Federal and State law have long-recognized that the public does not have unfettered access to public buildings. The U.S. Supreme Court has noted that “it is settled law that the First Amendment does not guarantee access to property simply because it is owned or controlled by the government.” Hemmati v. United States, 564 A.2d 739 (1989); see also USPS v. Greenburgh Civic Associations 453 U.S. 114 (1981). “The State, no less than a private owner of property, has power to preserve the property under its control for use to which it is lawfully dedicated.” Adderley v. Florida, 385 U.S. 39, 47, 17 L.Ed. 2d 149 (1966); see also Cox v. State of La., 379 U.S. 536, 554, 85 S. Ct. 453, 464, 13 L.Ed. 2d 471 (1965).
These long-standing precepts are being tested and challenged by a group of individuals, including so-called “First Amendment Auditors.” These are a loosely organized group of individuals whose agenda consists of variations on the following theme: the First Amendment authorizes any member of the public to enter into any government space and go anywhere within that space. Many of these individuals film all interactions with public officials, employees, and security and take actions that, in some instances, are clearly intended to provoke a negative response. These interactions are usually live-streamed or posted on social media after editing. As they travel from jurisdiction to jurisdiction, it is likely that your municipality or county will be visited by these individuals.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00GovernmentandPublicSectorhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngGovernmentandPublicSector2020-03-17 14:33:222022-03-16 11:32:22Legal Authority for Restrictions of Public Access and Conduct in Guilford County Facilities
COVID-19 (coronavirus) has created uncertainty in all areas including in our professional lives. The following are a few ethical considerations that litigators should keep in mind during this time.
COMMUNICATION: Make sure to update and timely respond to your clients. North Carolina Rule of Professional Conduct 1.4 governs communications between lawyers and their clients. Rule 1.4 requires, among other things, that lawyers keep their clients “reasonably informed about the status of the matter.” Clients with pending matters may be concerned about the impact of Chief Justice Beasley’s March 13, 2020 Order on their particular case. Lawyers with cases impacted by the Order should provide guidance to their clients on the current impact and potential impact of the matter. It is appropriate to tell your clients that things are in flux, but that you are monitoring developments.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Litigationhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLitigation2020-03-17 12:59:462020-03-17 15:58:46Ethical Considerations for North Carolina Litigators During COVID-19
This is a post to provide the Section with some updates in light of the changes, postponements, and closures as a result of COVID-19/Coronavirus. This is an evolving situation that will have varying impacts on each of us. We encourage everyone to remain flexible. As additional information is disseminated, we will be sure to share it with you.
Due to concerns regarding safety and public gatherings, the Section’s social scheduled for April 23, 2020 at the Greensboro Grasshoppers baseball game has been cancelled. There should be additional social events scheduled in the future, so stay tuned for those.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00WorkersComphttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngWorkersComp2020-03-16 16:37:142020-03-17 16:03:28Updates in Light of COVID-19
The North Carolina Bar Association Administrative Law Division is proud to have had Judge Fred G. Morrison, Jr. as a member since 1966. Judge Morrison has been a stalwart of service to the state of North Carolina for fifty years. He has been recognized by Governor Roy Cooper and, most recently by Chief Justice Cheri Beasley for his five decades of civil service to our state. During that time, Judge Morrison has served our state as a board attorney with the City of Thomasville, legal counsel to the governor of North Carolina, and as an Administrative Law Judge, to name a few positions. He has been instrumental in not only helping to bring about positive change to prisons in North Carolina but also through his work with the Jaycees. Judge Morrison has had exceptional personal support from his wife, Carolyn, and is a proud Wake Forest School of Law Alumnus.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2020-03-16 11:25:282020-03-16 16:09:35Recognition of Judge Fred Morrison’s Fifty Years of Service to North Carolina
Our section membership has a strong tradition of supporting and participating in pro bono and community service activities—both those planned and sponsored by the NCBA and those that you undertake on your own or with other organizations. We are in unprecedented times with COVID-19 (Coronavirus), and I am confident that each of you is doing your part.
