Tick-tock: February Means Attorneys Have 28 Days To Meet CLE Deadline

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By Kim Wentworth

Ready or not, February is upon us.

As of Feb. 1, attorneys have 28 days to get their North Carolina State Bar Mandatory Continuing Legal Education (MCLE) in for 2016.

As attorneys know, they must complete 12 hours of CLE credit each year. Two of these hours must be ethics/professional responsibility credit and at least once every three calendar years, each attorney must complete one hour of substance abuse/mental health credit.

We all know how busy things get for attorneys and how the year can easily slip away, then before you know it, the grace period is almost over and you still don’t have your CLE hours completed. For that reason, the NCBA CLE department makes sure that its February schedule is as jam-packed as possible in order to give everyone ample opportunity to get their hours completed. It is our mission to get everyone across that finish line.

Here are some numbers to highlight what February looks like at the Bar Center and around the state:

  • 16 live programs this month in three locations — Cary, Greensboro and Pinehurst;
  • 12 webcasts members can participate in from the comfort of their own home or office;
  • 66 video replays happening in 17 cities all across the state including Cary, Winston-Salem, Concord, Pinehurst, New Bern, Boone, Wilson, Wilmington, Asheville, Greensboro, Fayetteville, Hickory, Lumberton, Roanoke Rapids, Charlotte, Manteo and Shelby;
  • 40 phone/audio streaming options, five webinar options and over 800 on-demand programs to view from your computer or mobile device;
  • Two Marathon Days (Feb. 25 and 28) when you can earn up to 18 hours of MCLE credit including seven hours of ethics/professional responsibility and four hours of substance abuse/mental health hours.

By the time this month comes to an end, not only will we have all lawyers caught up on their MCLE credit hours, we will also be celebrating another successful February in the books.

 

 

 

 

Chief Justice’s Commission Issues Report With Blueprint For Improving Indigent Defense

By Thomas K. Maher

On Dec. 2, 2016, the North Carolina Commission on the Administration of Law and Justice, which was the result of work by Chief Justice Martin, met for the final time. The commission worked through five committees, including the Criminal Investigation and Adjudication Committee. The Criminal Investigation and Adjudication Committee worked on several subjects, including the age of juvenile jurisdiction, pre-trial release, case management and indigent defense.  The work on indigent defense was done through a subcommittee, which included members with a wide range of experience, including two Chief Public Defenders, an elected District Attorney, a Sheriff, Magistrate, as well as District and Superior Court judges.  Professor Jessica Smith, from the School of Government, served as the reporter, and was instrumental in the production of the final report.

The 51-page report provides an in-depth discussion of the many challenges that any indigent defense system faces. The report also makes specific recommendations for improving North Carolina’s indigent defense system, some of which can be implemented without legislative action, and some of which will require legislation. These recommendations are a long-term blueprint for strengthening indigent defense. All of the recommendations are geared toward achieving a criminal justice system in which the quality of justice does not depend on the wealth of the defendant. The report emphasizes the importance of providing effective assistance of counsel to all who find themselves in the criminal justice system, observing that the cost of not providing effective representation includes not only wrongful convictions, but also excessive pre-trial detention, increased pressure on innocent persons to plead guilty, excessive sentences, and the dramatic collateral consequences that often accompany a criminal conviction. Indeed, the opening paragraph of the report states:

As the United States Supreme Court recently declared: “No one doubts the fundamental character of a criminal defendant’s Sixth Amendment right to the ‘Assistance of Counsel.’ ” This right is so critical that the high Court has deemed its wrongful deprivation to constitute “structural” error, affecting the very “framework within which the trial proceeds.” For indigent defendants, this fundamental right to effective assistance of counsel must be provided at state expense. When the system fails to provide this right, it denies indigent defendants justice. That denial has very real consequences for defendants, including excessive pretrial detention, increased pressure on innocent persons to plead guilty, wrongful convictions, and excessive sentences

There is no doubt that indigent defense throughout much of the United States is in a state of crisis, and that North Carolina is beginning to see the impact of lessened resources for indigent defense. The eroding quality of  indigent defense is an issue that concerns not only the usual liberal supporters of providing adequate counsel for those too poor to hire a lawyer, but also conservatives, such as Charles Koch, chairman and CEO of Koch Industries. The bi-partisan recognition of the importance of a healthy indigent defense system should provide hope that positive change is possible.

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Wellness: When Feeling Good Feels Even Better Than Losing Weight

By Russell Rawlings

Wellness was not a familiar term when I did something about mine in 1978. That was the year I lost 140 pounds and changed my life forever.

Whether that qualifies me to write on the subject of wellness remains to be seen. There’s certainly more to wellness than losing weight. On the other hand, wellness would be difficult to achieve without some semblance of weight control.

If there is any advantage to having been the fat kid in school all the way into my senior year of college, it would be my experience with weight. From gaining it to losing it, from living with it to keeping it off, I know weight, and it knows me.

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