Thoughts on Being an Effective Local Government Attorney: Part II

Don O'Toole is a white man with light brown hair. He is smiling, wearing a dark grey button-down shirt, and standing outside of a grey building.By Don O’Toole

This is the second piece in a series of three blog posts titled “Thoughts on Being an Effective Local Government Attorney and How to Best Work with Your Local Government Attorney,” written by Don O’Toole, who retired in January 2024 after 13 years with the Durham City Attorney’s Office. Part I was posted on October 10, 2024.

No. 2. Requests for Legal Interpretations of the Unified Development Ordinance (UDO)

I was frequently asked by outside parties to provide legal interpretations of the language in Durham’s UDO. Our UDO let me off the hook because the UDO clearly states that it is the Planning Director’s purview to make these interpretations. I worked with three excellent Planning Directors who would draft their written interpretations and then share them with me for double-checking. I cannot recall a single Planning Director interpretation with which I disagreed during my time with the city. We had a cell tower case years ago in which opponents did not agree that a cell tower, made to look like a pine tree, met the UDO’s definition of a “concealed” cell tower. An official interpretation from the Planning Director was requested and issued. The opponents then proceeded to appeal the Planning Director’s interpretation that the tower did meet the UDO’s definition of “concealed” to the City’s Board of Adjustment, in Durham Superior Court, and then finally to the NC Court of Appeals. The Planning Director’s interpretation was upheld at each stage.

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My Summer With North Carolina Prisoner Legal Services: A Reflection on Public Service Law

Tavaria, a Black woman with black hair, wears a white shirt and black blazer.By Tavaria Smith 

This summer, I had the privilege of working with North Carolina Prisoner Legal Services (NCPLS), an organization committed to providing legal assistance to incarcerated individuals in North Carolina. My internship offered me a front-row seat to the criminal justice system, from observing court proceedings to directly engaging with clients and their families. This experience not only solidified my commitment to a career in public service law but also deepened my understanding of the challenges and rewards of advocating for those who are often voiceless.

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A Look Into My Internship With the North Carolina Innocence Inquiry Commission

By Shane Murphy Shane, a man with black hair, wears a white shirt, black tie and black blazer.

Working as an intern at the North Carolina Innocence Inquiry Commission, I’ve had the unique opportunity to contribute to the critical work of investigating post-conviction claims of innocence. This experience has been both challenging and rewarding, offering insights into the complexities of the criminal justice system and the meticulous process of seeking truth and justice. This is the type of role that I believe is only possible in a public-sector position, where an agency like the Commission can operate on their charge without financial motives.

One of main responsibilities I had during my internship was assisting in the evaluation of innocence claims. This process is far more intricate and demanding than I initially imagined. Each claim requires a thorough, objective analysis that often involves sifting through mountains of documentation. When a new claim comes in, we would start by reviewing the initial application. This document provides an overview of the case and the basis for the innocence claim. From there, we dive into the case files, which include trial transcripts, police reports, forensic analyses, and any post-conviction filings.

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A Look Into My Internship With the U.S. Department of Veterans’ Affairs Office of General Counsel

Sadie, a white woman with light brown hair, wears a navy blue sleeveless dress. By Sadie Pruett 

After previously interning with the Committee on Veterans’ Affairs in the U.S. House of Representatives and with the Department of Defense, I have actively sought internships involving advocacy for veterans since 2020. Four years later and in my 1L year at Wake Forest Law, I took advantage of the opportunity to intern in the Office of General Counsel for the U.S. Department of Veterans Affairs.

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A Look Into My Internship With the Alamance County Public Defender’s Office

Grant, a white man with brown hair, wears a grey shirt, black blazer and maroon, navy and pale grey tie.By Grant Gergen 

This past summer I spent my first summer as a law student interning at Alamance County’s newly opened public defender’s office. The reason I chose this opportunity truly began from my time in college and the long journey I took before entering law school. I began law school as somewhat of a non-traditional student, having graduated from undergraduate studies at the University of Florida in 2019. I spent the next fifteen months living in Ecuador as a teacher for the Peace Corps (unfortunately, cut short by the pandemic), after that, a year in Wyoming for AmeriCorps, then, two years of graduate school at the University of Wisconsin–Madison, and finally, choosing to attend law school at the University of North Carolina in Chapel Hill.

The right balance of circumstances and chance brings someone to where they are now. My path to becoming interested in working in public defense began with the right professor, in the right class, in my sophomore year of college. This man, whom many University of Florida college grads who went on to law school came to know, was Samuel Stafford. Professor Stafford teaches part-time at the University of Florida, with most of his hours and responsibilities dedicated to his work as a judge in Alachua County. It was him, and as a sad testament to our society’s failure to educate on inequality and injustice, and him alone, who pulled the curtain back on the deeply classist and racist strands that weave the American fabric and that touch virtually all aspects of our country’s criminal legal system. There is a much greater amount of text that could be written here to talk about my experiences in Professor Stafford’s three college courses (Civil Liberties; Constitutional Law; Race, Law, and the Constitution), which all took place at an almost-impossible-for-a-college-undergrad time of 7:25 a.m. in the morning.

