Mar., 2011 - Mecklenburg County Bar
Mar., 2011 - Mecklenburg County Bar
Mar., 2011 - Mecklenburg County Bar
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<strong>Mar</strong>ch <strong>2011</strong><br />
A publication of the <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong> /26th Judicial District Vol. 37 No. 9 © <strong>2011</strong> <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong><br />
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10<br />
President’s Letter<br />
Lawyers in the News<br />
Upcoming Events<br />
Law Day Luncheon<br />
Charlotte ACC Chapter<br />
Judicial <strong>Bar</strong> Election<br />
Results<br />
MCB Nominating<br />
Committee<br />
Young Lawyers Division<br />
VLP Spotlight<br />
Accepting Nominations for<br />
Pro Bono Awards<br />
Accepting Nominations for<br />
Liberty Bell Award<br />
Court Communiqués<br />
<strong>Bar</strong> Leadership<br />
Institute <strong>2011</strong><br />
<strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong><br />
and Foundation Honored<br />
with Diversity Pride Award<br />
The <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong> (MCB)<br />
and the <strong>Mecklenburg</strong> <strong>Bar</strong> Foundation<br />
(MBF) rang in the new year with a reason to<br />
celebrate. At the <strong>2011</strong> Lowe’s Pride Awards<br />
hosted on January 15, the MCB and MFB<br />
were jointly named the <strong>2011</strong> Pride Awards<br />
Nonprofit Beneficiary for their<br />
demonstrated commitment to building<br />
social capital and fostering inclusion<br />
throughout the Charlotte community. As<br />
the Nonprofit Beneficiary, the MCB and<br />
MBF received a $10,000 donation in<br />
recognition of their good efforts.<br />
The Lowe’s Pride Awards — an annual<br />
black tie gala hosted by Pride Magazine —<br />
honors the achievements of African-<br />
Americans in the Charlotte community and<br />
serves as a fundraiser to support worthy<br />
charitable community efforts. In addition to<br />
recognizing local community organizations,<br />
the gala offers the opportunity to celebrate<br />
individuals within the community who<br />
serve as catalysts for change.<br />
This year Pride took an unconventional<br />
approach in determining which<br />
organization would receive the nonprofit<br />
monetary donation. The two nonprofit<br />
semifinalists, the <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong><br />
and Foundation and the Women’s Intercultural<br />
Exchange (WIE), were asked to<br />
provide a series of presentations<br />
highlighting the work of each organization.<br />
After viewing each organization’s<br />
presentations, gala guests were asked to cast<br />
(from the left) <strong>Bar</strong>bara Dortch, Nancy M. Roberson,<br />
Hon. Albert Diaz, Robert C. Dortch and Maya M. Engle<br />
Mayor Foxx along with MCB President A. Todd Brown<br />
and MCB Executive Director Nancy M. Roberson watch<br />
from the head table.<br />
their vote for the most deserving of the<br />
Beneficiary title.<br />
Of the presentations, perhaps the most<br />
notable and moving was a two minute creative<br />
performance by MCB members Toussaint<br />
C. Romain and LaVenetrra W. Reaves.<br />
continued on page 11
From The President<br />
A. Todd Brown<br />
MCB President<br />
What to Do?<br />
Each February, the looming CLE<br />
deadline puts a premium on meeting<br />
space at the <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong><br />
Center. A good problem to have for our<br />
CLE apparatus. So it was last month that<br />
the <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong>’s Board of<br />
Directors found itself without a meeting<br />
place. Senior Resident Superior Court<br />
Judge Richard D. Boner and Chief<br />
District Court Judge Lisa C. Bell quickly<br />
came to the rescue, however, securing<br />
space for us in our ultramodern courthouse facility, which delighted<br />
us. But one particular aspect of the judges’ “state of the courthouse”<br />
reports to the board regarding courthouse personnel has lingered<br />
