense Education group at the School of Government. For the next six months, Ian will serve as an educational resource for attorneys representing indigent defendants and respondents regarding the impact of COVID-19 on the courts and criminal justice system. You can reach Ian, pictured below, at mance@sog.unc.edu. Please let us know the issues you believe need to be addressed.

My colleagues and I usually spend the waning weeks of May slogging through months of appellate opinions, determining which cases merit discussion at upcoming summer conferences. This year, of course, […]

The Los Angeles Times reported late Wednesday night that federal law enforcement agents seized North Carolina Senator Richard Burr’s cellphone while serving a search warrant at Burr’s Washington, D.C., residence.  The LA Times report also says that agents served a warrant on Apple in recent days to obtain information from Burr’s iCloud account.  The search warrants come as an investigation intensifies into whether Burr profited off of nonpublic information about the coronavirus in the early days of the pandemic by selling significant investment holdings prior to the downturn in the stock market.  On Thursday morning, Burr announced that he would step down as Chairman of the Senate Intelligence Committee.  Keep reading for more news.