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Does the law regarding motor vehicle seizure when a person is charged with felony speeding to elude arrest or an offense involving impaired driving apply to juveniles? If the case is subject to original juvenile jurisdiction, the answer is no. Read on to understand why that is and what to do if a seizure order is improperly issued.
A trust is a fiduciary relationship in which the trustee holds a property interest subject to an equitable obligation to manage or use that property for the benefit of a […]
Most people familiar with the law relating to child custody are familiar with the definition of the ‘home state’ of a child and the importance of the home state when […]
Our justice system depends on due process: the idea that legal proceedings follow established rules and individuals are protected from arbitrary acts of the government. One kind of due process, […]
I wrote recently about substantial upcoming changes to North Carolina’s child fatality prevention system. As part of those systemic changes in S.L. 2023-124, the General Assembly is establishing new Citizen […]
The Interstate Compact for Juveniles (ICJ) is a binding compact that establishes the law that governs the interstate movement of juveniles who are involved in the juvenile justice system. One of the purposes of the ICJ is to “[r]eturn juveniles who have… been accused of an offense to the state requesting their return.” G.S. 7B-4001(b)(3). This is akin to the extradition process used in criminal matters. The proper procedure to return a juvenile who is accused of an act of delinquency in another state to that other state is found in the ICJ rules. This post walks through the procedure.
For 94 years, the UNC School of Government has been the backbone of support for North Carolina’s public officials, from clerks and judges to budget analysts, municipal and county managers, newly elected officials, public defenders, and prosecutors. From Murphy to Manteo, we are here to ensure that those who serve our communities have the resources, training, and guidance they need to succeed. Today we are asking for your help to continue furthering this mission. Please watch this message from our Dean or read on to learn how you can be a spark in this effort.
North Carolina is one of a handful of jurisdictions that still follow the contributory negligence rule. In states where contributory negligence applies, if the plaintiff is even slightly at fault […]
G.S. 50B-3(b) provides that, if requested to do so before a current domestic violence protective order (DVPO) expires, the trial court can renew the order for good cause for an […]
Beginning with offenses committed on or after January 1, 2025, new laws are in effect regarding the standard and procedures for addressing juvenile capacity to proceed. The new statutes can be found in G.S. 7B-2401-2401.5. You can find blogs about the details of the new standard and procedures here and here. This major revision to the law of juvenile capacity to proceed required new court forms and a new process for credentialing juvenile forensic evaluators. This post details those new structures.