Legislative Update: NC Governor Vetoes Bill Providing Funding for Private School Voucher Expansion and K-12 Enrollment Growth

Elizabeth, a white woman with blond hair, wears a white blouse and white blazer.By Elizabeth Yelverton

(This is the first in a series of legislative updates that the Education Law Section will be posting to keep its members up to date on legislation impacting the world of education).

In a press conference held on Friday, September 20, 2024, NC Governor Roy Cooper officially vetoed legislation recently passed by state lawmakers that would provide millions in additional funding for the Opportunity Scholarship Program, or private school vouchers, as well as student enrollment funding in growing public school units (PSUs). It is not yet known whether legislators will attempt to override the Governor’s veto during their next scheduled meeting on October 9, 2024, although legislative leaders previously noted that voting sessions were “likely” during their post-election reconvening on November 19-22.

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Most Lawyers Aren’t Monsters

Kayla, a woman with dark brown hair, wears a pale pink blouse, bright pink jacket, and gold fairy pin on the lapel.By Kayla Britt

(A possible October production.)

A recent conversation with a law student went something like this:

Student: I don’t know how to network. I’m an introvert.

Me: We can work on that together. You must learn to get comfortable with the uncomfortable.

Student: But I’m afraid to speak to lawyers. I mean, they’re LAWYERS.

In my experience, most lawyers aren’t monsters.

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Checking In: September 24, 2024

Compiled by Jessica Junqueira

New Partner Announced at Capua Law

Natalia, a white woman with brown hair, wears a black blouse, yellow sweater and yellow earrings.Natalia Talbot was named a partner with the firm. Her practice is focused on civil litigation, construction and business law, POA matters, real estate dispute, and state and court federal appeals. Talbot has more than ten years of experience as an attorney. She received a J.D., with distinction, from Boston College Law School. Following her graduation, she worked as assistant district attorney for the Commonwealth of Massachusetts and as lead counsel in more than fifty criminal trials. She served as a federal law clerk in the Western District of North Carolina for the U.S. Magistrate Judge Carleton Metcalf. Talbot’s blog post titled My Vision for the Legal Profession: Prioritizing Attorney Mental Health was selected as the winning entry in the NCBA Young Lawyer Division’s 2022 Writing Competition. She holds a Master of Education in Teaching from the University of Hawaii at Manoa and a bachelor’s degree, summa cum laude, in anthropology and German from Barnard College of Columbia University.

HBS Welcomes New Partner

Lucie, a white woman with brown hair, wears a white blouse and black blazer.Lucienne Hartmann Peoples has joined the firm’s Asheville office as a partner. She specializes in aging services and health care. She has experience in civil litigation and has handled general liability and commercial litigation. In her previous role, she focused on defending personal injury torts, professional liability, premises liability, product liability, and coverage disputes. She graduated from Mercer University School of Law. After graduating, she served as a judicial law clerk to Judge C. Ashley Royal of the U.S. District Court for the Middle District of Georgia. She holds a bachelor’s degree from Transylvania University.

Phelps Dunbar LLP Announces New Partner, Associates

Patrick, a white man with grey hair, wears a pale grey shirt, black suit and navy tie with teal circles. Patrick Meacham has joined the litigation team as a partner. Meacham, who is a trial lawyer, has more than 25 years of experience practicing law in Raleigh. He assists clients in professional negligence, products and premises liability, catastrophic personal injury and mass torts. He graduated from Campbell Law School, where he received his J.D., and the University of Kansas, where he received his bachelor’s degree.

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Collection of Mediator Fees: Options Available to Mediators

Ann, a white woman with blond hair, wears a blue blouse and black blazer.By M. Ann Anderson 

At the last quarterly Dispute Resolution Section Roundtable, held on August 20, 2024, mediators discussed an all-too-common issue: what happens when a party does not pay or delays the payment of mediation fees beyond what is reasonable? Unfortunately, delayed or nonpayment of the mediator has become a common issue, and mediators face unique challenges in collecting fees.

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A Look Into My Internship With the Durham County Attorney’s Office

Alyson, a white woman with blond hair, wears a white shirt and teal blazer.By Alyson Hanlon 

This past summer I interned with the Durham County Attorneys who represent the Department of Social Services in the Abuse, Neglect, and Dependency (A/N/D) court. I spent time researching various legal, medical, and psychological issues. I was able to witness how collaborative the A/N/D court is, and how passionate each attorney is, in their representation of their parties.

