Jonathan wrote last month about reform-minded sheriffs in North Carolina and the actions they can and cannot take with respect to enforcement of federal immigration laws. Reform-minded prosecutors also have been in the news of late. Prosecutors in St. Louis and Kansas City announced last year their plans not to prosecute marijuana possession cases, subject to certain exceptions. Boston’s newly elected district attorney, Rachel Rollins, campaigned on a promise to decline to prosecute fifteen enumerated charges, including shoplifting, larceny under $250, trespassing, and stand-alone resisting arrest charges, absent exceptional circumstances. Closer to home, new Durham district attorney Satana Deberry has said that she does not want her office to prosecute misdemeanors or low-level felonies that originate in schools. The national discussion about these and other suggested reforms has included debate about the extent of district attorneys’ discretion to determine which cases will be prosecuted in their districts. Just what are the duties of a district attorney in North Carolina? And how much discretion may a district attorney exercise in carrying out those duties?
With the work of the court system picking up steam after its holiday pause—perhaps with an additional interruption for winter weather in some parts of the state (stay safe, everyone)—questions are rolling in about the new notice and hearing procedures for waivers and remissions of costs, fines, and restitution.
Among the opinions filed by the North Carolina Supreme Court last Friday was an order captioned “In the Matter of District Court Administrative Order.” Without providing any factual background regarding the order, the court vacated in “each and every respect” an administrative order entered April 25, 2011 by “Judge Jerry A. Jolly in District Court, … Read more