We are pleased to announce that the 2021 Edition of the North Carolina Trial Judges’ Bench Book, District Court, Vol. 1 Family Law, is available for purchase on the School of Government’s website. Each of the ten chapters set out below has been updated to include statutory changes and appellate opinions issued after September 2018 and through October 2021. Checklists are included for chapters Postseparation Support and Alimony, Child Support, Child Custody, and Equitable Distribution and are also compiled in a Checklists category at the end of the Volume.
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When can a judge sign an order or judgment for another judge?
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.
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Almost Everything, But Not Quite: What’s a General Appearance Again?
This blog post considers yet another aspect of personal jurisdiction, or the authority of a court over the parties before it. One of the elements of personal jurisdiction is effective service of process—the service of the documents initiating a civil lawsuit. Objections to a court’s exercise of personal jurisdiction because of a defect in service of process are extremely common, as are other defenses challenging personal jurisdiction. A party can waive these defenses, however, by making what is termed a general appearance in the matter. A recent case in the North Carolina Court of Appeals, Blaylock v. AKG North America, affirmed the dismissal of a civil lawsuit because of a failure to achieve service of process. In doing so, it answered a question of first impression regarding general appearances and personal jurisdiction—specifically, whether notice of removal of a case to federal court qualifies as a general appearance.
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New Juvenile Law Bulletin on Juvenile Interrogation
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.
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Procedure in Juvenile Homicide Cases
How does a case proceed when a juvenile is charged with a homicide offense? In classic lawyer fashion, the answer is that it depends. In almost all instances, the case will begin as a juvenile matter. However, the path the case follows once the juvenile case begins, and whether the case is ultimately adjudicated as a juvenile matter or prosecuted as a criminal matter, depends on the age of the juvenile at the time of the offense and the specific offense charged. Continue Reading
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You are on Notice: Pleading Requirements, a Recent N.C. Supreme Court Opinion, and Parent Representation
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?
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Beyond jurisdiction: service of process, statutes of limitations, and the uninsured motorist carrier exception
Service of process—service of the documents initiating a civil lawsuit—is a frequent issue of concern for judicial officials and practitioners. Typically, we are concerned about service of process because it is one of the necessary elements of personal jurisdiction. A defect in the manner of service or in the process itself (i.e., the initiating documents) can prevent the court from exercising jurisdiction over the person purportedly served. Questions about service of process and personal jurisdiction are extensive and complex and have been the subject of many blog posts, but this post will explore a different aspect of service of process—its interaction with statutes of limitations.
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Melanie Crenshaw Joins the School of Government Faculty
The School of Government and the North Carolina Judicial College are excited to announce the addition of Melanie Crenshaw to the faculty. Melanie joined the School in August 2022 and will be the lead faculty working with magistrates on the legal and practical aspects of their civil duties. She will specialize in small claims law and procedure, landlord tenant law and summary ejectment.
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Juvenile Sight and Sound Separation in Court Holding Facilities
The legal requirement for sight and sound separation between juveniles and adult inmates states that “juveniles alleged to be or found to be delinquent or juveniles within the purview of paragraph (11) will not be detained or confined in any institution in which they have sight or sound contact with adult inmates.” 34 U.S.C.A. §11133(a)(12)(A). It may be somewhat intuitive to understand how this requirement applies in settings where adults are detained for long periods of time—such as jails and lockups. The application of this requirement in court holding facilities may be less intuitive. This post explains how sight and sound separation applies in the context of the courthouse. Continue Reading
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New Ethics Opinion on Dual Role GAL–Attorney Advocates in Juvenile Proceedings
This post was updated on September 6, 2022 in response to helpful reader feedback regarding the nuances that exist when determining whether there is a conflict of interest for a GAL program and, if so, the possible options available to cure that conflict. The amended portion can be found in the Conflicts of Interests section below.
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