with me. Judges Boner and Bell lamented the continued adverse<br />
impact to <strong>Mecklenburg</strong> <strong>County</strong>’s judicial system as a result of the<br />
state’s budget deficits, the latest projected at a whopping $3+ billion,<br />
but then added this new twist: In late January <strong>2011</strong> all Senior<br />
Resident Superior Court Judges, Chief District Court Judges, Clerks<br />
of Superior Court and District Attorneys received notice to<br />
commence implementation of a Voluntary Reduction in Force Plan.<br />
After a careful and comprehensive examination of options, the<br />
North Carolina Administrative Office of the Courts was<br />
recommending immediate implementation of the plan in the field, in<br />
part because no assurances can be made about the availability of<br />
funding for the payment of severance packages to eligible employees<br />
who reject a voluntary separation option now but who are<br />
involuntarily separated later. Because our courts have long endured<br />
budget cuts, there was concern that this new plan could prove not<br />
only demoralizing but also potentially devastating to court personnel<br />
and operations alike.<br />
<strong>Mecklenburg</strong> <strong>County</strong>’s judicial district is the state’s largest and<br />
most complex. Part of its mission is to provide fair and accessible<br />
justice to the community. A review of recent statistics for and<br />
affecting the <strong>Mecklenburg</strong> <strong>County</strong> court system demonstrates the<br />
need for more instead of less resources:<br />
• North Carolina ranks second to last in the number of judges per<br />
capita (1.2 FTE per 100,000 population).<br />
• North Carolina ranks 50th in the percentage of justice system<br />
funding spent on courts.<br />
• North Carolina ranks fifth in the number of incoming criminal<br />
cases per 100,000 population.<br />
• <strong>Mecklenburg</strong> <strong>County</strong> logs approximately 18% of the Violent<br />
Crime Index and approximately 14% of the Property Crime Index<br />
in the state (2009).<br />
• <strong>Mecklenburg</strong> <strong>County</strong> is home to roughly 10% of all North<br />
Carolina citizens, but receives roughly 7.68%* of the Judicial<br />
Branch budget (*based on FY 2008-09 FTE positions).<br />
• <strong>Mecklenburg</strong> <strong>County</strong> processes 9.9% of all filings and<br />
dispositions in the state (FY 2008-09).<br />
Past MCB President Pat Kelly observed in 2009 that more than a<br />
million paper files exist in the Clerk of Court’s Office and that there<br />
are roughly 200,000 new filings per year, yet our courts must rely on<br />
an outmoded paper filing system that is prone to delays, errors and<br />
lost information.<br />
With a projected budget deficit in the billions and corresponding<br />
reductions mandated for virtually every level of state government,<br />
our local judicial system is not likely to experience material funding<br />
increases any time soon to address any of the issues above. One<br />
federal judge appropriately has remarked, “the [federal] courts’<br />
workload and the resources provided to handle that workload are<br />
headed in opposite directions.” Ditto for the <strong>Mecklenburg</strong> <strong>County</strong><br />
state courts. This dismal state of affairs threatens the <strong>Mecklenburg</strong><br />
<strong>County</strong> court system’s commitment “to working collaboratively with<br />
the community to prevent and solve problems to enhance the<br />
quality of life for all.” So, for many, the immediate implementation of<br />
the Voluntary Reduction in Force Plan may well prove the last straw.<br />
The consequences of constant budget cuts are at hand. Our<br />
judges and our public interest lawyers, who discharge<br />
constitutionally and statutorily mandated duties daily, can do more<br />
with less for only so long. Increasingly, court operations will begin to<br />
suffer. Will we start to lose our most experienced judges? Will funds<br />
