Tag: jurisdiction
  • The Little Engine that Could: Article 27A, G.S. Chapter 1

    In my last post, I wrote about the office of the clerk of superior court and the clerk’s judicial authority.  I provided a basic framework for this authority and noted that that the clerk’s non-criminal authority falls into three main categories:

    1. estates and trusts,
    2. civil, and
    3. special proceedings.

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  • Preparing for the Effective Date: UAGPPJA Resources

    *Update as of 12/5/16.  Two links in this post have been updated to revise the flow chart labeled “Transfer To N.C.” This flow chart is located in both the bulletin and the separate printable flow chart.  The revision is to the right-hand column, second box down which should read as follows:  “Receive final order granting transfer from other state.”   The prior version incorrectly states “provisional order” when it should state “final order.” You could either make the correction on your own or you can reprint and replace the prior version by following the links in this updated post to the bulletin (last page of the bulletin) and the transfer flow charts (page 2 for Transfer to N.C.).

    Tomorrow, December 1, 2016, G.S. Chapter 35B goes into effect in North Carolina.  The law incorporates provisions of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). As I noted in this earlier post, it applies to all new incompetency and adult guardianship proceedings filed on or after December 1st and requires the court to ensure jurisdiction is proper under Chapter 35B before proceeding with the case.  Keep in mind that if a case is already pending as of December 1st, the court is not required to apply the G.S. Chapter 35B analysis related to jurisdiction for initial filings, even if the hearing takes place after December 1st.

    UAGPPJA, as adopted in G.S. Chapter 35B, also provides a new mechanism for transferring existing adult guardianship cases to and from North Carolina and for registering out of state guardianship orders in North Carolina.  The transfer and registration provisions apply as of December 1, 2016 to all cases in NC, regardless of whether they were filed before, on, or after that date.

    The text of G.S. Chapter 35B is now available on the N.C. General Assembly’s website.  Note the statutes were renumbered when they were codified.  Therefore, the statutory references in the session law, S.L. 2016-72, are no longer correct.  In addition to the primary law, I wanted to use this post to identify some other resources now available to assist with the implementation of UAGPPJA in N.C. Continue Reading

  • Untimely Filed Juvenile Petitions – What’s the Remedy?

    Under G.S. 7B-1703(b), a juvenile court counselor (JCC) has “15 days after the complaint is received” to file the complaint as a juvenile petition, or a maximum of 30 days, if the chief court counselor has granted a 15-day extension. I’m often asked whether an untimely filed petition must be dismissed; and if so, whether the State is precluded from filing another petition for the same offense. There are two published appellate cases addressing these issues; In re D.S., 364 N.C. 184 (2010), and In re J.A.G., 206 N.C. App. 318 (2010). Here’s what they say.

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