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Roles and Responsibilities of the Chief Justice

When I wrote about down-ballot election results a few weeks ago, I said that the election for Chief Justice of the North Carolina Supreme Court was too close to call. That remains the case. Current Associate Justice Paul Newby has a 409 vote lead over current Chief Justice Cheri Beasley and a recount is underway.

Most people know that the Chief Justice is one of seven jurists on the North Carolina Supreme Court and that, like his or her fellow Associate Justices, the Chief Justice is elected to serve an eight-year term. Given the pandemic, many may also be familiar with the Chief Justice’s authority in response to catastrophic conditions to extend deadlines and periods of limitation and to issue emergency directives necessary to ensure the continuing operations of the courts. G.S. 7A-39. Readers may, however, be less familiar with other aspects of the Chief Justice’s authority and responsibilities that are essential to the administration of justice. The remainder of this post will highlight some of these lesser known roles and responsibilities, particularly as they relate to criminal proceedings.

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Appointment of Attorneys in Juvenile Transfer Cases

How does the appointment of counsel to represent juveniles with cases that are transferred to superior court for trial as adults work? This can be a confusing question to answer given that the legal authority for the appointment of counsel changes at the time of transfer, there are important immediate legal issues following transfer, and there are so many different ways in which indigent defense services are provided across North Carolina. This blog will (1) identify the law that governs appointment of counsel when cases are in juvenile court and following transfer, (2) share recently released guidance from the N.C. Office of Indigent Defense Services (IDS) regarding appointment of counsel in matters that are transferred, and (3) suggest a procedure that could be followed to ensure that the rights of juveniles regarding appeals of transfer orders and conditions of pretrial release are ensured.

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Annual Report from the North Carolina Judicial College

The North Carolina Judicial College was founded in 2005 to expand the education and training the School of Government has provided for judicial branch officials since the 1930s. Judicial College funding has enabled the School to provide more courses for a growing court system and to offer training in small group, interactive educational settings. Much … Read more

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Reflections on Race and Justice: A Video Series from the NC Judicial College

Following the killing of George Floyd, several of North Carolina’s judicial officials joined others across the state and nation in sharing their personal experiences and perspectives on racism, bias, and disparate treatment and in calling for improvements to our justice system. Wake County District Court Judge Ashleigh Dunston recounted in her Fall 2020 State Bar … Read more

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News Roundup

Houston news outlet FOX 26 recently highlighted a new report from the Lyndon B. Johnson School of Public Affairs at UT Austin that examines COVID deaths in Texas prisons and jails, where the positive test rate is 490% higher than the rate in Texas as a whole.  There are a number of notable findings in the report, including that 80% of people who died from the virus in jails were pretrial detainees and that nine people died after being approved for parole but before they were released. Slightly more than 10% of the people who have died in association with Texas correctional facilities were staff members.  The full report is available here.  Keep reading for more news.

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Sheriffs’ Association Releases Report Recommending Giglio-Related Reforms, Among Others

Last week, the North Carolina Sheriff’s Association released a 31-page Report on Law Enforcement Professionalism recommending numerous law enforcement reforms. The report, created by a working group formed after the killing of George Floyd and the public outcry for policing reform that followed, is part of “an effort to create a law enforcement profession that will not tolerate racism and excessive force by law enforcement, and that will hold North Carolina law enforcement to a high standard.” (Report at 5.) Changes are recommended for officer certification and de-certification, training, agency accreditation, use of force policy and data collection, and recruiting and retention. The document, which, among other things, contains the most comprehensive description of the training and education requirements for law enforcement officers I’ve ever seen, is worth reading in its entirety. This post focuses only on one aspect of the report: recommendations that would enable hiring authorities, certifying commissions and state prosecutors to learn of misconduct by officers, including untruthfulness, that would impair the officer’s credibility as a witness in criminal prosecutions and which must be disclosed to the defense.

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Possession of Fentanyl

In keeping with my recent work in the Chapter 90 realm, here is another issue, presented in pop quiz form. Without peeking at the statutes:

What is the appropriate charge for a possession-only amount of fentanyl?

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News Roundup

The Greensboro News & Record reports that jury trials resumed this week in Guilford County after a nearly eight-month suspension due to the ongoing coronavirus pandemic.  The News & Record story discusses the difficult balance Guilford and other jurisdictions across the state are trying to strike as they grapple with a backlogged trial calendars amid increasing virus infection rates.  Keep reading for more news. 

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