Even in the best of times, however, over 1.5 Million North Carolinians struggle with hunger—of those, nearly half a million are children. With public schools and many religious and nonprofit organizations that traditionally serve the food insecure in our communities being closed for indefinite periods, and government leaders calling for social distancing to help limit the spread of Coronavirus, that need is never more pressing than now.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Litigationhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLitigation2020-03-16 11:22:022020-03-19 13:44:59Fight Hunger, Help Others in the COVID-19 Pandemic - Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!
Criminal Justice Section members should pay close attention to rapidly developing guidance from state and federal courts concerning COVID-19. The most recent guidance is summarized below, and the relevant orders are linked. Please also check with your local courts to track developments affecting you and your clients; as of 11:00 a.m. Monday, March 16, 2020, 16 counties were reporting court closings and/or advisories.
NC State Courts
Chief Justice Beasley entered an order on Friday, March 13 regarding the operation of the North Carolina court system.
Family Law Section members, please make note of Chief Justice Beasley’s announcement today regarding the COVID-19 (Coronavirus) impact on court operations, which goes into effect on Monday, March 16. You can access her announcement here:
Although courthouses will remain open, this will have a direct impact on many of us practicing in the North Carolina Court System because all court proceedings will be rescheduled for at least 30 days, with some exceptions.
Litigation Section members should pay particular attention to today’s announcement by Chief Justice Beasley regarding the operation of the North Carolina court system during the outbreak of COVID-19 (coronavirus). For your convenience, a link to the announcement is here.
In summary, the Chief Justice’s Order states the following:
EFFECTIVE MONDAY, MARCH 16, 2020, for 30 days, Chief Justice Beasley ordered the rescheduling of District and Superior Court proceedings calendared between March 16 and April 16. No District or Superior Court matters can be added to the calendar during the 30-day period either.
E-filing has improved the lives of lawyers everywhere. Traveling when that brief is due? You can file from the vacation house. Still fine-tuning after business hours? The court is always open! CM/ECF has been crucial for the expeditious filing of petitions and pleadings and for reducing paper record requirements for the federal courts. It has been good news for bankruptcy judges, too—they no longer accept petitions delivered to them at home, as multiple judges would do for chapter 11 emergency filings!
CM/ECF is upgrading to NextGen CM/ECF in federal courts across the country. As of October 2019, the bankruptcy courts in the Eastern and Western Districts of North Carolina have deployed NextGen CM/ECF. The Middle District of North Carolina has a projected go-live date in late spring or early summer 2020.
For external users, the only noticeable NextGen CM/ECF change may relate to “Central Sign-On,” a new feature that allows attorneys to maintain one filing account across all NextGen courts (appellate, district, and bankruptcy) and through all job transitions.
The North Carolina Supreme Court nixed a putative class-action lawsuit against a property insurer and validated the insurer’s untested practice of depreciating labor costs under actual cash value (“ACV”) policies. A unanimous Court held that an insurance policy provision allowing a deduction for depreciation of labor costs for roof repairs applied to all repairs to the dwelling. Although the amount at issue for the individual plaintiff was only $169.30, the decision has far-reaching implications for the adjustment of first-party property damage claims.
Accardi v. Hartford Underwriting Insurance Company arose out of a hailstorm claim in which plaintiff-homeowner Thomas Accardi sustained damage to his roof, siding and garage. Accardi had a homeowner’s policy with Hartford that required Hartford to pay plaintiff the ACV of the damaged property until repairs were completed. If the property were repaired and the repairs cost more than the ACV, then Hartford was required to reimburse Plaintiff for the full amount of the repair costs, minus the deductible.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00InsuranceLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngInsuranceLaw2020-03-11 11:36:382020-03-12 09:18:43N.C. Supreme Court Gives Green Light for Insurers to Depreciate Labor Costs
Legal Authority for Restrictions of Public Access and Conduct in Guilford County Facilities
Government & Public SectorFederal and State law have long-recognized that the public does not have unfettered access to public buildings. The U.S. Supreme Court has noted that “it is settled law that the First Amendment does not guarantee access to property simply because it is owned or controlled by the government.” Hemmati v. United States, 564 A.2d 739 (1989); see also USPS v. Greenburgh Civic Associations 453 U.S. 114 (1981). “The State, no less than a private owner of property, has power to preserve the property under its control for use to which it is lawfully dedicated.” Adderley v. Florida, 385 U.S. 39, 47, 17 L.Ed. 2d 149 (1966); see also Cox v. State of La., 379 U.S. 536, 554, 85 S. Ct. 453, 464, 13 L.Ed. 2d 471 (1965).
