COVID-19 pandemic hits the United States. Breonna Taylor. U.S. unemployment jumps to the highest rate since the Great Depression. George Floyd. Black Lives Matter protests against racial injustices worldwide. West Coast wildfires. Ruth Bader Ginsberg dies. Chadwick Boseman dies at 43 due to colon cancer. Trump loses the presidential bid for a second term. Joe Biden is elected president of the United States. Kamala Harris is elected first Black, Indian vice president of the United States. Widespread, unproven allegations of voter fraud begin to question the validity of the election. Over 500,000 Americans die from COVID-19. Tent cities filled with homeless people surround our cities. The U.S. gives struggling Americans $600 in the midst of an economic crisis. Death penalty reinstated for federal crimes for the first time since 2003. One in five prisoners in the U.S. contract COVID-19. Insurrectionists storm the U.S. Capitol. Trump becomes the first U.S. President to be impeached twice. The list goes on . . .
It’s hard to believe that all of the above-listed events happened within a one-year span. It is as if one day we were all living our regular lives and then tragedy struck. Life as we knew it changed. We could no longer do mundane activities that we once took for granted. All of our past achievements and future aspirations became less important as we were grateful just to be alive. Read more
The Appellate Practice Section is pleased to present its 2021 CLE, Effective Appellate Litigation: Improving Your Practice in State and Federal Courts of Appeals.
During this program, superstars of the North Carolina bench and bar will cover a variety of topics to help you become a better and more effective appellate attorney.
Our speakers include:
Judge Allison J. Rushing, U.S. Court of Appeals for the Fourth Circuit
Judge Allegra Collins, North Carolina Court of Appeals
Judge Richard D. Dietz, North Carolina Court of Appeals
Judge Fred Gore, North Carolina Court of Appeals
Judge Lucy N. Inman, North Carolina Court of Appeals
Sean E. Andrussier, Duke University School of Law
James W. Doggett, North Carolina Department of Justice
Robert E. Harrington, Robinson, Bradshaw & Hinson, P.A.
Richard E. Hicks, Ph.D., HRC Behavioral Health & Psychiatry PA
Mark A. Hiller, Robinson, Bradshaw & Hinson, P.A.
John J. Korzen, Wake Forest University School of Law
Matthew N. Leerberg, Fox Rothschild LLP
Timothy P. Lendino, Compass Group North America
Michelle A. Liguori, Ellis & Winters LLP
Sripriya Narasimhan, North Carolina Department of Justice
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Appellatehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAppellate2021-05-05 13:04:432021-05-05 13:05:39Join the Appellate Practice Section for Effective Appellate Litigation: Improving Your Practice in State and Federal Courts of Appeals
As of April 2019, there were over 1,225,000 active license suspensions in the state of North Carolina related to unpaid traffic fines and failure to appear in court.[1] Even more disheartening is that poverty and systemic racism, rather than a willful refusal to appear in court or to pay fines, are the driving factors of a majority of these suspensions.
The statewide suspension rate of Black or African American drivers is four times higher than that of white, non-Hispanic drivers. This racial disparity is higher in some counties, both urban and rural. For example, in Wake County, the suspension rate for Black or African American drivers is seven times higher than that of white, non-Hispanic drivers. In Rowan and Cabarrus counties, it’s more than five times higher. In Watauga County, it’s almost seven times higher. These findings are based on all available data.[2]
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Paralegalshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngParalegals2021-05-05 12:29:552021-05-05 16:46:16Volunteer for the Paralegal Division Virtual Driver’s License Event on June 8, 2021
The Senior Lawyers Division had its Spring Meeting on April 15; once again on Zoom, with the Chair, Justice Rhoda Billings, presiding. The meeting was preceded by a meeting of the Council on April 13, and the Bar Association’s CLE program “Planning for Success: Succession Planning and Business Continuity for All Stages of Your Legal Career” intervened on April 14. Attendance at the Spring Meeting was nearly 50 members. Business included the election of the Chair-Elect, Judge Richard Doughton; Secretary, Ed Gaskins; Treasurer, Hank Van Hoy; Council Member, Lynn Gullick; Council Member, Susan Olive; Council Member, Barbara Morgenstern; and Council Member, Elizabeth Quick.
Please join the Appellate Practice Section for our next Bluebook Club meetings. Sign up now to join a small group of other appellate-minded attorneys for a Zoom social meeting. You can choose from two dates (or join us for both). Each registrant will be assigned into a small group of other participants for a quick and fun discussion over the lunch break. Whether you have attended one of our previous sessions or are a new participant, we would love for you to join us!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Appellatehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAppellate2021-04-29 10:49:262021-04-29 10:49:26Be a Part of The Bluebook Club
Last week the Supreme Court of North Carolina adopted amendments to the General Rules of Practice, clearing the way for the implementation of the Judicial Branch’s eCourts initiative. In case you missed it, over the next few years, North Carolina Courts will implement the Odyssey Integrated Case Management System (Odyssey ICMS), which among other things, will allow attorneys to file pleadings digitally.
