Articles in the Uncategorized category - Page 7 of 8

How the Proposed Constitutional Amendment Would Change Judicial Appointments (August 2, 2018)

This November, North Carolina voters will be asked to vote for or against a “Constitutional amendment to implement a nonpartisan merit-based system that relies on professional qualifications instead of political influence when nominating Justices and judges to be selected to fill vacancies that occur between judicial elections.” If voters approve the amendment, what will change about the way judges are selected in North Carolina?

READ POST "How the Proposed Constitutional Amendment Would Change Judicial Appointments (August 2, 2018)"

Social Services Working Group (April 4, 2018)

[This post is co-authored with my colleague, Margaret Henderson]. It was originally posted on the Coates’ Canons: NC Local Government Law blog on March 29, 2018 but is relevant to readers of On the Civil Side as well.

In 2017, the North Carolina General Assembly established the Social Services Regional Supervision and Collaboration Working Group (SSWG) and directed it to develop recommendations related to the social services system (see legislative summary here). The legislation directed the UNC School of Government to convene the group, facilitate the meetings, and provide staff support to the project.

The SSWG’s work is divided into two stages. The group just released the final report for Stage One and is scheduled to present its recommendations to the legislature on April 10, 2018. Stage Two will get underway in May. All of the meeting materials, minutes, and recordings are available online.

There have been quite a few different conversations about social services system reform over the last year or so. As a result, there has been some confusion about the role of the SSWG. This blog post is intended to shed some light on the group’s charge and connect some dots between the work of the SSWG and other elements of system reform that are underway.

READ POST "Social Services Working Group (April 4, 2018)"

Consecutive Sentences for Criminal Contempt (November 3, 2017)

The following post was written by my colleague Jamie Markham and published on the North Carolina Criminal Blog on August 11, 2016.

One of the first posts I wrote on this blog was about the punishment for criminal contempt. The post included a discussion about whether sentences for contempt could be run consecutively—something our appellate courts hadn’t yet ruled on at the time. In State v. Burrow, the court of appeals approved a trial court’s orders sentencing a defendant to six consecutive 30-day terms of imprisonment for contempt.

READ POST "Consecutive Sentences for Criminal Contempt (November 3, 2017)"

Ordering Restitution In A Juvenile Delinquency Case (September 20, 2017)

A district court judge may require a juvenile to pay restitution to a victim as part of the juvenile’s disposition. The court’s authority to order restitution depends on the juvenile’s disposition level and whether the amount of restitution is supported by evidence in the record. The restitution order also must be supported by sufficient findings of fact. This post outlines the required findings and other rules that apply to juvenile restitution orders.

READ POST "Ordering Restitution In A Juvenile Delinquency Case (September 20, 2017)"

District Court Judges Go to Washington (March 31, 2017)

*This post was previously published on the School’s NC Criminal Law Blog on March 29th and we thought it would be of interest to our readers.

A week ago, I sat in the gallery of the United States Supreme Court with twenty North Carolina district court judges listening to Chief Justice John Roberts announce the court’s opinion in Endrow v. Douglas County School District. The unanimous opinion, in which the court reversed the Tenth Circuit’s holding that a child’s Individual Education Plan (IEP) satisfies federal law as long as it is calculated to confer an educational benefit that is “merely more than de minimis” quickly became the topic of questioning later that morning in the confirmation hearing for Supreme Court nominee and current Tenth Circuit Judge Neil Gorsuch. Listening to the Chief Justice explain the court’s reasoning was fascinating, and it was thrilling to have a bird’s eye view as the news traveled through the city and the nation. This experience was just one part of the North Carolina Judicial College’s inaugural Supreme Court Seminar for district court judges, which gave some of our state’s most experienced jurists an opportunity to consider the role of the nation’s highest court and the rule of law in our democracy, and to reflect upon their own judicial role.

READ POST "District Court Judges Go to Washington (March 31, 2017)"