to pay prosecutors, public defenders or court-appointed counsel for<br />
indigent defendants become unavailable? Will funds to pay jurors in<br />
civil and criminal trials run low or run out, throwing into jeopardy<br />
the availability of trial by jury? Invariably, budget shortfalls will force<br />
court-support agencies to scale back operations as well. For<br />
example, will supervision decrease for offenders who could pose a<br />
risk to public safety? Only time will tell.<br />
What to do? Let us commit, as ordinary North Carolinians in<br />
these extraordinary economic times, to assist <strong>Mecklenburg</strong> <strong>County</strong><br />
courts and public interest attorneys in the pursuit of justice. Our<br />
country’s history is replete with stories of ordinary Americans, at<br />
extraordinary times, who took strides to protect and defend our<br />
basic, inalienable rights. The rule of law is central to those rights. As<br />
practitioners in <strong>Mecklenburg</strong> <strong>County</strong> courts and as citizens who rely<br />
on the judicial system to uphold the rule of law, we have a<br />
responsibility to help secure fundamental rights. As members of a<br />
noble profession, we are obliged to ensure that our courts remain<br />
effective guardians of those rights.<br />
As a state agency, the MCB is prohibited from supporting political<br />
or ideological causes. But its mission permits advocacy for matters<br />
related to the regulation of the legal profession. Indeed, the MCB<br />
mission statement compels it “to serve the public and the <strong>Bar</strong><br />
continued on page 4<br />
2 <strong>Mar</strong>ch <strong>2011</strong> www.Meck<strong>Bar</strong>.org
Lawyers<br />
in the News<br />
Everett J. Bowman Selected for<br />
Distinguished Service in<br />
Antitrust Practice<br />
<strong>Mar</strong>k W. Merritt (left) presents the Distinguished<br />
Service Award to Everett J. Bowman (right)<br />
Upcoming Events<br />
Details and registration information at www.Meck<strong>Bar</strong>.org or 704/375-8624<br />
Thursday, <strong>Mar</strong>ch 10<br />
Law & Society Luncheon – The annual luncheon where lawyers enjoy good fellowship, an<br />
inspiring message, and support the good work of the <strong>Mecklenburg</strong> <strong>Bar</strong> Foundation. The<br />
keynote address will be provided by “Master of Disasters” Kenneth Feinberg. The<br />
luncheon will also feature the presentation of the <strong>Mecklenburg</strong> <strong>Bar</strong> Foundation’s highest<br />
honor, the Ayscue Professionalism Award. Hilton City Center (222 E. Third Street);<br />
12:00 p.m.; $35/person for lunch only or $75/person for lunch and 1 hour CLE credit.<br />
Thursday, <strong>Mar</strong>ch 24<br />
Memorial Service for William (Bill) Watts Sturges – <strong>Mecklenburg</strong> <strong>County</strong> Courthouse,<br />
Room 5370 (832 E. Fourth Street); 1:30 p.m.<br />
Thursday, April 7<br />
Lawyers Luncheon Series – Join your colleagues at a regular monthly lunch meeting to eat,<br />
socialize and hear remarks from a speaker. First Presbyterian (200 W. Trade Street); 12:15-<br />
1:15 p.m.; $10/person.<br />
Thursday, April 21<br />
Memorial Service for Joseph W. Grier, Jr. – <strong>Mecklenburg</strong> <strong>County</strong> Courthouse, Room 5370<br />
(832 E. Fourth Street); 1:30 p.m.<br />
Thursday, April 28<br />
Spring Swearing-In – Join the MCB for the swearing in of newly licensed attorneys to the<br />
state and federal courts. The Blake Hotel (555 South McDowell Street); Registration 2:45-<br />
3:45 p.m.; Ceremony 4:00-5:30 p.m.; Reception 5:30-7:00 p.m.<br />
Everett J. Bowman, an attorney with<br />
Robinson Bradshaw & Hinson, P.A., was<br />
awarded the Antitrust Section’s<br />
Distinguished Service Award from the<br />
North Carolina <strong>Bar</strong> Association. Bowman,<br />
who focuses his practice in antitrust and<br />
complex commercial litigation, was<br />
presented with the award at the annual<br />
meeting of the Antitrust and Trade<br />
Regulation section of the North Carolina<br />
