On the Civil Side

A UNC School of Government Blog

https://civil.sog.unc.edu

  • Apply Now! Elder Abuse Workshop at the School of Government

    This entry was contributed by Meredith Smith on May 23, 2019 at 2:41 pm and is filed under Guardianship.

     

    Yesterday, the application period opened for a free workshop we will be hosting September 26-27, 2019 at the School of Government in Chapel Hill.* The purpose of the workshop is to bring together stakeholders from around North Carolina to create and grow multidisciplinary teams (MDTs) to address elder abuse in their respective communities.  You can learn details about the workshop and apply here.  Only teams will be accepted to attend the workshop.  This post provides additional information to consider if you and others in your community are interested in forming a team and submitting an application. Continue Reading

  • No Kids in Court?

    This entry was contributed by Cheryl Howell, Jeff Welty on May 22, 2019 at 9:00 am and is filed under Judicial Authority.

    **This post was written by SOG faculty member Jeff Welty (although I made a few very minor edits) and posted on the NC Criminal Law Blog on April 30, 2019.

     

    A few weeks ago, WRAL reported that a courtroom deputy and district court judge told a woman waiting in district court that she needed to remove her child from the courtroom. According to the report, the judge and deputy told the woman that no children under 12 were allowed in the courtroom.

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  • Default and Summary Judgment in ‘Divorce’ Cases

    This entry was contributed by Cheryl Howell on May 17, 2019 at 1:57 pm and is filed under Family Law.

    In a recent opinion, the court of appeals held that a trial court has no authority to annul a marriage by summary judgment. Hill v. Durette, (N.C. App, March 19, 2019). This case reminds us that while the Rules of Civil Procedure apply to domestic relations cases generally, there are significant limitations on the use of rules that relieve the court of the obligation to make findings of fact based on evidence presented to the court before entering certain types of domestic orders.

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  •  A Lease or a License?

    This entry was contributed by Dona Lewandowski on May 9, 2019 at 12:23 pm and is filed under Small Claims Law.

    Every small claims magistrate knows that a “simple landlord-tenant relationship” is a jurisdictional requirement in summary ejectment actions. In most cases the existence of such a relationship is quite clear, but that’s not always so. When the property in question is something other than a home or business, questions sometimes arise. For example, what if an agreement involves a boat slip? A stall at a flea market? A horse stall in a stable? A chair in a beauty salon? In these situations and countless others, the legal issue is whether the agreement between the parties should be characterized as a lease or a license.

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  • Eight Common Mistakes by Guardians of an Incompetent Adult’s Estate

    This entry was contributed by Meredith Smith on May 1, 2019 at 12:00 pm and is filed under Guardianship, Uncategorized.

    In connection with an upcoming class on guardianship, I recently surveyed a number of clerks of superior court (judicial officials who preside over guardianship cases in NC) about common post-appointment problems among guardians.  My questions focused on non-attorney individuals serving as general guardians and guardians of the estate.  Here are some specific issues identified related to those guardians charged with managing an incompetent adult’s property under G.S. Chapter 35A of the NC General Statutes.  For purposes of this post, “guardian” means a guardian of the estate or general guardian.

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  • Who Can Access a Delinquency or Undisciplined Juvenile Court Record?

    This entry was contributed by Jacquelyn Greene on April 23, 2019 at 1:10 pm and is filed under Juvenile Law.

    I have had the pleasure of working here at the School of Government for eight months now. In that time I have gotten some interesting questions about North Carolina’s delinquency laws. Most often, those questions relate to the confidentiality of juvenile court records. When I first read the statute – G.S. 7B-3000 – I thought it was an open and shut case. Unless you are on the list of people allowed access without a court order, access can only be allowed pursuant to a court order. But then the questions started to come in. Who exactly is the juvenile’s attorney under this statute? Can any prosecutor access juvenile records any time? Can a federal court order disclosure of a North Carolina juvenile record? On what basis can courts order release of juvenile records? It turns out that it’s not open and shut at all. Here is what I have learned so far. Continue Reading

  • Grandparent visitation: termination of parent’s rights does not terminate grandparent’s court ordered visitation

    This entry was contributed by Cheryl Howell on April 10, 2019 at 9:00 am and is filed under Family Law.

    The court of appeals recently reversed a trial court decision that a judgment terminating a mother’s parental rights voided a court order entered five years earlier granting her mother visitation with her grandchild. In Adams v. Langdon, (NC App March 19, 2019), the court of appeals held that the termination of the mother’s rights had no impact on the visitation rights the trial court ordered for grandmother before mother’s rights were terminated.

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  • Juvenile Justice Changes in Federal Law

    This entry was contributed by Jacquelyn Greene on March 26, 2019 at 6:33 pm and is filed under Juvenile Justice.

    The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) is the central federal law that establishes core requirements for state juvenile justice systems. 34 USC §111. In return for compliance with these core requirements, the statute authorizes federal funding for states to use in their juvenile justice systems. The JJDPA expired in 2007 and was recently reauthorized in the Juvenile Justice Reform Act of 2018. Public Law No 115-385. The reauthorized statute made several significant amendments to the JJDPA. In this blog post I will discuss three of the highlights: a new focus on evidence-based and promising programs and practices, changes in the disproportionate minority contact core requirement, and new requirements regarding identification and treatment of mental health and substance use disorders. Continue Reading

  • Big Changes to Appeals of A/N/D – TPR Orders Designated in G.S. 7B-1001

    This entry was contributed by Sara DePasquale on March 25, 2019 at 11:22 am and is filed under Child Welfare Law.

    On January 1, 2019, the process to appeal abuse, neglect, dependency (A/N/D) and termination of parental rights (TPR) orders designated in G.S. 7B-1001 changed significantly. Amendments to G.S. 7B-1001 now require that some orders be appealed directly to the NC Supreme Court, bypassing the Court of Appeals (COA). Other orders have new notice of appeal and timing requirements. Amendments to the North Carolina Rules of Appellate Procedure (Rules) also became effective on January 1st and impact appeals of all orders including those designated in G.S. 7B-1001.

    Last week, I attended the Supreme Court’s CLE program, “Information about Termination of Parental Rights Cases and the Rules of Appellate Procedure.” As I listened to the justices and other speakers, I started to hear David Bowie singing “ch-ch-ch-changes.” There are a lot of changes and procedures that you need to know. Continue Reading

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