These long-standing precepts are being tested and challenged by a group of individuals, including so-called “First Amendment Auditors.” These are a loosely organized group of individuals whose agenda consists of variations on the following theme: the First Amendment authorizes any member of the public to enter into any government space and go anywhere within that space. Many of these individuals film all interactions with public officials, employees, and security and take actions that, in some instances, are clearly intended to provoke a negative response. These interactions are usually live-streamed or posted on social media after editing. As they travel from jurisdiction to jurisdiction, it is likely that your municipality or county will be visited by these individuals.
Read more
Ethical Considerations for North Carolina Litigators During COVID-19
Litigation SectionAmy Richardson
Marilyn Forbes
By Amy Richardson and Marilyn Forbes
COVID-19 (coronavirus) has created uncertainty in all areas including in our professional lives. The following are a few ethical considerations that litigators should keep in mind during this time.
COMMUNICATION: Make sure to update and timely respond to your clients. North Carolina Rule of Professional Conduct 1.4 governs communications between lawyers and their clients. Rule 1.4 requires, among other things, that lawyers keep their clients “reasonably informed about the status of the matter.” Clients with pending matters may be concerned about the impact of Chief Justice Beasley’s March 13, 2020 Order on their particular case. Lawyers with cases impacted by the Order should provide guidance to their clients on the current impact and potential impact of the matter. It is appropriate to tell your clients that things are in flux, but that you are monitoring developments.
Read more
Updates in Light of COVID-19
Workers' Compensation SectionEleasa Allen
Heather Baker
By Eleasa Allen and Heather Baker
This is a post to provide the Section with some updates in light of the changes, postponements, and closures as a result of COVID-19/Coronavirus. This is an evolving situation that will have varying impacts on each of us. We encourage everyone to remain flexible. As additional information is disseminated, we will be sure to share it with you.
Due to concerns regarding safety and public gatherings, the Section’s social scheduled for April 23, 2020 at the Greensboro Grasshoppers baseball game has been cancelled. There should be additional social events scheduled in the future, so stay tuned for those.
Read more
Recognition of Judge Fred Morrison’s Fifty Years of Service to North Carolina
Administrative LawThe North Carolina Bar Association Administrative Law Division is proud to have had Judge Fred G. Morrison, Jr. as a member since 1966. Judge Morrison has been a stalwart of service to the state of North Carolina for fifty years. He has been recognized by Governor Roy Cooper and, most recently by Chief Justice Cheri Beasley for his five decades of civil service to our state. During that time, Judge Morrison has served our state as a board attorney with the City of Thomasville, legal counsel to the governor of North Carolina, and as an Administrative Law Judge, to name a few positions. He has been instrumental in not only helping to bring about positive change to prisons in North Carolina but also through his work with the Jaycees. Judge Morrison has had exceptional personal support from his wife, Carolyn, and is a proud Wake Forest School of Law Alumnus.
Read more
Fight Hunger, Help Others in the COVID-19 Pandemic – Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!
Litigation SectionOur section membership has a strong tradition of supporting and participating in pro bono and community service activities—both those planned and sponsored by the NCBA and those that you undertake on your own or with other organizations. We are in unprecedented times with COVID-19 (Coronavirus), and I am confident that each of you is doing your part.
