The recent criminal justice reform bill passed by the North Carolina General Assembly discussed here has caused local governments to review their ordinances to ensure they comply with the new law. In doing so, entities need to ensure the revisions don’t conflict with other portions of the ordinances. The recent opinion of Frazier v. Town…
Effective October 1, 2021, the North Carolina General Assembly enacted a new law regarding judicial assignment related to medical malpractice cases. N.C. Gen. Stat. § 7A-47.3 (directing the rotation and assignment of superior court judges) has been amended to add a subsection, “[t]he Senior Resident Superior Court Judge shall designate a specific resident judge or…
Governor Roy Cooper recently signed Senate Bill 300—a criminal justice reform bill—into law. The bill, reflecting the impact of the national conversation surrounding reform in law enforcement and attempts to address the calls for transparency from those who wear the badge, is expected to have major impacts on law enforcement and local governments in North…
The recent story of the zebra cobra loose in Raleigh made national news and, in the process, captured our attentions and nightmares. The story fascinated people of all ages who eventually came to the same conclusion: “How can someone own a zebra cobra in North Carolina?” Interestingly, current North Carolina laws permit a person to…
As the world continues to open up as it gets warmer out, municipalities are faced with their spring cleaning to-do lists, which may require the assistance of independent contractors. The concern local leaders have in calling on independent contractors is the potential exposure in the event something goes wrong. North Carolina case law draws the…
Article I, Section 15 of the North Carolina Constitution provides that “[t]he people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right.” N.C. Const. art. I, § 15. The North Carolina Constitution implements this provision in Article IX, Section 2 by commanding…
We finally have more guidance on ways local governments may use their allotted ARPA recovery funds. On May 10, 2021, the United States Treasury adopted a final interim rule and put out a factsheet outlining the different ways eligible local governments can use their fiscal recovery funds from the federal spending package known as the…
In recent years, the Defense Bar has seen historic numbers of pro se prisoner filings. Along with this increase is a new litigation trend that involves coupling traditional medical malpractice claims under Chapter 90 of the North Carolina General Statutes with Federal civil rights claims under 42 USC Section 1983. Given the cap on non-economic…
The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021. The ARPA amends the Internal Revenue Code (IRC). Sections 9641, 9642 and 9643 of the ARPA amend the IRC by adding three new sections to Chapter 21 of the IRC: “Credit for paid sick leave,” “Payroll credit for paid family leave,” and “Special rule…
Over the last few years, a growing number of citizens have called for the removal of confederate monuments while other groups have demanded their preservation. What considerations should a local government include in its analysis in determining whether to remove a statue? The answer depends on the facts and procedural posture. In United Daughters of…