Yesterday was a very difficult day here at UNC Chapel Hill. One of the faculty members in the Department of Applied Physical Sciences in the College of Arts and Sciences, Dr. Zijie Yan, was killed on campus. It was an active shooter situation where the sirens went off, Alert Carolina texts and emails were sent, a large police presence was on campus, and we were on lockdown. Doors were locked and people were isolated in their offices behind their desks for hours. Students were locked down as well. And, yes, we had a large class on site with over 100 local government officials in attendance. Campus was closed but not. It was quiet. Then it was filled with students and employees leaving lock down locations. Today, campus is closed and it will be again tomorrow.

One of the more common questions I receive about the transfer of a case from juvenile jurisdiction to the jurisdiction of the superior court for trial as an adult is whether transfer can be ordered based on consent of the juvenile. The issue seems to cross my desk when a juvenile has some charges pending in criminal court and there are unrelated felony charges pending under juvenile jurisdiction. The short answer is no. The statutory structure that governs transfer does not allow for ordering transfer based on consent. Why? Continue Reading

We have Chapter 50B authorizing civil domestic violence protective orders to protect victims of domestic violence and Chapter 50C authorizing civil no-contact orders to protect victims of sexual misconduct and stalking who do not have the personal relationship with the perpetrator required for a 50B DVPO. In 2015, the General Assembly enacted Chapter 50D authorizing permanent, non-expiring civil no-contact orders to provide additional protection to victims of sexual violence. Effective August 1, 2023, Chapter 50D was expanded to authorize permanent protection for victims of human trafficking.

The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) governs a state’s subject matter jurisdiction to hear child custody cases, including abuse, neglect, dependency (A/N/D), and termination of parent rights (TPR). See G.S. 50A-102(4); 50A-106. Without following the jurisdictional requirements of the UCCJEA, the court lacks subject matter jurisdiction. Any orders entered when a court lacks subject matter jurisdiction are void ab initio. In re T.R.P., 360 N.C. 588 (2006). I receive numerous inquiries about the UCCJEA in A/N/D cases. A common question involves North Carolina’s use of temporary emergency jurisdiction and whether it ever becomes initial custody jurisdiction when North Carolina becomes the juvenile’s “home state” after the A/N/D petition has been filed in district court. Earlier this month, the court of appeals answered this question when it published In re N.B., ___ N.C. App. ___ (July 5, 2023). This blog serves as a follow up to my previous blog post about temporary emergency jurisdiction under the UCCJEA. Continue Reading

The drug xylazine has been in the news recently as a dangerous substance commonly mixed with heroin, fentanyl, and other drugs. Xylazine is not an opioid nor is it currently a controlled substance, which presents unique challenges for legal and public health professionals. This post, co-written by SOG faculty members Kirsten Leloudis and Phil Dixon, examines the legal and public health issues surrounding the drug.