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City of Asheville unsuccessfully tries to sanction journalists’ lawyer for records requests
The City of Asheville had warned attorney Ben Scales not to keep pushing his requests to force dozens of city employees to testify at a criminal trial. Officials had argued the attorney’s subpoenas were “patently improper,” that they subjected staff to “undue burden and expense,” and “deviated from applicable legal standards.” They’d told him that […]
No lifer-parole bill this session, but some non-lifer prisoners support it
Uri Small isn’t serving a life sentence, but he might as well be. He’s been in prison for 25 years, since he was 19 years old. He doesn’t expect to get out until he is 67. When he dies, he likely will have spent more of his life in prison than free. And yet, as […]
Lawyer asks court to delay, dismiss Asheville journalists’ case as trial nears
An attorney for two journalists convicted of trespassing while reporting in a public park after-hours has asked a Superior Court judge to dismiss the case, or at least delay their looming appeal trial, based on the claim that the City of Asheville and Buncombe County District Attorney’s Office haven’t complied with his subpoenas or discovery […]
Nearly half of North Carolina’s counties are “legal deserts.” State budget proposals could help with that.
Almost half of North Carolina’s counties are “legal deserts,” meaning there is less than one lawyer for every 1,000 residents, the executive director of the North Carolina Office of Indigent Defense Services (IDS) told members of state a commission Thursday morning. Almost two-thirds of North Carolina’s attorneys are in Wake, Mecklenburg, Guilford, Durham and Forsyth […]
Juvenile justice bill advances after debate on children’s rights vs. public safety
Over the concerns of advocates worried about the rights and mental health of young people charged with serious crimes, members of a House Judiciary Committee advanced a bill Wednesday that makes changes to North Carolina’s juvenile justice system. House Bill 834 would speed up the process of transferring minors charged with certain serious felonies to […]
Changing prison medical release law could make 1,000+ people eligible
Senate Republican leaders included a provision deep within their budget that would broaden North Carolina’s medical release law that offers sick, elderly and dying incarcerated people a path out of prison so they can spend the end of their lives outside the confines of a cell. Data shared with NC Newsline by Ben Finholt, director […]
Senate Budget requires new reports from prison system
The Senate budget would require the Department of Adult Correction to submit reports to the legislature on nurse staffing levels at state prisons and data on crimes committed by prison employees while they’re on the job. The provisions are located deep in the Senate budget, beginning on page 306. For the next two years the […]
Legislators advance bills giving more powers to prosecutors
Members of the Senate Rules Committee advanced two bills Thursday that would allow district attorneys to file a petition to modify a person’s probation and permit prosecutors to appoint at least one special investigator. House Bill 116 would allow district attorneys to recuse themselves from cases for “good cause” and permit each prosecutorial district across […]
Senate budget would expand medical release for aging, sick prisoners
State senators have proposed expanding the eligibility criteria for the medical release of people in North Carolina prisons, potentially giving thousands of sick and aging people in state custody an opportunity to go home before they die. The law change, which can be found on page 310 of the Senate budget, comes after an NC […]
Justice Michael Morgan not running for re-election to NC Supreme Court
Associate Justice Michael Morgan announced on Twitter Thursday morning that he will not run for re-election to retain his seat on the state Supreme Court. “With the incredibly good fortune to be the only person ever in NC to serve in 4 different judgeships over my 34 years of judicial service, I shall not seek […]
The House budgeted for Voter ID. The Senate did not.
In its budget proposal unveiled last month, North Carolina’s House of Representatives budgeted $3.5 million for the State Board of Elections to implement voter ID requirements — before the state Supreme Court even ruled on whether it was constitutional. The Senate released its budget proposal this week. Unlike their House colleagues, however, it did not […]
City, prosecutors resist records demand of lawyer for Asheville journalists
After two Asheville journalists were convicted of trespassing last month, their lawyer, Ben Scales, said he would get a bevy of documents and records before his clients appealed to Buncombe County Superior Court. On May 1, Scales attempted to make good on that promise, subpoenaing a long list of items from the Asheville Police Department. […]