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**After this entry was posted, the North Carolina Supreme Court affirmed the decision of the Court of Appeals in M.E. v. T.J. and left the holding of the Court of […]
Last night, I sat in a church parking lot, masked and socially distant, listening to live Christmas carols. It is still hard to get my head around all the ways […]
Over the last several months, both federal and state governments have issued orders, effective until December 31, placing temporary restrictions on residential evictions. As everyone knows, many tenants have lost […]
For those who know me, I have been referring to 2020 as the lost year. We have lost so much – lives, family time, social gatherings, routines, and our general […]
How does the appointment of counsel to represent juveniles with cases that are transferred to superior court for trial as adults work? This can be a confusing question to answer given that the legal authority for the appointment of counsel changes at the time of transfer, there are important immediate legal issues following transfer, and there are so many different ways in which indigent defense services are provided across North Carolina. This blog will (1) identify the law that governs appointment of counsel when cases are in juvenile court and following transfer, (2) share recently released guidance from the N.C. Office of Indigent Defense Services (IDS) regarding appointment of counsel in matters that are transferred, and (3) suggest a procedure that could be followed to ensure that the rights of juveniles regarding appeals of transfer orders and conditions of pretrial release are ensured.
**This is a post from October 28, 2016 that I decided to post again, with a couple of appellate case updates, due to the frequency with which I receive questions […]
Much of our work at the School of Government is focused on creating educational materials for professionals who work in North Carolina’s juvenile court—especially judges and attorneys. We want to share the voices of those who are affected the most – the juveniles. Assistant Professor Jacqui Greene and I are starting a video project to give voice to the experience of juveniles who have been involved in the juvenile justice and/or child welfare systems. This post provides some information on what we hope to do and how to contact us if you or someone you know is interested in participating.
A plaintiff cannot obtain a Civil No-Contact Order pursuant to GS Chapter 50C against a defendant younger than 16 years of age. GS 50C-1(7). There is no similar general restriction […]
In August, the North Carolina Supreme Court published its first opinion addressing the Indian Child Welfare Act (ICWA): In re E.J.B., 375 N.C. 95 (2020). Specifically, the supreme court examined the history and purpose behind Congress’s enactment of ICWA and the notice requirements that apply when a trial court knows or has reason to know the child involved in the “child custody proceeding” is an “Indian child.”
What is ICWA? Why the quotation marks? What does the opinion say? How does the opinion impact practice?
If you are a judicial official hearing summary ejectment actions right now, you have plenty to be confused about. I’ve recently received a number of inquiries from you asking why […]