<strong>Bar</strong> Association.<br />
In nomination letters from fellow<br />
lawyers, Bowman was lauded for his<br />
leadership in helping establish the North<br />
Carolina <strong>Bar</strong> Association’s Antitrust and<br />
Trade Regulation Committee nearly 20<br />
years ago and for his years of service,<br />
beginning as the Section’s Chairman in its<br />
early days. Bowman’s colleagues<br />
throughout the state also cited his<br />
continued demonstration of the highest<br />
ethical standards, his high level of<br />
professional competence, and his<br />
significant and ongoing contributions to<br />
the development of North Carolina<br />
antitrust law.<br />
Editorial Policy<br />
The <strong>Mecklenburg</strong> <strong>Bar</strong> News accepts editorial and advertising material of general legal interest to the practicing <strong>Bar</strong> of<br />
the 26th Judicial District. The implicit purposes of the newsletter, website, and related methods of communication are<br />
to educate members of the <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong> and to create and maintain shared communication with its<br />
members. The Communications Committee reserves the right to accept, reject, or edit all material.<br />
DISCLAIMER Efforts will be made to provide information of interest that is timely, accurate, and relevant to the legal<br />
community. The <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong> is not responsible for misprints, typographical errors, or misinformation in<br />
The <strong>Mecklenburg</strong> <strong>Bar</strong> News. The views and opinions are not necessarily those of the 26th Judicial District <strong>Bar</strong>.<br />
Communications Committee: J.P. Davis, Chair, Justin Carpenter, Alan Edmonds, Bob Johnston, Charles Keller, Rhea<br />
Kelley, Hannah Little, Carrie Mansfield, Chara Moore, Phillip Lewis, Nancy Roberson, Michael Shor, Rob Wick<br />
LAWYERS<br />
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COMPANY OF<br />
NORTH CAROLINA<br />
We do more.<br />
Continuous coverage since 1978.<br />
Risk Management Hotline.<br />
Free CLE for Insureds.<br />
www.lawyersmutualnc.com<br />
919.677.8900 800.662.8843<br />
CAMILLE STELL,<br />
DIRECTOR OF CLIENT SERVICES<br />
www.Meck<strong>Bar</strong>.org <strong>Mar</strong>ch <strong>2011</strong> 3
Mediation<br />
& Arbitration<br />
Services<br />
in Federal Cases<br />
Thursday, May 5, <strong>2011</strong><br />
Law Day Luncheon<br />
Each Law Day, we come together as a nation to celebrate and reflect on the role of<br />
law in the foundation of the country and to recognize its importance to society.<br />
Please join the <strong>Bar</strong> for our annual Law Day luncheon on Thursday, May 5, <strong>2011</strong><br />
featuring keynote speaker The Honorable Albert Diaz, United States Court of Appeals<br />
for the Fourth Circuit and the presentation of the Liberty Bell Award.<br />
When:<br />
Where:<br />
12 p.m.–1:30 p.m<br />
Hilton Charlotte Center City, 222 East Third Street<br />
Cost: $30 person<br />
Carl Horn, III<br />
• United States Magistrate Judge,<br />
1993-2009; Chief Assistant U.S.<br />
Attorney, 1987-93<br />
• Co-author of Federal Civil Practice in<br />
the Fourth Circuit and author of Fourth<br />
Circuit Criminal Handbook<br />
• Experience handling the full gamut<br />
of federal civil litigation, including<br />
Title VII, ADEA, ADA, FMLA, Sexual<br />
Harassment, ERISA, Fair Labor<br />
Standards Act, Intellectual Property,<br />
Civil Rights, Construction, Education,<br />
Insurance and Antitrust Claims,<br />
as well as a variety of personal and<br />
commercial claims under the Court’s<br />
diversity jurisdiction<br />
• Successful in settling most cases<br />
mediated, first as a Judicial Settlement<br />
Officer and, more recently, as a Courtappointed<br />
or privately retained<br />
Mediator<br />
• Adjunct Professor, Charlotte School<br />
of Law<br />
• Named a <strong>2011</strong> North Carolina Super<br />
Lawyer<br />
Carl Horn, III<br />
2810 Wamath Drive<br />
