Anyone who has driven on the highways of North Carolina has seen an abandoned vehicle or two on the side of the road, often with a bright orange sticker on one of the windows. This sticker indicates that the vehicle will be towed under the direction of a law enforcement officer if the vehicle is not removed. Due process requires that a person whose car has been towed in this circumstance is entitled to notice and a speedy court hearing before a magistrate to determine whether probable cause existed for the towing, which ultimately determines who is responsible for the towing fees. G.S. Ch. 20, Art. 7A. This blog post will explore towing under the direction of law enforcement, when a post-towing hearing is allowed, when it is not, and how the magistrate follows the procedures. This post does not address towing directed by private parties for unauthorized parking on privately owned property, such as apartment complexes or business parking lots.
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Tag: magistrates
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Congratulations to Newly Certified Magistrates
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 parts of my job is the opportunity to train magistrates in their civil law duties.
Magistrates must complete 12 hours of training each year, which includes annual instruction in seven required subjects. They include (1) setting conditions of pretrial release, (2) impaired driving laws, (3) issuing criminal processes, (4) issuing search warrants, (5) technology, (6) orders of protection, and (7) summary ejectment laws. GS 7A-177.
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Congratulations to Newly Certified Magistrates
For most citizens in North Carolina magistrates are the “first face” of the judicial system. They serve the public with professionalism, continually staying updated on the ever-evolving civil and criminal laws. Teaching magistrates is a very fulfilling part of my job, because they are always eager to learn, and they readily participate in class.
In 2021, the legislature increased the magistrates’ training requirements from 12 hours every two years to 12 hours annually. As part of those 12 hours of training, magistrates are required to receive annual training on seven required subjects: (1) setting conditions of pretrial release, (2) impaired driving laws, (3) issuing criminal processes, (4) issuing search warrants, (5) technology, (6) orders of protection, and (7) summary ejectment laws. GS 7A-177.
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Legislative Roundup: Recent Changes Affecting Small Claims, Summary Ejectment, Magistrates, and Real Property Crimes
The end of the year is always a good time to look back and reflect. The close of 2024 offers an opportunity to examine recent legislative developments affecting small claims procedure, summary ejectment, magistrate nominations, and real property crimes. The amendments and enactments discussed in this post are currently effective.
Small Claims Procedure
Written Findings of Fact in Order Authorizing a Party to Appeal as an Indigent
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Congratulations to Newly Certified Magistrates
Magistrates are often referred to as the “first face” of the judicial system for most citizens. They serve the public with professionalism, all while keeping abreast of the rapidly changing civil and criminal laws. In 2021, their training requirements were increased by the legislature from 12 hours every two years to 12 hours every year. As part of those 12 hours of training, magistrates are required to receive annual training on seven required subjects: (1) setting conditions of pretrial release, (2) impaired driving laws, (3) issuing criminal processes, (4) issuing search warrants, (5) technology, (6) orders of protection, and (7) summary ejectment laws. GS 7A-177.
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How Does New Legislation Addressing “Transient Occupancy” Impact the Landlord-Tenant Analysis in Summary Ejectment?
Every magistrate has picked up the phone to a caller who is staying at a hotel asking if he is a tenant or a hotel guest. If it is not the occupant calling, then it is the owner of the hotel asking if they have to evict the occupant or if they can take out trespass charges. Recent legislation, S.L. 2023-5, defines “transient occupancy” in inns, hotels, motels, recreational vehicle parks, campgrounds, and other similar lodgings in a manner that may provide some clarification for callers who are owners and residents of these types of lodgings. Continue Reading
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Hats Off to Newly Certified Magistrates
Begin reading this post by standing up.
Remain standing if you have worked in a position that has required you to interact directly and regularly with members of the public during the pandemic. Otherwise, sit down.
Remain standing if this job has required you and your colleagues to (1) apply changing guidance from the state and federal governments regarding residential evictions, (2) perform marriages, (3) stay abreast of changes in criminal law and procedure, and (4) regularly work nights and weekends. Otherwise, sit down.
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Rules of Conduct Created for North Carolina Magistrates
This post was written by UNC School of Government faculty member Tom Thornburg.
Following years of discussion and drafts, a formal Rules of Conduct for Magistrates was promulgated by the North Carolina Administrative Office of the Courts (AOC) effective October 1, 2021.
Statutory Authorization
In June, Session Law 2021-47 Section 13.(a) authorized the AOC to prescribe rules of conduct for all magistrates via a new G.S. 7A-171.3. It said that the rules of conduct shall include rules governing standards of professional conduct and timeliness, required duties and responsibilities, methods for ethical decision making, and any other topic deemed relevant by the AOC.
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Update: Specific Personal Jurisdiction at the U.S. Supreme Court and the N.C. Court of Appeals
Personal jurisdiction, as the name implies, refers to the authority of a court over a particular person. In order for a court to have authority over someone in a civil case, three things must exist: (1) effective service of process, (2) a statute allowing the exercise of personal jurisdiction in the case (G.S. 1-75.4, North Carolina’s long-arm statute, is the relevant statute in our state), and (3) compliance with the due process clause of the federal constitution. Continue Reading
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The Magistrate’s Role in Filing Juvenile Delinquency and Undisciplined Petitions
Magistrates have limited authority to file juvenile petitions and enter custody orders related to delinquent and undisciplined juveniles. Specifically, a magistrate may “draw and verify the petition and accept it for filing,” in “emergency situations” when the clerk’s office is closed and “a petition is required in order to obtain a secure or nonsecure custody order.” G.S. 7B-1804. Recently, I was invited to discuss this statutory provision with magistrates at their annual fall conference. I had assumed that most magistrates rarely, if ever, file juvenile delinquency or undisciplined petitions and expected to finish the presentation early with few questions. To my surprise, I discovered that magistrates in some counties are routinely being asked to file after hours juvenile petitions and enter secure custody orders, and they had lots of questions. Since I ran out of time trying to answer them all, I decided to write this blog post.