Today, we want to highlight one of the people who truly brings the School of Government’s mission to life. After more than 30 years of service to the UNC School of Government, Professor John Rubin is retiring. He leaves an extraordinary legacy as a revered teacher, trusted advisor, renowned author, and mentor. As the first faculty member to work on public defense in North Carolina, John created the Public Defense Education program.
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Civil Domestic Violence Protective Orders: Recent appellate opinions addressing the duration of orders and defining “mutual” orders
The North Carolina Court of Appeals has issued opinions recently that address two important issues relating to Chapter 50B DVPOs, the effect of repeated continuances of an ex parte order on the duration of the final DVPO, and the additional findings required when the trial court enters “mutual” DVPOs.
Effect of continuances of ex parte orders on the duration of the final DVPO
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The 2025 Abuse, Neglect, Dependency – TPR Manual and Updated “Candyland” Are Here with a Bonus Bulletin on Rule 17 GALs in Juvenile Cases
On behalf of myself and my colleagues, we are excited to announce the availability of three new resources addressing abuse, neglect, dependency (A/N/D), and termination of parental rights (TPR) proceedings. We hope these resources assist you in your work, which we know is challenging.
- Abuse, Neglect, Dependency, and Termination of Parental Rights Proceedings in North Carolina (2025 ed), by Sara DePasquale and Caitlin Little
The 2025 edition of the A/N/D Manual is now available at no charge on the SOG website on its own microsite (or landing page). This edition, which has a green cover, replaces the 2023 (orange cover) edition and is current through December 31, 2025. This new edition includes 89 new appellate opinions, the numerous and significant legislative changes that were made impacting child welfare, as well as changes made on the federal level – all since January 1, 2023. Please stop using your orange (or even older) edition, as it is outdated. Embrace the green!
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The Elective Share, Part Two–How to Claim It
Welcome to part two of my series on North Carolina’s elective share. In part one of this series, we discussed what the elective share is and how it works to prevent a surviving spouse from being disinherited. In this part, we will delve into the process of filing a claim for elective share, highlighting the changes to G.S. 30-3.4 that went into effect on January 1, 2026 as a result of Session Law 2025-33, Part X.
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New Bulletin on Delinquency Jurisdiction over Juveniles and their Parents, Guardians, and Custodians
I am happy to share a new resource with you: Delinquency Law: Original Juvenile Jurisdiction and Juvenile Jurisdiction over Parents, Guardians, and Custodians. This new Juvenile Law Bulletin (1) describes the current law of original juvenile jurisdiction; (2) provides a guide to the law of original juvenile jurisdiction based on offense dates between 2019 and 2024; and (3) describes juvenile jurisdiction over parents, guardians, and custodians of juvenile respondents in delinquency proceedings. Selected highlights from the Bulletin are provided below. Continue Reading
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Answers, Appearances, and General Appearances: Important Distinctions for Avoiding Default
I have written before about entry of default and default judgments under G.S. 1A-1, Rule 55. My colleagues have also written about general appearances. But the word “appearance” in the default judgment context can be perplexing, so this post aims to untangle this and other often-confused terms.
For simplicity, this post will refer to the party seeking default judgment as the plaintiff and the party against whom default has been entered as the defendant, but defendants can also seek default judgments against plaintiffs on counterclaims. Rule 55(e).
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From the Street to the Courtroom: The Magistrate’s Role in Post-Towing Hearings
Anyone who has driven on the highways of North Carolina has seen an abandoned vehicle or two on the side of the road, often with a bright orange sticker on one of the windows. This sticker indicates that the vehicle will be towed under the direction of a law enforcement officer if the vehicle is not removed. Due process requires that a person whose car has been towed in this circumstance is entitled to notice and a speedy court hearing before a magistrate to determine whether probable cause existed for the towing, which ultimately determines who is responsible for the towing fees. G.S. Ch. 20, Art. 7A. This blog post will explore towing under the direction of law enforcement, when a post-towing hearing is allowed, when it is not, and how the magistrate follows the procedures. This post does not address towing directed by private parties for unauthorized parking on privately owned property, such as apartment complexes or business parking lots.
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Congratulations to Newly Certified Magistrates
Magistrates are often referred to as the “first face” of the judicial system. They are critical to upholding the due process rights of North Carolina’s citizens. One of the best parts of my job is the opportunity to train magistrates in their civil law duties.
Magistrates must complete 12 hours of training each year, which includes annual instruction in seven required subjects. They include (1) setting conditions of pretrial release, (2) impaired driving laws, (3) issuing criminal processes, (4) issuing search warrants, (5) technology, (6) orders of protection, and (7) summary ejectment laws. GS 7A-177.
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Discovery in Delinquency Cases
The Juvenile Code provides explicit procedure for discovery in juvenile delinquency matters. This procedure does not mirror the law that governs discovery in criminal matters. The statutes also do not address the constitutional obligation for disclosure of certain exculpatory evidence under the standard established in Brady v. Maryland, 83 S.Ct. 1194 (1963). This post explains both the statutory framework for and constitutional obligation regarding discovery in delinquency cases. Continue Reading
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The Elective Share – What is It?
This blog post will be the first in a three-part series on North Carolina’s elective share law. The first post will review what an elective share is and how it works, and the second and third posts will focus on recent updates to the elective share statute that became effective on January 1, 2026 pursuant to Session Law 2025-33, Part X. Those subsequent blog posts will focus on procedural changes and updates to valuation rules.
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