Charlotte, NC 28210<br />
704/591- 6398<br />
ch@carlhornlaw.com<br />
Registration: Register online at www.Meck<strong>Bar</strong>.org, or call 704/375-8624 by<br />
April 25, <strong>2011</strong>. Ticket donations will be accepted to underwrite<br />
attendance costs for public interest attorneys wanting to attend,<br />
please call 704/375-8624 to discuss.<br />
Sponsorship: Early-bird firm table sponsorships are available for $450.00 through<br />
<strong>Mar</strong>ch 15, <strong>2011</strong>; half table sponsorship available for $225. After<br />
<strong>Mar</strong>ch 15, table sponsorships will be available for $550; half-table<br />
sponsorship will be $275. Please contact Jenny Mayer at<br />
704/375-8624 ext.100 to support this special luncheon and/or<br />
purchase additional tickets.<br />
Questions? Contact Jenny Mayer at jmayer@meckbar.org or<br />
704/375-8624 ext.100<br />
Please note, for security purposes, all attendees will need to be registered in advance and<br />
will need to show photo identification at registration. For more details, please visit<br />
www.Meck<strong>Bar</strong>.org.<br />
President’s Letter<br />
continued from page 2<br />
members in improving and preserving the<br />
administration of justice.” And we all<br />
possess the constitutional right to petition<br />
for redress of grievances, including the<br />
dismal state of court funding. It falls to us,<br />
as ordinary citizens and as extraordinarily<br />
privileged lawyers, to help our elected<br />
leaders appreciate the need for greater<br />
resources for <strong>Mecklenburg</strong> <strong>County</strong>’s judicial<br />
system. In addition, we are free to reach out<br />
to Judge Boner and Judge Bell, as well as<br />
District Attorney Andrew Murray, Public<br />
Defender Kevin Tully and Clerk of Superior<br />
Court <strong>Mar</strong>tha Curran, to inquire if we<br />
might be of some assistance in this time of<br />
economic crisis and, if so, how.<br />
<strong>Mecklenburg</strong> <strong>County</strong>’s star continues to<br />
rise on so many different stages. The<br />
selection of Charlotte as host of the 2012<br />
Democratic National Convention is<br />
sufficient evidence of that. Let us then, as<br />
lawyers with unique legal privileges, take<br />
the initiative to do something meaningful to<br />
bolster <strong>Mecklenburg</strong> <strong>County</strong>’s courts and<br />
their constituent parts. To be sure, the<br />
effectiveness of <strong>Mecklenburg</strong> <strong>County</strong>’s<br />
judicial system depends in large part on<br />
adequate funding to promote the<br />
administration of justice, to protect the rule<br />
of law. That system, also, ought to be able to<br />
count on the services of MCB members in<br />
times of need.<br />
What to do? Rise up and speak out!<br />
4 <strong>Mar</strong>ch <strong>2011</strong> www.Meck<strong>Bar</strong>.org
Judicial <strong>Bar</strong> Election Results<br />
Jena P. Culler, <strong>Mar</strong>ia Long and Ben S.<br />
Thalheimer (order of most votes received)<br />
were the three candidates to receive the<br />
most votes in the <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong><br />
Election for the District Court Judgeship -<br />
26th Judicial District for the seat vacated by<br />
Hon. H. William Constangy. The three<br />
candidate's names were submitted to Gov.<br />
Perdue on Wed., Jan. 26, <strong>2011</strong> for a final<br />
decision on the nomination. Gov. Perdue<br />
has 60 days to announce her decision or if<br />
she does not decide, the top voter will<br />
receive the nomination.<br />
Judge Constangy was elected in the<br />
November 2008 general election to serve a<br />
4-year term beginning in December 2008.<br />
In November 2010, Judge Constangy was<br />
elected to the NC Superior Court bench,<br />
vacating his District Court seat effective Jan.<br />
1, <strong>2011</strong>. Judge Constangy was not elected as<br />
the nominee of a political party; therefore<br />
2010-11 Members<br />
In accordance with Article VI, Section 2(b)<br />
