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Magistrates are often referred to as the “first face” of the judicial system. They are critical to upholding the due process rights of North Carolina’s citizens. One of the best […]
The Juvenile Code provides explicit procedure for discovery in juvenile delinquency matters. This procedure does not mirror the law that governs discovery in criminal matters. The statutes also do not address the constitutional obligation for disclosure of certain exculpatory evidence under the standard established in Brady v. Maryland, 83 S.Ct. 1194 (1963). This post explains both the statutory framework for and constitutional obligation regarding discovery in delinquency cases.
This blog post will be the first in a three-part series on North Carolina’s elective share law. The first post will review what an elective share is and how it […]
The Lumbee Tribe of North Carolina (Lumbee) has received full federal recognition through the Lumbee Fairness Act, which was included in the National Defense Authorization Act. The law was signed by the President, granting full federal recognition to the Lumbee on December 18, 2025. This is an extraordinary time for the Lumbee, who will have access to services and resources (such as support with education, health care, and housing) from the Bureau of Indian Affairs (BIA) as well as the right to self-governance.
One immediate change is the application of the Indian Child Welfare Act (ICWA) to the Lumbee. This change impacts abuse, neglect, dependency (A/N/D) and termination of parental rights (TPR) action. (It also impacts all adoptions of minors (including stepparent adoptions but that is beyond the scope of this post)
There are additional protections ICWA provides in A/N/D and TPR proceedings when an Indian child is involved. An Indian child now includes a juvenile who is either (1) a member of the Lumbee or (2) eligible for membership with the Lumbee and who have a biological parent who is a member of a fully federally recognized Indian tribe. See 25 U.S.C. 1903(4) & 25 C.F.R. 23.2 (definition of “Indian child”). There are new steps the court and participants must follow when an Indian child who is affiliated with the Lumbee is the subject of the suit. Although these changes are effective now (and started on December 18, 2025), this is a time of significant transition for the Lumbee, where procedures and policies are being created and implemented.
When an incompetency proceeding is filed pursuant to Chapter 35A of the North Carolina General Statutes (“Ch. 35A”) alleging that an adult is incompetent, that adult—known as the respondent in […]
The end of the year is nearing, and you may be one of those individuals who like to look back and reflect on your year and decide what you’d like to continue and what you’d like to change moving forward. One thing you may want to consider is joining the School of Government. We are hiring for three positions:
In an earlier blog post, I summarized North Carolina’s harm reduction immunity laws, including our safe syringe exchange law, G.S. 90-113.27, our Good Samaritan law, G.S. 90-96.2, and others. As […]
A common conundrum for law enforcement, judicial officials, and citizens is how to remove an occupant from residential property when the occupant is not a tenant. If the occupant is […]
When a defendant fails to answer a complaint, the plaintiff can seek default judgment. Default judgment is a two-step process governed by G.S. 1A-1, Rule 55. Step one: the plaintiff […]
The 2025 legislative session resulted in a small number of changes to the laws that govern delinquency proceedings. They include extended terms of probation and post-release supervision in some cases, prosecutorial authority to file a motion for review, a new requirement for hearings to terminate probation for cases in which there is a victim, and technical changes to conform school notification requirements.