My favorite research project was when I was able to research a medical disease that a child was allegedly diagnosed with. I had grown so used to researching legal problems, that I almost forgot that other research existed. I found researching medicine and diseases, and how that correlates with the legal system, extremely thought-provoking. In the A/N/D court, many of the attorneys need to become “mini” experts in medical problems, drugs, and other topics. This knowledge allows them to understand the facts from the cases more easily and come up with questions for the adjudication hearing. After spending time researching the disease I was assigned, I was able to talk with the attorneys about symptoms, and how to diagnose and treat them. This part of the research allowed the attorneys to recognize strengths and weaknesses in their argument. My research was a small part of one child’s case yet helped the attorneys further their understanding and strengthen their argument for trial.

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What is a Paralegal’s Role in Higher Education?

By Tina Dadio

What is a paralegal’s role in higher education? This question was posed to me during one of our North Carolina Bar Association Paralegal Division’s Annual Meetings. The first thought that came to mind was the relief of no longer living my life in six-minute increments! The next was the realization that paralegals and attorneys in higher education wear many hats when dealing with legal matters within a university.

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What is Condemnation Law in the Government and Public Sector?

Kayla, a woman with dark brown hair, wears a pale pink blouse, bright pink jacket, and gold fairy pin on the lapel.By Kayla Britt

Driving along the interstate, or within your county, you will notice construction projects from the installation of new bridges, widening roads, and more. Have you ever stopped to consider that those construction projects require attorneys – specifically, government and public sector attorneys?

The North Carolina General Assembly grants the Department of Transportation the power to acquire private land to create transportation infrastructure. This includes acquiring easements or fee simple title to land, and land improvements, as necessary for road construction, maintenance, and repair, or other transportation projects deemed appropriate. An acquisition of land by the state is most commonly known as eminent domain.

The North Carolina Department of Justice’s Condemnation Section represents the North Carolina Department of Transportation in such matters before North Carolina Superior Courts. Condemnation proceedings are instituted by the Department of Transportation’s filing of a Complaint and Declaration of Taking. Upon those filings, along with filing a “deposit,” which is a sum estimated by the Department of Transportation to be just compensation, title to the property and the right to immediate possession vests in the Department of Transportation. The landowner has twelve months to file an Answer. If they do not, then the deposit is deemed to have been accepted as just compensation and a final judgment may be entered. If an Answer is filed, then the deposit amount is in dispute, and the case may be negotiated, mediated, and/or litigated.

You can learn more about the condemnation powers granted to the North Carolina Department of Transportation. Understand the Right of Way Process by accessing this guide.

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Basics of Section 409A

John, a white man with dark brown hair, wears a pale blue shirt, lime green and blue tie, and black suit. By John G. Hodnette

Section 409A addresses the taxation of nonqualified deferred compensation plans. A nonqualified deferred compensation plan is any arrangement that provides for the deferral of compensation, subject to exceptions. Section 409A is a response to executive compensation practices Congress felt were inappropriately beneficial.

Amounts deferred that do not meet the requirements of Section 409A generally are immediately includible in gross income (to the extent not subject to a substantial risk of forfeiture or previously included in income). Additionally, a 20% excise tax is imposed on the amount included in income. Interest at the federal penalty rate plus 1% is charged from the date of each failure. All such amounts are charged to the employee, rather than for the employer.

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A Panel of O’Connor Clerks Share Her Legacy With NCBA Members

By David A. Bragdon David, a white man with brown hair, wears a pale grey shirt, red tie and grey jacket.

“I like a woman who’s not afraid to go after what she wants.” That is why Justice O’Connor hired Sarah Boyce to clerk for her in 2015. As a retired justice, Justice O’Connor could only hire one clerk per year. Sarah had applied for this clerkship and was preparing for an interview only to find out that Justice O’Connor had already hired a clerk for that year. She went to the interview anyway, but as the interview was ending, she decided to address the elephant in the room. “Justice O’Connor, I heard that you have already hired a clerk for this coming term; I want you to know that I am willing to work for you anytime.” Justice O’Connor respected her perseverance and offered her a clerkship for a later year.

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What Can Pro Bono Do for You?

Elysia, a woman with auburn hair and brown eyes, wears a white shirt and blue and white jacket.Jay, a Black man with black hair and a beard, wears a white shirt, pink tie, and navy jacket.By Elysia Prendergast-Jones and Jay Jerkins

Jay Jerkins and I, co-chairs of the Pro Bono section, want to welcome you to a new bar year with new opportunities for pro bono work. Why is pro bono important? The North Carolina State Bar asks each lawyer to commit to providing 50 hours of legal services to those who are unable to pay, according to Rule 6.1, which states in further detail: every lawyer should

“(a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to:

(1) persons of limited means;

(2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; or

(3) individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization’s economic resources or would be otherwise inappropriate;

(b) provide any additional services through:

(1) the delivery of legal services described in paragraph (a) at a substantially reduced fee; or

(2) participation in activities for improving the law, the legal system or the legal profession.

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