of the bylaws of the <strong>Mecklenburg</strong> <strong>County</strong><br />
<strong>Bar</strong> , the Board of Directors has approved<br />
the following persons to serve as members<br />
of the 2010-<strong>2011</strong> Nominating Committee:<br />
• Mr. James E. Ferguson, II<br />
• Hon. Shirley L. Fulton 1<br />
• Mr. <strong>Mar</strong>k D. Gott<br />
• Hon. Tyyawdi M. Hands<br />
• Ms. Irene P. King 2<br />
• Ms. Sarah J. Kromer<br />
• Mr. Anthony T. Lathrop 1<br />
• Ms. Georgia Jacquez Lewis<br />
• Hon. Hugh B. Lewis<br />
• Mr. R. Andrew Murray<br />
• Mr. Vaughn K. Reynolds 2<br />
• Mr. John R. Wester<br />
• Mr. Michael L. Wilson<br />
• Ms. Miranda Zolot<br />
Patrick E. Kelly, as Immediate Past<br />
President of the <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong>,<br />
serves as Chair of the Nominating Committee.<br />
Executive Director Nancy Roberson serves<br />
political affiliation is not a consideration in<br />
this nomination process.<br />
There were nine names on the ballot:<br />
Jena P. Culler, <strong>Mar</strong>ia Long, Roy B. Santonil,<br />
John R. Seymour, Tim Smith, Christa Cox<br />
Sumwalt, Ben S. Thalheimer, Donald Vicini<br />
and Joshua Yablonski.<br />
Tyyawdi HandsBen S.Thalheimer and<br />
Tim Smith (order of most votes received))<br />
were the three candidates to receive the<br />
most votes in the <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong><br />
Election for the District Court Judgeship -<br />
26th Judicial District for the seat vacated by<br />
Hon. Hugh B. Lewis. The three candidate's<br />
names were submitted to Gov. Perdue on<br />
Wed., Jan. 26, <strong>2011</strong> for a final decision on the<br />
nomination. Gov. Perdue has 60 days to announce<br />
her decision or if she does not decide,<br />
the top voter will receive the nomination.<br />
Judge Lewis was elected in the<br />
MCB Nominating Committee<br />
as staff liaison to this committee.<br />
Procedures for Board of<br />
Directors Nomination<br />
In accordance with Article VI, Section<br />
2(f) of the MCB bylaws, interested members<br />
of the <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong> are<br />
encouraged to submit their name or the<br />
names of other active members of the <strong>Bar</strong><br />
for consideration as nominees for various<br />
offices and board of directors' seats for the<br />
fiscal year beginning July 1, <strong>2011</strong>.<br />
Names should be submitted no later<br />
than <strong>Mar</strong>ch 15, <strong>2011</strong> to Nominating<br />
Committee Chair Patrick E. Kelly, MCB<br />
Executive Director Nancy M. Roberson, any<br />
member of the Nominating Committee or<br />
mailed to Nominating Committee, c/o<br />
MCB, 438 Queens Road, Charlotte, NC<br />
28207. All names must be received by <strong>Mar</strong>.<br />
15, <strong>2011</strong> at 5 p.m. The Nominating<br />
Committee will meet on Tues., <strong>Mar</strong>. 15,<br />
<strong>2011</strong> at 5 p.m. at the MCB Center on 438<br />
Queens Road. MCB members may elect to<br />
appear at 5 p.m. to nominate a member.<br />
A list of the persons nominated by the<br />
Committee will be posted on<br />
November 2008 general election to serve a<br />
4-year term beginning in December 2008.<br />
In November 2010, Judge Lewis was elected<br />
to the NC Superior Court bench, vacating<br />
his District Court seat effective Jan. 1, <strong>2011</strong>.<br />
Judge Lewis was not elected as the nominee<br />
of a political party; therefore political<br />
affiliation is not a consideration in this<br />
nomination process.<br />
There were seven names on the ballot:<br />
Tyyawdi Hands, Roy B. Santonil, John R.<br />
Seymour, Tim Smith, Ben S. Thalheimer,<br />
Donald Vicini and Joshua Yablonski.<br />
Any member of the <strong>Mecklenburg</strong> <strong>County</strong><br />
<strong>Bar</strong> (26th Judicial District) who resides in the<br />
District and is in "good-standing" with the NC<br />
State <strong>Bar</strong> and the <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong><br />