The Supreme Court’s recent order affects the following rules:
Rule 5, “Filing of Pleadings and Other Documents in Counties with Odyssey”
Rule 5.1, “Filing of Pleadings and Other Documents in Counties Without Odyssey”
Rule 22, “Local Rules of Practice and Procedure”
Rule 27, “Sealed Documents and Protective Orders”
Read the rest of the NCAOC’s press release here —LINK.
The first four counties — Harnett, Johnston, Lee, and Wake — are projected to go live on Odyssey in August 2021. Electronic filing is one small component of the eCourts initiative. For a full listing of all the changes you can expect in the near future, please visit NCAOC’s eCourts webpage for a comprehensive explanation of the eCourts initiative and rollout plan — LINK.
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.pngLitigation2021-04-29 10:18:282021-05-03 09:09:28North Carolina Courts Take Another Step Towards Digital Filing
We thought we’d take a moment to note a few recent legislative items involving military members and veterans in North Carolina. House Bill 584, which is currently in the House, seeks to allow post-traumatic stress disorder to be taken into consideration by courts when a veteran is being sentenced: https://www.ncleg.gov/BillLookup/2021/h584. The bill states that if a veteran has been diagnosed with post-traumatic stress disorder in connection with his or her military service and is undergoing professional treatment, this condition can be a mitigating factor in sentencing.
Finally, Governor Cooper signed House Bill 138 into law last week, which recognizes April 24 as Wounded Heroes Day in North Carolina. It is in honor of retired Sgt. Michael Verardo, who was catastrophically wounded in Afghanistan while serving with the 82nd Airborne Division in 2010.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00MilitaryandVeteranshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngMilitaryandVeterans2021-04-29 09:39:502021-04-29 09:39:50Recent Military and Veteran-Related Legislation in North Carolina
The American Bar Association hosts Law Day every first Friday of May to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession. Law Day 2021 will focus on “reminding us that we the people share the responsibility to promote the rule of law, defend liberty, and pursue justice.” The North Carolina Bar Association’s Law Week and Liberty Bell Committee hosts several competitions to recognize students and legal professionals throughout the State that have dedicated their time to pursuing justice and being a voice for all. Please see a list of the competitions below:
Liberty Bell Award: The Liberty Bell award is one of the most prestigious awards a North Carolinian can receive. The award is given to individuals who have made significant contributions or exemplify lifelong service to the law in North Carolina. Past recipients have included prominent lawyers, judges, and legislators.
McIntyre Award: The McIntyre Youth Leadership Challenge allows middle school and high school students to develop plans to help their communities and share them through public speaking on citizenship.
Essay Competition: The Law Day Essay Contest is a fun and challenging experience for North Carolina students in sixth through 12th grade and an opportunity for their respective schools to participate in Law Day.
Poster Competition: The Law Day Poster Art Contest is a fun and challenging experience for North Carolina students in 3rd-5th grade and an opportunity for their respective schools to participate in Law Day.
Moot Court Competition: The Moot Court Competition brings together middle and high school students for a chance to take on real-life legal scenarios to showcase their preparation, logical reasoning, and oral skills. These students argue in front of volunteer attorneys, and those who reach the final round have a chance to present their argument to the N.C. Supreme Court Justice and Court of Appeals Judges.
Please join us in celebrating these public officials, attorneys, and students who continue to strive to make a difference in our State on Friday, May 7 at 12:30 p.m.! Please RSVP here to join the event.
In response to public comments, the Office of Administrative Hearings and the Rules Review Commission have approved amendments to the Administrative Rule Style Guide. The updated version of the Style Guide is now available here on the OAH website.
If you want to see exactly what changed, a redline version is available here. Examples of changes include: use of “their” as a plural pronoun, and clarification of which statutes to cite in a history note.
As a reminder, the Style Guide is meant to assist agencies drafting rules; it is not a binding document. If you have any questions, contact Rules Division staff.
From OSBM:
OSBM has updated its guidance materials for regulatory impact analyses to more fully address common questions and challenges. The revised guidance can be accessed in the State Budget Manual Chapter 10. Additional resources, helpful links, and the archive of approved analyses are also available on OSBM’s regulatory analysis webpage.
