There’s so much going on around the state that this edition of the news roundup features only North Carolina news. First, the Administrative Office of the Courts has a new director. Judge John Smith, who has led the agency for several years, is stepping down. District Court Judge Marion Warren, from the southeastern part of the state, has been appointed as interim director.
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News Roundup
Nationally, the top story once again centers on Ferguson, Missouri. The United States Department of Justice made two announcements there this week. First, it announced that it would not charge former Ferguson officer Darren Wilson with any federal crime in connection with the shooting of Michael Brown. The memorandum explaining the decision is here. It exhaustively examines the available evidence and concludes in part:
Under the law, it was not unreasonable for Wilson to perceive that Brown posed a threat of serious physical harm, either to him or to others. When Brown turned around and moved toward Wilson, the applicable law and evidence do not support finding that Wilson was unreasonable in his fear that Brown would once again attempt to harm him and gain control of his gun. There are no credible witness accounts that state that Brown was clearly attempting to surrender when Wilson shot him. As detailed throughout this report, those witnesses who say so have given accounts that could not be relied upon in a prosecution because they are irreconcilable with the physical evidence, inconsistent with the credible accounts of other eyewitnesses, inconsistent with the witness’s own prior statements, or in some instances, because the witnesses have acknowledged that their initial accounts were untrue.
Second, the Department announced the results of its inquiry into the operation of the Ferguson Police Department more broadly. That report is here. It hits hard, including this statement from the summary:
Ferguson’s law enforcement practices are shaped by the City’s focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of Ferguson’s police department, contributing to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson community. Further, Ferguson’s police and municipal court practices both reflect and exacerbate existing racial bias, including racial stereotypes. Ferguson’s own data establish clear racial disparities that adversely impact African Americans. The evidence shows that discriminatory intent is part of the reason for these disparities. Over time, Ferguson’s police and municipal court practices have sown deep mistrust between parts of the community and the police department, undermining law enforcement legitimacy among African Americans in particular.
News Roundup
I’m back in the office after a day playing in the snow with my family working from home. I am sure that Chief Justice Mark Martin has been at least equally hard at work, preparing for his upcoming State of the Judiciary address before a joint session of the General Assembly. According to this News and Observer story, the address will be the first of its kind since 2001, is likely to take place on March 4, and is expected to focus on funding for the courts.
News Roundup
Catharine Arrowood, the president of the North Carolina Bar Association, recently wrote this piece about court funding in North Carolina. It’s received considerable attention. The thrust of the argument is this: “[W]hile our population has been increasing by double digits and the technology and tools available to better serve a large and widespread population have been improving, we cut spending on our courts from 3% of our state budget to 2.2%. No wonder too many of our court personnel work extra jobs to make ends meet. No wonder we have been unable to implement a statewide electronic filing and case management system. No wonder we have insufficient money to conduct jury trials and pay court reporters.” The article indicates that the General Assembly may address the funding problem, but contends that structural reforms should also be considered, including moving to a regional, rather than county-based, system. It’s worth a read.
News Roundup
Shea wrote yesterday about the top news around here: the killing of three Muslim university students by a man who lived in the same Chapel Hill apartment complex as the victims. It’s part of a string of tragic events for university students in the state, including the deaths of nine Appalachian State University students since September, the murder of UNC student Faith Hedgepeth in 2012, and, farther back, the killings of student body president Eve Carson of UNC and graduate student Abhijit Mahato of Duke in 2008. Terrible for the students, obviously, and of course crushing for their parents. Tough times.
News Roundup
The General Assembly is gearing up for the long session, and the AOC has a new lobbyist: former Rep. Tom Murry of Morrisville will be the AOC’s “chief legal counsel for governmental affairs,” according to this News and Observer story. Murry is a Republican and an attorney, and his main priority likely will be securing more resources for the courts.
News Roundup
This week saw several interesting developments at the United States Supreme Court, plus the videotaped arrest of a public defender in the hallway of a courthouse.
News Roundup
Last Friday, the Criminal Justice Section of the North Carolina Bar Association presented its annual awards for excellence in prosecution and criminal defense. The prosecutor award went to Assistant United States Attorney Sandra Hairston, who serves in the Middle District of North Carolina and who regularly outlawyered me when I was doing federal criminal defense work. The defense attorney award went to Mark Owens, Jr. of Greenville, who this NCBA press release describes as the “elder statesman” of the Pitt County bar. Congratulations to both winners.
News Roundup
An organization called Concerns of Police Survivors has designated today the first National Law Enforcement Appreciation Day. The organization argues that “[i]n light of recent negativity directed toward law enforcement nationally, there is a need to show law enforcement officers that our citizens recognize the difficult and sometimes impossible career they have chosen, in public service to us all.” It suggests taking steps like thanking an officer, wearing blue, or posting a positive story about police on social media.
Officers have a tremendous amount of power, and as a result face constant scrutiny. In my view, such scrutiny is entirely appropriate. At the same time, it is a great idea to recognize and to be grateful for the many officers who are doing their very best to perform a tough job. Especially given the recent assassination of two officers in New York and the overall increase in officer deaths in 2014 (discussed here in the Washington Post), today seems like a good a day to do so.