was eligible to submit their name as a<br />
candidate. All members of the <strong>Mecklenburg</strong><br />
<strong>County</strong> <strong>Bar</strong> were mailed ballots to return by<br />
Thursday, Jan., 25, <strong>2011</strong>, 5 p.m.<br />
www.Meck<strong>Bar</strong>.org in <strong>Mar</strong>ch, printed in the<br />
April edition of the <strong>Mecklenburg</strong> <strong>Bar</strong> News<br />
and presented to the membership at the<br />
MCB Annual Meeting for approval.<br />
Additional nominations may also be made<br />
from the floor at the Annual Meeting.<br />
Please note that nominees must have<br />
agreed to serve prior to being officially<br />
nominated.<br />
The Committee shall nominate persons<br />
to serve in the following offices for the<br />
<strong>2011</strong>-12 term:<br />
• President-Elect (one-year term)<br />
• Vice President (one-year term)<br />
• Secretary (one-year term)<br />
• Treasurer (one-year term)<br />
• Board of Directors (six members, three<br />
year terms - two of whom must be<br />
current members of the Young Lawyers<br />
Division)<br />
• Young Lawyers Division Chair (one-year<br />
term - current member of the Young<br />
Lawyers Division)<br />
1<br />
Past-President 2 Young Lawyers<br />
www.Meck<strong>Bar</strong>.org <strong>Mar</strong>ch <strong>2011</strong> 5
YLD Volunteers Shine Through Public<br />
Service<br />
By Daniel A. Merlin, Chair<br />
The end of 2010 and the first few<br />
months of <strong>2011</strong> were marked by numerous<br />
MCB YLD members giving selflessly to<br />
encourage both collegiality among the YLD<br />
and serving the community as a whole.<br />
In November 2010, Susan Hill, a YLD<br />
Community Service Committee member,<br />
organized the YLD’s support of a<br />
Thanksgiving Project with Thompson Child<br />
& Family Focus. We received donations<br />
from 21 firms/institutions/individuals which<br />
provided Thanksgiving meals to 33 families<br />
(approximately 128 people total.) The<br />
Community Service Committee is excited to<br />
continue its support of Thompson Child &<br />
Family Focus next year.<br />
In December 2010, Cabell Clay, a YLD<br />
Community Service Committee member,<br />
coordinated the YLD’s involvement with the<br />
Salvation Army Angel Tree. Cabell set a goal<br />
to beat the 2009 total of 289 angels by<br />
sponsoring at least 300 angels. We are<br />
excited to report we met and far exceeded<br />
that goal by sponsoring 375 angels! Twentythree<br />
firms/institutions/individuals<br />
participated in this project. A special thanks<br />
to Alston & Bird LLP and Parker Poe<br />
Adams & Bernstein LLP for their<br />
tremendous support. In an<br />
effort to increase our<br />
involvement with the<br />
Salvation Army, <strong>Mar</strong>y<br />
Bennett, a YLD Community<br />
Service Committee member,<br />
organized a group to work at<br />
the Salvation Army<br />
Christmas Center. The group<br />
helped to log-in gifts as they<br />
were dropped off and sort<br />
gifts to be picked up by each family. The<br />
YLD Community Service Committee looks<br />
forward to a continued relationship with the<br />
Salvation Army. Special thanks to Stacey<br />
Vandiford, chair of the Community Service<br />
Committee, for all she has done for the<br />
YLD.<br />
On January 31, 2010, Tony Taylor and<br />
the YLD Social Committee collaborated<br />
with the North Carolina <strong>Bar</strong> Association’s<br />
Young Lawyers Division to host a joint<br />
social open to all attorneys in North<br />
Carolina. More than 60 attorneys attended<br />
the event, which served as a great<br />
opportunity for attorneys from across the<br />
state to get to know each other. The event<br />
also supported Larry King’s Clubhouse by<br />
collecting much needed items for the<br />
organization including children’s snack<br />
More than 130 community members attended the MCB YLD Ask a Lawyer<br />
foods, clothes and wipes.<br />
On February 5, <strong>2011</strong>, Taylor Stukes and<br />
