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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Determining Eligibility for Return of Guns
This post was written by my SOG colleague Phil Dixon. You can reach Phil at dixon@sog.unc.edu
Lately I have received a number of questions relating to whether it is appropriate to return guns following a temporary firearms disqualification. The issue seems to arise most commonly when a domestic violence restraining order (“DVPO”) is issued under Chapter 50B of the North Carolina General Statutes, which requires the surrender of guns by a defendant in certain circumstances and allows the defendant to seek return of the guns following the expiration of the order and final disposition of any related criminal charges. See G.S. 50B-3.1.
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Juveniles and Firearms: Recent Data Trends
The 2022 Annual Report from the North Carolina Child Fatality Task Force (CFTF) highlights a significant increase in firearm-related deaths among North Carolina’s youth. The CFTF Annual Report, submitted in May of 2022, details child fatalities that occurred in North Carolina in 2020. According to the CFTF, rates for suicides, homicides, and firearm deaths for children in North Carolina all increased in 2020. CFTF Annual Report, p. 2. Firearms were used in 12 of the 20 suicides reported among youth ages 10 – 14 and in 19 of the 35 suicides reported among youth ages 15 – 17. All 11 of the homicides reported against youth ages 10 – 14 involved a firearm and 48 of the 50 homicides reported against youth ages 15 – 17 involved a firearm. Table 1, CFTF Annual Report. Suicide was the leading cause of death among youth ages 10 – 14 and homicide was the leading cause of death among youth ages 15 – 17. Table 2, CFTF Annual Report.
These numbers reflect an increasing trend of firearm-related deaths among youth. While there were 525 firearm-related youth deaths between 2011 and 2020, 105 firearm-related youth deaths were recorded in 2020 alone. CFTF Annual Report, p. 18.
Is this trend rooted in more violent firearm usage by youth? The suicide data clearly reflects youth use of firearms to kill themselves. Do the homicide numbers reflect youth shooting other youth? Data from the Division of Juvenile Justice and Delinquency Prevention (DJJDP) may shed some light on that question. Continue Reading
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A Guide to Relinquishments and Post-Relinquishment Review Hearings
In the last two years, I’ve started to receive more questions about the relinquishment of a child to a child-placing agency for adoption. The questions focus on procedure. There are specific statutory procedures that must be followed. When those procedures are not followed, the rights of everyone involved are impacted. Continue Reading
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Abatement, also known as the prior pending action doctrine, does not apply when the prior action is pending in another state
If wife filed a complaint requesting child support, alimony, and property distribution in Watauga County and a few weeks later, while wife’s claims remained pending in Watauga County, husband filed a complaint requesting property distribution in Hyde County, the common law doctrine of abatement would allow wife to ask the court in Hyde County to dismiss husband’s complaint. Abatement, also called the prior pending action doctrine, provides that:
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Adult Protection MDTs: New Project Underway (and Help Needed!)
Over the last several years, the School of Government has developed new and exciting resources to support local multidisciplinary teams (MDTs) involved with protecting adults from abuse, neglect, and exploitation. An MDT is a group of professionals in a geographic region who commit to working together toward a common goal. An adult protection MDT may include, for example, social workers, law enforcement officials, prosecutors, legal services attorneys, guardians or guardians ad litem, representatives from community nonprofits, financial institutions, and area agencies on aging.
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Legally Permissible Uses of Juvenile Detention
One of the many unique features of the juvenile justice system is the law related to the permissible uses of detention. Called secure custody in the Juvenile Code, placement of a juvenile in detention is permitted only when specifically authorized by statute. This post reviews the legally allowable circumstances for the use of juvenile detention. If the situation of a particular juvenile does not match any of these circumstances, then the juvenile cannot be ordered to be held in a detention facility. Note that detention applies only to juveniles who are the subject of delinquency or undisciplined proceedings and is never permitted in an abuse, neglect, or dependency action. Continue Reading