Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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33 results
for "Brannon, Joan G"
Record #:
20020
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The 2005 NC General Assembly enacted a number of bills affecting small claims and miscellaneous duties of magistrates. Brannon discusses these changes, including small claims procedures, landlord tenant issues, and domestic violence.
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Record #:
20014
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This bulletin deals with the third of three authorizations North Carolina law allows for magistrates to take guilty pleas. N.C.G.S. 7A-273(1) provides that magistrates may accept guilty pleas or admissions of responsibility and enter judgment for infractions in which the maximum penalty that can be imposed is not more than $50 and for Class 3 misdemeanors (Class 3 misdemeanor jurisdiction). The Bulletin also list Infractions and Misdemeanors and the maximum punishment for each.
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Record #:
29963
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A new bill passed in 1981 allows North Carolina residents to claim a substantially greater amount of their property to be exempt from seizure and sale to pay off judgments against them than they formerly held. This memorandum discusses the legislation and the authority of sheriffs under this new law.
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Record #:
20240
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This bulletin discusses the special pretrial release rules that apply to domestic violence crimes. It also includes a chart of domestic violence crimes listing crime charged, relationship between defendant and victim, whether a judge may set bond for the first 48 hours after arrest, authority to arrest without warrant for offenses out of officer's presence, and Crime Victims' Rights Act (VRA) application.
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Record #:
29951
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The June 1982 session of the General Assembly made some modifications to the procedure for designating exemptions. This memorandum discusses the changes and new procedures.
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Record #:
29949
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The United States Supreme Court in the recent decision of Greene v. Lindsey limited the use of posting as a method of service of process in summary ejectment cases. The decision was narrow and did not rule that service of process by posting was unconstitutional in every case. Greene involved a statute similar to North Carolina’s, which requires more effort to locate defendants before allowing service by posting.
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Record #:
19967
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This bulletin discusses a law passed in 1982 as a result of a concern that allowing motor vehicles to be towed without the opportunity for a quick hearing would be an unconstitutional taking of property without due process of law. Brannon seeks to explain the law and suggests a step-by-step procedures for holding towing hearings.
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Record #:
19968
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On July 1, 1983, a new statute takes effect governing the towing of vehicles by law enforcement officers. The old law expires June 30. The new law sets out the procedures officers must follow before or after having a vehicle towed and provides for a hearing before a magistrate for owners who wish to contest the towing.
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Record #:
29936
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This memorandum discusses a recent appellate court decision; Household Finance Corp. v. Ellis, which interprets the North Carolina statutes providing exemptions from judgments. The decision will have an impact on the procedure followed by clerks in issuing writs of execution and by sheriffs in serving them.
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Record #:
26259
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A topic of discussion among psychiatrists and therapists in North Carolina has been potential liability for injuries to other persons caused by violent patients under their care. Litigation dealing with this liability is based on the law of negligence. Psychotherapists have the duty to act when they believe the patient is dangerous to a readily identifiable victim.
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Record #:
20103
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In the recent crime session, the General Assembly, in Ch. 4, S. L. 1993 (1994 Extra Session) provided that chief district judges may allow magistrates to hear requests for ex parte domestic violence protective orders and to issue show cause orders for contempt of domestic violence orders in certain limited circumstances. This memorandum may help in identifying some of the issues to be resolved. It also includes some information for magistrates who are hearing motions for ex parte protective orders.
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Record #:
29945
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Two bills enacted by the 1983 Session of the General Assembly will have a major impact on summary ejectment or eviction cases. This memorandum discusses laws on how the sheriff must serve the complaint and summons in an eviction case, and procedures for serving a writ of ejectment.
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Record #:
18359
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When the judicial system of North Carolina was completely reorganized in 1965, the office of magistrate was created within the District Court Division to replace the office of the justice of the peace. Magistrates perform many criminal duties such as issues warrants and setting bail. This article examines magistrates' civil courts, which are called small-claims, courts in North Carolina.
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Record #:
30019
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This memorandum deals with some of the legal issues that may arise under North Carolina’s new Landlord-Tenant Law. A copy of the new law is also included.
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Record #:
29973
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North Carolina Administrative Office of the Courts is unable to fund regional magistrates’ schools this fall. Accordingly, this memorandum covers all legislation enacted in 1980 by the General Assembly and all North Carolina appellate court decisions of the last year of interest to magistrates.
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