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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 […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]
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 […]
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.
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 […]