I believe that these courses enabled me not only to think more critically about the inequality built into our country but also to actually see it in the everydayness of life when I looked the right way. Perhaps I would have found myself down a similar path eventually, but it was these experiences in the classroom with Professor Stafford that likely stand as some of the greatest inflection points in my life.

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A Look into My Internship with the NCDOJ Medicaid Investigations Division

By Emily Jacobson Emily, a white woman with golden brown hair, wears a white shirt and black blazer.

I looked forward to my first summer for my entire 1L year. I frequently heard older students and mentors describe their first summers as the moment when all the pieces fell together. Heading into their second year of law school, they felt a deeper understanding and appreciation for the work they do while in school. Now, at the conclusion of my first summer and the early stages of my 2L year, I echo those sentiments.

I spent this summer interning with the North Carolina Department of Justice Medicaid Investigations Division. MID represents the interests of the citizens of North Carolina, particularly as they relate to the health care industry. The bulk of MID’s work involves investigating and prosecuting Medicaid fraud; they also handle patient abuse cases in Medicaid-funded facilities across North Carolina. MID’s work is critical for protecting the integrity of the Medicaid system and guarding state and federal funds from bad actors.

I was eager to work with MID and explore what I now know is an interesting, and often overlooked, area of law. My experience was enriching, and it allowed me to practice the skills I developed during my first year at Campbell Law. More importantly, however, this summer was the first chance I have had to engage in meaningful legal work for the benefit of my community. Since beginning law school, I have been eager to apply my developing legal skills in a practical and useful way. My internship with MID was an excellent opportunity to do so, and I am grateful I could spend my summer in this way.

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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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Thoughts on Being an Effective Local Government Attorney: Part I

Don O'Toole is a white man with light brown hair. He is smiling, wearing a dark grey button-down shirt, and standing outside of a grey building.By Don O’Toole

This is the first post in a series of three blog posts titled “Thoughts on Being an Effective Local Government Attorney and How to Best Work With Your Local Government Attorney,” written by Don O’Toole, who retired in January 2024 after 13 years with the Durham City Attorney’s Office.

I had the good fortune to be a local government attorney for the last thirteen years of my legal career. I worked with terrific attorneys in the Durham City Attorney’s Office, and my practice was focused on providing legal support to the City departments that provide service to the development community. Those departments include Planning, Public Works, Water Management, and Inspections. I enjoyed working with the dedicated professionals in each of these departments. I also enjoyed what I hoped were good professional relationships with the attorneys, engineers, and developers who worked to grow Durham’s economy. I was asked by our Section Council to put down my thoughts on being a local government attorney, and how outside attorneys should work with local government attorneys. What follows are some of my thoughts on this topic.

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My Summer Internship With the North Carolina Attorney General’s Office

By James Thompson

This past summer I interned with the Air, Water, and Natural Resources Section within the Environmental Division of the North Carolina Attorney General’s Office. Going into the internship, I was interested in environmental law and had previously worked on environmental issues in the nonprofit space.

Spending my summer with the Air, Water, and Natural Resources Section built on my prior experiences, deepened my interest in environmental law and utilized my newly acquired legal skills for a truly impactful internship experience. I worked directly with several attorneys on several projects including drafting briefs, conducting legal research and attending client meetings. My supervisors did an incredible job of assigning different projects to expose me to as many types of work as possible.

Additionally, they openly communicated with the interns to determine what kinds of work we liked, did not like and how that could help them cater future assignments to align with our preferences. No two days were the exact same, and I very quickly realized that the attorneys in the Air, Water, and Natural Resources Section have an impressive breadth of expertise that allows them to provide legal representation for three of North Carolina’s most important environmental regulatory agencies within the Department of Environmental Quality: the Division of Air Quality, the Division of Water Resources, and the Division of Marine Fisheries. The attorneys in this section helped me to refine and develop the skills that have contributed to their success, which made me feel confident and excited going into my second year of law school.

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My Summer Internship

Suzanne Camp, a woman with straight, long light brown hair, wears a white blouse and black jacket.By Suzanne Camp

This past summer, I interned with the Environmental Division of the North Carolina Department of Justice (NCDOJ). Within the Environmental Division, I worked in the Coastal, Commissions and Administrative Section. I had a wonderful experience and learned a great amount. During my summer internship, I had the opportunity to attend a variety of North Carolina board and commission meetings including the Coastal Resources Commission, the Sedimentation Control Commission, the State Water Infrastructure Authority, and the Water Treatment Facility Operator Certification Board. It was fascinating being able to learn about the intricacies of how these groups operate and make decisions that affect our community. A great deal of my work involved drafting final agency decisions for the North Carolina Department of Justice that explained the legal rationale for a commission outcome. In these final agency decisions, I acknowledged the arguments made by the petitioner to the commission as well as the Department of Environmental Quality, and, ultimately, came to the correct legal conclusion in accordance with the Commissioners’ decision. I also worked on tracking legislative bill updates during the North Carolina congressional long summer session. Specifically, I monitored changes relating to the NCDOJ’s Environmental Division and updated my team accordingly. Moreover, I analyzed case law shellfish leases, riparian rights, and language that constitutes a frivolous claim.

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