A UNC School of Government Blog
Everyone knows the headline results from Tuesday: President Obama was re-elected; Pat McCrory will be the next governor; Republicans control the General Assembly; and Justice Newby narrowly retained his seat. But there are lots of interesting details in the State Board of Election’s preliminary results, here. For example: Every district attorney who ran this year … Read more
Recent changes to G.S. 7A-304 (discussed in my previous post) make it more likely that a judge will impose court costs on a defendant who receives an active sentence. Costs now apply by default in active punishment cases, and they may only be waived upon written findings of just cause. Not surprisingly, a frequently asked … Read more
The N.C. AOC’s website indicates that the current pay rate for jurors in North Carolina is $12 for the first day of service, $20 for days two through five; and if you serve for more than five days, you get a bonus: $40 for every day after day five. [Editor’s Note: I discussed juror pay … Read more
It’s election day, and the various national and state contests have potentially significant implications for criminal law. My rundown of the top races and issues is below, but please weigh in if you think I’m missing something major. Presidential election. Crime and punishment hasn’t been a major focus of the campaign. Some argue that Governor … Read more
Jeff wrote last week about the court costs associated with traffic infractions, which are significant, even for minor traffic offenses. As he mentioned, these costs are not the only financial burden imposed upon drivers found responsible for traffic infractions or convicted of traffic offenses. Drivers who seek representation in such proceedings also incur attorney’s fees. … Read more
Congratulations to my colleague John Rubin, who was just named the Albert Coates Distinguished Professor of Public Law and Government. It’s a well-deserved permanent chaired professorship for John, who has worked tirelessly for many years to improve the quality of indigent defense in North Carolina. In developments outside the ivory tower: The Supreme Court heard … Read more
Following up on Jeff’s post yesterday about court costs and traffic citations, today’s post is about a trial judge’s authority to waive court costs. Under G.S. 7A-304, certain court costs “shall be assessed” in every criminal case where a defendant is convicted or enters a plea of guilty or nolo contendere. Under the pre-2011 version … Read more
Court costs support many different programs and purposes. The principal statute concerning court costs in criminal cases is G.S. 7A-304. (Under G.S. 15A-1118, these costs also apply to infraction cases.) G.S. 7A-304 establishes various court costs for the support of “courtroom(s) and related judicial facilities,” “courthouse phone systems,” “retirement and insurance benefits [for] . . … Read more
For as long as I can remember, parents have worried about adulterated Halloween candy, razorblades in apples, and the like. This concern is exaggerated, but not totally unfounded. Snopes states here that researchers have identified about 80 cases of sharp objects, usually pins, reportedly being inserted in fruit or candy distributed at Halloween. Although most … Read more
In 2012, the N.C. General Assembly enacted new case processing rules for motions for appropriate relief. See S.L. 2012-168. The new rules put the judges on a pretty tight leash in terms of ruling on these motions. Here’s a visual of how they operate: Footnotes: 1. G.S. 15A-1420(b1)(2); see also G.S. 15A-1413(d). 2. G.S. 15A-1420(b2)(1). … Read more