The School of Government is seeking to hire a full-time Legal Research Associate. The Legal Research Associate will be responsible for performing legal research, analysis, and writing to support faculty working in the fields of family law, civil law, estates and special proceedings, and judicial authority and administration. The Legal Research Associate will be involved with research, analysis, writing, cite-checking, and other tasks related to two important publications produced by the School of Government: the District Court Judges’ Benchbook and the Clerk of Superior Court Manual Series.

A power of sale foreclosure under North Carolina General Statutes Chapter 45 is intended to provide an efficient and expeditious alternative to a judicial foreclosure. In re Adams, 204 N.C. App. 318, 321 (2010). The authority of a lender to elect a power of sale foreclosure (sometimes referred to as a “non-judicial foreclosure”) typically arises based on an agreement between the borrower and the lender when a mortgage loan is made and is frequently evidenced by the power of sale provision in the deed of trust. Whereas a judicial foreclosure requires the filing of a civil action in district or superior court, a power of sale foreclosure is filed before the clerk of superior court. G.S. 45-21.16(a). A trustee, who is a fiduciary and a neutral party, files a notice of hearing to initiate the proceeding. G.S. 45-21.16(a), (c)(7)b. If after a hearing the clerk finds the existence of six factors, then the clerk enters an order authorizing the foreclosure sale. G.S. 45-21.16(d). The act of the clerk in finding or refusing to find the existence of the six factors is a judicial act. G.S. 45-21.16(d1).

Civil orders and judgments frequently are not entered immediately upon the conclusion of an evidentiary trial or hearing; judges often need time to consider complicated or extensive evidence to decide how to rule, and civil orders and judgments frequently require extensive findings of fact and conclusions of law which take time to reduce to writing. Regardless of what a trial judge may say at the end of an evidentiary trial or hearing, a civil order or judgment is not entered until it is reduced to writing, signed by the judge, and filed with the clerk of court. GS 1A, Rule 58.

What circumstances constitute custodial interrogation in a school setting? Who counts as a guardian or custodian for the purpose of a custodial interrogation of a juvenile? Under what circumstances can a juvenile waive their rights that attach during a custodial interrogation? A new Juvenile Law Bulletin on Juvenile Interrogation is now available as a School of Government publication. The Bulletin details the applicable law that addresses these questions and other issues related to the custodial interrogation of juveniles. You can access it by clicking on the link above.

Consider an attorney who is appointed to represent an indigent parent in a juvenile abuse, neglect, and dependency (A/N/D) proceeding. The attorney reviews the petition which was prepared using form AOC-J-130. Perhaps only the box for neglect is marked but the written allegations mirror the statutory definition of abuse. Or perhaps no boxes are checked but the petition has a prior custody order attached to it. What grounds for adjudication are alleged here? Does it matter what boxes are checked or what portions of a petition are completed? Are magic words or statutory citations required? What if this was a termination of parental rights (TPR) petition where a statutory citation for an alleged ground was not included?