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.pngAdministrative2021-04-28 09:05:232021-04-28 09:05:23News About Rulemaking in North Carolina
Beginning this summer, the Judicial Branch will implement Odyssey, a statewide electronic-filing and case-management system. The system will be made available across the state in phases over the next few years. Among other things, the amendments adopted by the Supreme Court define electronic filing in counties with Odyssey.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Paralegalshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngParalegals2021-04-26 16:28:042021-05-05 16:46:39The Supreme Court of North Carolina Adopts Electronic-Filing Rules for the Implementation of eCourts
Blurred Lines
Young Lawyers DivisionThis piece was selected as a winning entry in the YLD’s 2021 Writing Competition.
By Lashieka Hardin
COVID-19 pandemic hits the United States. Breonna Taylor. U.S. unemployment jumps to the highest rate since the Great Depression. George Floyd. Black Lives Matter protests against racial injustices worldwide. West Coast wildfires. Ruth Bader Ginsberg dies. Chadwick Boseman dies at 43 due to colon cancer. Trump loses the presidential bid for a second term. Joe Biden is elected president of the United States. Kamala Harris is elected first Black, Indian vice president of the United States. Widespread, unproven allegations of voter fraud begin to question the validity of the election. Over 500,000 Americans die from COVID-19. Tent cities filled with homeless people surround our cities. The U.S. gives struggling Americans $600 in the midst of an economic crisis. Death penalty reinstated for federal crimes for the first time since 2003. One in five prisoners in the U.S. contract COVID-19. Insurrectionists storm the U.S. Capitol. Trump becomes the first U.S. President to be impeached twice. The list goes on . . .
It’s hard to believe that all of the above-listed events happened within a one-year span. It is as if one day we were all living our regular lives and then tragedy struck. Life as we knew it changed. We could no longer do mundane activities that we once took for granted. All of our past achievements and future aspirations became less important as we were grateful just to be alive. Read more
Join the Appellate Practice Section for Effective Appellate Litigation: Improving Your Practice in State and Federal Courts of Appeals
Appellate PracticeJonathan Ellis
Erik Zimmerman
By Jonathan Ellis and Erik Zimmerman
The Appellate Practice Section is pleased to present its 2021 CLE, Effective Appellate Litigation: Improving Your Practice in State and Federal Courts of Appeals.
During this program, superstars of the North Carolina bench and bar will cover a variety of topics to help you become a better and more effective appellate attorney.
Our speakers include:
Read more
Volunteer for the Paralegal Division Virtual Driver’s License Event on June 8, 2021
Paralegal DivisionBy Rachel Royal
As of April 2019, there were over 1,225,000 active license suspensions in the state of North Carolina related to unpaid traffic fines and failure to appear in court.[1] Even more disheartening is that poverty and systemic racism, rather than a willful refusal to appear in court or to pay fines, are the driving factors of a majority of these suspensions.
The statewide suspension rate of Black or African American drivers is four times higher than that of white, non-Hispanic drivers. This racial disparity is higher in some counties, both urban and rural. For example, in Wake County, the suspension rate for Black or African American drivers is seven times higher than that of white, non-Hispanic drivers. In Rowan and Cabarrus counties, it’s more than five times higher. In Watauga County, it’s almost seven times higher. These findings are based on all available data.[2]
Read more
The SLD Has Met!
Senior Lawyers DivisionThe Senior Lawyers Division had its Spring Meeting on April 15; once again on Zoom, with the Chair, Justice Rhoda Billings, presiding. The meeting was preceded by a meeting of the Council on April 13, and the Bar Association’s CLE program “Planning for Success: Succession Planning and Business Continuity for All Stages of Your Legal Career” intervened on April 14. Attendance at the Spring Meeting was nearly 50 members. Business included the election of the Chair-Elect, Judge Richard Doughton; Secretary, Ed Gaskins; Treasurer, Hank Van Hoy; Council Member, Lynn Gullick; Council Member, Susan Olive; Council Member, Barbara Morgenstern; and Council Member, Elizabeth Quick.
Read more
Be a Part of The Bluebook Club
Appellate PracticeBy Amie Sivon
Please join the Appellate Practice Section for our next Bluebook Club meetings. Sign up now to join a small group of other appellate-minded attorneys for a Zoom social meeting. You can choose from two dates (or join us for both). Each registrant will be assigned into a small group of other participants for a quick and fun discussion over the lunch break. Whether you have attended one of our previous sessions or are a new participant, we would love for you to join us!
First Option
When | Thursday, May 13, noon to 12:30 p.m.
RSVP | Click here (please log in to register)
Notes | Only those registered by noon on May 12 will be able to attend. The Zoom link will be sent before the event.
Second Option
When | Tuesday, May 25, 1 to 1:30 p.m.
RSVP | Click here (please log in to register)
Notes | Only those registered by noon on May 24 will be able to attend. The Zoom link will be sent before the event.