Even in the best of times, however, over 1.5 Million North Carolinians struggle with hunger—of those, nearly half a million are children. With public schools and many religious and nonprofit organizations that traditionally serve the food insecure in our communities being closed for indefinite periods, and government leaders calling for social distancing to help limit the spread of Coronavirus, that need is never more pressing than now.
Read more
Judicial Updates on COVID-19
Criminal JusticeCriminal Justice Section members should pay close attention to rapidly developing guidance from state and federal courts concerning COVID-19. The most recent guidance is summarized below, and the relevant orders are linked. Please also check with your local courts to track developments affecting you and your clients; as of 11:00 a.m. Monday, March 16, 2020, 16 counties were reporting court closings and/or advisories.
NC State Courts
Chief Justice Beasley entered an order on Friday, March 13 regarding the operation of the North Carolina court system.
Read more
Chief Justice Cheri Beasley’s Announcement Regarding COVID-19 (Coronavirus)
Family Law SectionFamily Law Section members, please make note of Chief Justice Beasley’s announcement today regarding the COVID-19 (Coronavirus) impact on court operations, which goes into effect on Monday, March 16. You can access her announcement here:
Although courthouses will remain open, this will have a direct impact on many of us practicing in the North Carolina Court System because all court proceedings will be rescheduled for at least 30 days, with some exceptions.
Read more
Judicial Update – COVID-19
Litigation SectionBy Martha J. Efird
Litigation Section members should pay particular attention to today’s announcement by Chief Justice Beasley regarding the operation of the North Carolina court system during the outbreak of COVID-19 (coronavirus). For your convenience, a link to the announcement is here.
In summary, the Chief Justice’s Order states the following:
EFFECTIVE MONDAY, MARCH 16, 2020, for 30 days, Chief Justice Beasley ordered the rescheduling of District and Superior Court proceedings calendared between March 16 and April 16. No District or Superior Court matters can be added to the calendar during the 30-day period either.
Read more
NextGen CM/ECF – Citation Recognition Tips and Tricks
BankruptcyE-filing has improved the lives of lawyers everywhere. Traveling when that brief is due? You can file from the vacation house. Still fine-tuning after business hours? The court is always open! CM/ECF has been crucial for the expeditious filing of petitions and pleadings and for reducing paper record requirements for the federal courts. It has been good news for bankruptcy judges, too—they no longer accept petitions delivered to them at home, as multiple judges would do for chapter 11 emergency filings!
CM/ECF is upgrading to NextGen CM/ECF in federal courts across the country. As of October 2019, the bankruptcy courts in the Eastern and Western Districts of North Carolina have deployed NextGen CM/ECF. The Middle District of North Carolina has a projected go-live date in late spring or early summer 2020.
For external users, the only noticeable NextGen CM/ECF change may relate to “Central Sign-On,” a new feature that allows attorneys to maintain one filing account across all NextGen courts (appellate, district, and bankruptcy) and through all job transitions.
Read more
N.C. Supreme Court Gives Green Light for Insurers to Depreciate Labor Costs
Insurance Law SectionAccardi v. Hartford Underwriters Ins. Co., ___ N.C. __ , No. 42A19 (Feb. 28, 2020)
The North Carolina Supreme Court nixed a putative class-action lawsuit against a property insurer and validated the insurer’s untested practice of depreciating labor costs under actual cash value (“ACV”) policies. A unanimous Court held that an insurance policy provision allowing a deduction for depreciation of labor costs for roof repairs applied to all repairs to the dwelling. Although the amount at issue for the individual plaintiff was only $169.30, the decision has far-reaching implications for the adjustment of first-party property damage claims.
Accardi v. Hartford Underwriting Insurance Company arose out of a hailstorm claim in which plaintiff-homeowner Thomas Accardi sustained damage to his roof, siding and garage. Accardi had a homeowner’s policy with Hartford that required Hartford to pay plaintiff the ACV of the damaged property until repairs were completed. If the property were repaired and the repairs cost more than the ACV, then Hartford was required to reimburse Plaintiff for the full amount of the repair costs, minus the deductible.
Read more