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Virtual Court Proceedings—North Carolina Court Actors Weigh In

During the COVID-19 pandemic, criminal court systems moved to virtual proceedings to maintain essential court operations while minimizing the spread of COVID-19. To understand more about that transition and the lessons it holds for the future, we surveyed North Carolina trial judges, prosecutors, defenders, and clerks of court about virtual court. Our survey included questions … Read more

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New Orange County, North Carolina Bail Reform Initiatives

In late 2020 and early 2021, stakeholders in Orange County, North Carolina implemented new bail reform initiatives. The new initiatives build on earlier efforts. Specifically, stakeholders already had funded a county pretrial services program; adopted an empirical risk assessment tool to inform judges’ pretrial decision-making; established a “strike order court,” affording relief from court non-appearances … Read more

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Promising Results in Two New Bail Reform Evaluation Reports

On January 2020, North Carolina’s Judicial Districts 21 (Forsyth County) and 2 (Washington, Beaufort, Martin, Tyrrell, and Hyde counties) implemented bail reform. In both jurisdictions, reforms were implemented after a collaborative, consensus process. Participants included judges, prosecutors, defenders, magistrates, clerks, law enforcement leaders and others. Judicial District 21 adopted a new decision-making tool to be … Read more

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Nonessential, Nonemergency In-Person Court Proceedings Halted for 30 Days

Today Chief Justice Cheri Beasley entered an order halting most types of court proceedings due to the rising levels of COVID-19. The order was expected. The Chief Justice and McKinley Wooten, director of the Administrative Office of the Courts (AOC), had issued a memorandum to judicial branch employees on Friday notifying them that the order … Read more

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News Roundup

This week Amy Coney Barrett was sworn in as an Associate Justice of the United States Supreme Court.  Barrett took the Constitutional Oath, administered by Justice Thomas, in an evening ceremony at the White House South Lawn on Monday.  On Tuesday morning, Chief Justice Roberts administered Barrett’s Judicial Oath at a private ceremony at the … Read more

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Lessons from the Alamance County Bail Litigation

A federal court Consent Order has been entered in the Alamance County bail litigation. The relief granted in that order and the county’s new local bail and first appearance policies hold important lessons for other North Carolina jurisdictions about the constitutional requirements for local bail systems. Put another way, because the agreed-upon relief and procedures … Read more

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Remote Delinquency Proceedings Not Otherwise Authorized in Statute

Last month I blogged about the one type of delinquency hearing for which remote proceedings are expressly authorized in statute—hearings on continued custody. This blog analyzes the legal and practical considerations for holding other types of delinquency proceedings through the use of audio and video technology. It will provide an overview of the authority to … Read more

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Results from Empirical Evaluation of NC Judicial District 30B Bail Project

After former Chief Justice Mark Martin’s North Carolina Commission on the Administration of Law and Justice issued its final report recommending that North Carolina embark on bail reform pilot projects, North Carolina Judicial District 30B launched the first such project. Judicial District 30B consists of two rural counties in Western North Carolina: Haywood and Jackson. … Read more

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Filing Deadlines Further Extended to Combat COVID-19; Colloquy and Form Available for Remote Proceedings

Chief Justice Cheri Beasley entered an order yesterday extending until June 1, 2020 the time and periods of limitations for documents and papers due to be filed and acts due to be done in the trial courts. The Chief Justice previously had extended to April 17, 2020 the deadline for filings, periods of limitation and … Read more

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COVID-19 and Delinquency Continued Custody Hearings

As we all come to terms with the new reality of social distancing and a global pandemic, the potential health risks for youth and staff in secure custody settings is cause for concern. Staff in a New York City juvenile detention center have already tested positive for COVID-19. The North Carolina Department of Public Safety … Read more