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What happens when the original judge is no longer available?

Questions sometimes arise in criminal cases about whether a new judge may pick up duties initially undertaken by another judge who is no longer available.  Consider the following scenarios.

  1. Trial begins with Judge A presiding. Judge A falls ill on day 3 of trial. May Judge B substitute as the presiding judge?
  2. Judge A presided over a suppression hearing in December 2024, just before her term expired at the end of the year. Judge A announced her ruling in open court and directed the prevailing party to prepare an order containing findings of fact and conclusions of law. Judge A did not sign the order before her term expired. May Judge B enter an order containing findings of fact and memorializing Judge A’s ruling?
  3. Judge A also presided over a probation violation hearing in December 2024. She determined that the defendant violated the terms of his probation, and she modified the judgment, announcing her ruling in court. She did not sign the judgment before her term expired. May Judge B sign the judgment memorializing Judge A’s decision?

The answers to the questions posed above are, respectively (1) yes, (2) no, and (3) maybe. Keep reading to learn why.

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Children and Consent Searches

Some time ago, I received an email from a researcher asking whether a minor may consent to the search of his or her cell phone. The question made me realize how little I knew about children’s authority to consent to searches more generally. So I cracked some law books, and wrote this post as a primer for anyone who may be as uninformed as I was.

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News Roundup

After a two-week evidentiary hearing last February, and closing arguments delivered in August, Superior Court Judge Wayland Sermons Jr. issued a 120-page order concluding that racism significantly affected the 2009 Johnston County trial of Hasson Bacote that resulted in the imposition of the death penalty. Bacote first challenged his sentence fifteen years ago under the now-repealed Racial Justice Act. In his order, Judge Sermons stated that the evidence showed a “consistent picture of the role race has played in jury selection throughout Johnston County and Prosecutorial District 11, and in the capital cases tried by [the] prosecutor…” After Governor Cooper commuted Bacote’s sentence to life imprisonment last December, it was unclear what would happen with the pending litigation. Judge Sermons evidently concluded that it was appropriate to make a ruling, stating that the voluminous “statistical, cultural, historical, social science, and other evidence produced in the [Bacote] case” would serve as a guide to courts considering the particular facts of future cases. Attorneys for the State said they planned to appeal the ruling.

Read on for more criminal law news.

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Jail Credit During a Pending Post-Release Supervision Violation

There are about 10,000 people on post-release supervision (PRS) in North Carolina. Some of them get charged with a new crime. That new charge usually prompts the issuance of a PRS warrant. And when a person is arrested on one of those, it is generally understood that there is no entitlement to bail. So, even if the new charge is relatively minor, the post-release supervisee will often be held in jail until the new charge is resolved. A question that comes up again and again is whether the defendant is entitled to jail credit against the new conviction for the time spent detained on the pending PRS violation.

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Congratulations to Newly Certified Magistrates

For most citizens in North Carolina magistrates are the “first face” of the judicial system. They serve the public with professionalism, continually staying updated on the ever-evolving civil and criminal laws. Teaching magistrates is a very fulfilling part of my job, because they are always eager to learn, and they readily participate in class. In … Read more

News Roundup

Tuesday night, Pam Bondi was confirmed by the United States Senate as the Attorney General of the United States. Bondi previously served as Attorney General of Florida. The Senate voted 54 – 46, with all Republicans plus John Fetterman of Pennsylvania voting in favor of confirmation, and all other Democrats voting against. NPR reports here that Bondi immediately issued 14 memoranda that, among other things, lift the federal moratorium on executions; establish a task force on antisemitism and justice for the victims of Hamas’s October 7, 2023, attack on Israel; and form a working group regarding the weaponization of federal agencies for political ends. Keep reading for more news.

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