The law that governs the use of nontestimonial identification procedures in delinquency matters is markedly different than the law that governs use of these same procedures in criminal matters. The Juvenile Code requires a court order prior to the use of most nontestimonial identification procedures, a nontestimonial identification order (NTO) can only be issued in relation to felony charges, there are specific statutes that govern the destruction of resulting records, and the willful violation of the juvenile NTO statutes carries a criminal penalty. This post describes when NTOs are needed, and the procedure that must be followed to obtain them, in matters under juvenile jurisdiction. Continue Reading

Pursuant to GS 50-13.4(c1), the North Carolina Conference of Chief District Court Judges recently reviewed the North Carolina Child Support Guidelines. The Chief Judges considered comments and information from the North Carolina Administrative Office of the Courts in the form of a report from the national Center for Policy Research, recommendations from judges and practicing attorneys across the state, and suggestions from the public during a public hearing held on June 2, 2022. Following this review, the Chief Judges updated the Schedule of Basic Child Support Obligations to reflect current tax rates, the most recent Consumer Price Index and the current federal poverty level. In addition, the Chief Judges adopted a few changes to the substantive provisions of the Guidelines discussed below.

Incapacity to proceed under North Carolina General Statutes (G.S.) Chapter 15A and incompetency proceedings under G.S. Chapter 35A involve, at least in part, a court inquiry into someone’s cognitive abilities. Incapacity to proceed is narrowly focused on a person’s cognition within a criminal legal proceeding. Incompetency is a bigger picture analysis, more broadly focused on the individual’s life and needs, with a bit of forward-looking involved. In that way, incompetency is concerned with both a person’s cognitive abilities and their functioning.

These proceedings are separate and distinct from one another. Yet, if a client has history or present involvement in both, the client’s attorney in one proceeding should know about and understand the other. That attorney may want, for example, to access information or introduce evidence from the other proceeding. The attorney will want to consider issues such as information sharing and confidentiality, and the admissibility or other uses of records from one proceeding in the other.

These issues may be the subject of future posts. First, however, we need to understand incapacity to proceed under G.S. Chapter 15A and incompetency under G.S. Chapter 35A. This post provides a primer on incapacity and incompetency proceedings and compares the standards for each. Continue Reading

Trial court judgments in bench trials must contain findings of fact and conclusions of law. Orders disposing of motions, on the other hand, normally only need findings and conclusions if a party requests that the trial court make them. There are some situations, however, where a trial court should not make findings of fact in an order, even if a party requests them. This is because of the trial court’s particular role in those specific proceedings and the possibility for meaningful appellate review of the trial court’s orders without the inclusion of findings and conclusions. This post explores this exception-to-an-exception regarding findings and conclusions for certain dispositive motions.

Legislation enacted during this past summer is set to take effect soon. S.L. 2022-48 addressing the renewal of domestic violence protective orders and S.L. 2022-47 addressing the process for authorized magistrates to issue ex parte domestic violence protective orders and ex parte civil no-contact orders both take effect December 1, 2022.