Service of process is fundamental to our system of civil justice. Every party to a civil action or special proceeding in North Carolina is entitled to notice of the action and an opportunity to be heard before an impartial judicial official.

Here’s a basic question: how does a person, a corporation, or a governmental body know whether they are being sued, and if so, how long they have to respond to the lawsuit? Receiving a demand letter written by a lawyer is not enough; lawyers send scary letters without filing lawsuits all the time. Neither is it enough to receive a signed complaint. A signed complaint does not necessarily bring a claim before the court. Even receiving a complaint bearing the file-stamp of the clerk of superior court does not inform a party how long they have to answer.

I am excited to share this year’s annual report from the North Carolina Judicial College. Taking stock of a year’s work can be a meaningful exercise, and I’m proud of what we — and the judicial officials we serve — accomplished. Last year, we offered nearly 50 continuing education courses that provided more than 700 hours of continuing education credit. Those courses included Advanced Criminal Procedure for Superior Court Judges, Conducting Hearings and Entering Judgment for Magistrates, Drafting Orders for Clerks, and the Indian Child Welfare Act Seminar, all of which are featured in the report along with reviews from participants. We also participated in the awarding of certifications to several officials. Seven district court judges were among the first group to ever receive the Advanced Juvenile Justice Certification and eleven magistrates were certified, nine in civil law and two in criminal law. The report lists those officials by name and district; if you know them, please extend your congratulations.

The North Carolina Judicial College was founded in 2005 to expand the education and training the School of Government has provided to judicial branch officials since its founding in 1931. And expand we have! Last year we offered nearly 50 continuing education courses that provided more than 700 hours of continuing education credit. Those courses include orientation programs, classes focused on discrete topics of interest, experiential learning opportunities, skills-based training, and leadership seminars. They are offered to an array of judicial officials, including trial and appellate court judges, magistrates, and clerks of court.

In North Carolina, each county department of social services (DSS) is responsible for receiving and evaluating reports of alleged abuse, neglect, or exploitation of disabled adults. See G.S. 108A-102 and –103. These reports and the evaluations that follow them often involve highly sensitive information about vulnerable adults. From time to time, each DSS receives requests for this adult protective services (APS) information. For example, a law enforcement agency may want APS information to help solve a crime or protect a crime victim. A medical examiner may seek APS information to investigate an individual’s cause of death. A concerned family member may ask for APS information to better understand how DSS handled a deceased relative’s case. In each of these scenarios, DSS needs to understand when it is legally allowed—or even required—to release this information. This blog explores North Carolina’s laws regarding the confidentiality of APS information, including introducing a new flowchart for analyzing when state and federal laws allow APS information to be disclosed. Future blog posts in this series will provide examples of mandatory and permissive disclosures of APS information.

Assume a hearing in a juvenile abuse, neglect, or dependency (AND) matter has just concluded. The judge announced the broad strokes of their ruling from the bench.  Questions about who is responsible for drafting the order, the need to circulate the order, what happens when a draft order is received by the judge, and the effect on this process if a party appears pro se are discussed in this post. Continue Reading