North Carolina Courts Take Another Step Towards Digital Filing
Litigation SectionLast week the Supreme Court of North Carolina adopted amendments to the General Rules of Practice, clearing the way for the implementation of the Judicial Branch’s eCourts initiative. In case you missed it, over the next few years, North Carolina Courts will implement the Odyssey Integrated Case Management System (Odyssey ICMS), which among other things, will allow attorneys to file pleadings digitally.
The Supreme Court’s recent order affects the following rules:
Read the rest of the NCAOC’s press release here — LINK.
The first four counties — Harnett, Johnston, Lee, and Wake — are projected to go live on Odyssey in August 2021. Electronic filing is one small component of the eCourts initiative. For a full listing of all the changes you can expect in the near future, please visit NCAOC’s eCourts webpage for a comprehensive explanation of the eCourts initiative and rollout plan — LINK.
Recent Military and Veteran-Related Legislation in North Carolina
Military & Veterans LawWe thought we’d take a moment to note a few recent legislative items involving military members and veterans in North Carolina. House Bill 584, which is currently in the House, seeks to allow post-traumatic stress disorder to be taken into consideration by courts when a veteran is being sentenced: https://www.ncleg.gov/BillLookup/2021/h584. The bill states that if a veteran has been diagnosed with post-traumatic stress disorder in connection with his or her military service and is undergoing professional treatment, this condition can be a mitigating factor in sentencing.
There are also a number of bills aimed at providing tax relief to veterans and military retirees. HB 83, Eliminate Income Tax for Military Retirees (https://www.ncleg.gov/BillLookUp/2021/H83) and S12, Military Retiree State Income Tax Relief (https://www.ncleg.gov/BillLookUp/2021/S12).
Finally, Governor Cooper signed House Bill 138 into law last week, which recognizes April 24 as Wounded Heroes Day in North Carolina. It is in honor of retired Sgt. Michael Verardo, who was catastrophically wounded in Afghanistan while serving with the 82nd Airborne Division in 2010.
Thank you, and hope you’re well!
YLD e-Blast: April 2021
Young Lawyers DivisionChristina Cress
Claire O’Brien
By Christina Cress and Claire O’Brien
Dates to Know
May 6 | Labor & Employment Law Section Annual Meeting | 3 to 3:30 p.m.
May 7 | 2021 Law Day Ceremony | 12:30 p.m.
May 14 | Minorities in the Profession Committee & YLD: How To Build Your Brand as a Diverse Attorney | 11:30 a.m. to 1 p.m.
May 19 | Final YLD Lunch & Learn Series: Part 4 = Working in Big Law | noon
Committee and Section Updates
Law Week and Liberty Bell Committee
The American Bar Association hosts Law Day every first Friday of May to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession. Law Day 2021 will focus on “reminding us that we the people share the responsibility to promote the rule of law, defend liberty, and pursue justice.” The North Carolina Bar Association’s Law Week and Liberty Bell Committee hosts several competitions to recognize students and legal professionals throughout the State that have dedicated their time to pursuing justice and being a voice for all. Please see a list of the competitions below:
Please join us in celebrating these public officials, attorneys, and students who continue to strive to make a difference in our State on Friday, May 7 at 12:30 p.m.! Please RSVP here to join the event.
Read more
News About Rulemaking in North Carolina
Administrative LawFrom OAH:
In response to public comments, the Office of Administrative Hearings and the Rules Review Commission have approved amendments to the Administrative Rule Style Guide. The updated version of the Style Guide is now available here on the OAH website.
If you want to see exactly what changed, a redline version is available here. Examples of changes include: use of “their” as a plural pronoun, and clarification of which statutes to cite in a history note.
As a reminder, the Style Guide is meant to assist agencies drafting rules; it is not a binding document. If you have any questions, contact Rules Division staff.
From OSBM:
OSBM has updated its guidance materials for regulatory impact analyses to more fully address common questions and challenges. The revised guidance can be accessed in the State Budget Manual Chapter 10. Additional resources, helpful links, and the archive of approved analyses are also available on OSBM’s regulatory analysis webpage.
The Supreme Court of North Carolina Adopts Electronic-Filing Rules for the Implementation of eCourts
Paralegal DivisionBy the Supreme Court’s Office of Administrative Counsel
The Supreme Court of North Carolina has adopted amendments to the General Rules of Practice for the Superior and District Courts in response to the Judicial Branch’s ongoing eCourts initiative. The Supreme Court’s order amending the rules was adopted on April 21, 2021, and is effective on May 10, 2021.
Beginning this summer, the Judicial Branch will implement Odyssey, a statewide electronic-filing and case-management system. The system will be made available across the state in phases over the next few years. Among other things, the amendments adopted by the Supreme Court define electronic filing in counties with Odyssey.
Read more