the YLD Legal Assistance Committee hosted<br />
<strong>Mecklenburg</strong> <strong>County</strong>’s Ask-A-Lawyer Day<br />
in conjunction with the North Carolina <strong>Bar</strong><br />
Association. More than 20 attorneys took<br />
time out of their Saturday schedule to<br />
provide legal assistance to members of our<br />
community. The program was highly<br />
attended and by all accounts a big success.<br />
A few days before the event, Taylor Stukes<br />
and Lauren Vaughn organized a training<br />
session / networking evening for young<br />
lawyers to meet each other and learn more<br />
about providing free legal assistance.<br />
Thank you to all of the individual<br />
members of the YLD who are working hard<br />
to ensure that the YLD’s goals of promoting<br />
professionalism and helping the community<br />
are met.<br />
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6 <strong>Mar</strong>ch <strong>2011</strong> www.Meck<strong>Bar</strong>.org
Volunteer Lawyer Program SPOTLIGHT<br />
Jacqueline Y. Ferrell<br />
Hunton & Williams Associate<br />
Jacqueline Y. Ferrell was described as<br />
“compassionate” and “completely reliable”<br />
by John Parker, Council for Children’s<br />
Rights’ Lead Attorney on Custody<br />
Advocacy. Parker continued to explain<br />
that, “She’s got at least one case going on<br />
all the time. She cares about the kids she<br />
represents.” To become involved in giving<br />
a voice to children’s rights, contact CFCR<br />
Volunteer Coordinator <strong>Mar</strong>y Schilli at<br />
704/372-7961 or Volunteer Lawyer<br />
Program Coordinator <strong>Mar</strong>y Jordan Samuel<br />
at 704/375-8624.<br />
MCB VLP: Current Employer / number of<br />
years with current employer?<br />
JYF: Hunton & Williams LLP / 8 years<br />
MCB VLP: Area of Practice / Expertise?<br />
JYF: Labor & Employment Law<br />
MCB VLP: Law School / Law School<br />
Graduation Year?<br />
JF: University of Virginia School of Law,<br />
Class of 2000<br />
MCB VLP: How did you begin working<br />
with Council for Children’s Rights?<br />
JYF: Hunton & Williams has been involved<br />
with the Council for Children’s Rights for<br />
many years, and I pursued the opportunity<br />
to work with the CFCR soon after joining<br />
the firm. I have found the work to be<br />
extremely rewarding and have continued<br />
working with the CFCR and its custody<br />
advocacy program since my first case. In<br />
fact, I helped implement a new pro bono<br />
initiative last year at Hunton & Williams<br />
in which individual lawyers and staff<br />
members from the firm work together as<br />
part of the custody advocacy team. We also<br />
assist the CFCR by assigning the attorney<br />
and custody advocate ourselves whenever<br />
we receive a new case, to help cut down on<br />
the CFCR’s administrative burden.<br />
MCB VLP: What is a typical case like?<br />
JYF: The court appoints the CFCR to high<br />
conflict child custody disputes. The<br />
custody advocacy team for a case typically<br />
consists of three people: the CFCR<br />
attorney, an outside volunteer attorney and<br />
a volunteer custody advocate. We first<br />
interview the parties involved and then<br />
interview collateral witnesses, conduct<br />
home visits, gather records, conduct<br />
school visits and meet with the children.<br />
We also conduct settlement conferences,<br />
when they are appropriate, and prepare for<br />
and attend trial.<br />
Each case is different, but our goal is<br />
always to represent the children and to<br />
work for what is in their best interests.<br />
Often, the children are caught in the<br />
middle of custody disputes with no one<br />
watching out for what is best for them.<br />
That is where we get involved.<br />
MCB VLP: How many of these cases do you<br />
typically handle at one time?<br />
JF: I typically handle one case at a time.<br />
MCB VLP: What is your hope for the future<br />
with regard to these cases?<br />
F: I hope to continue working with the<br />
CFCR, which does such important work in<br />
supporting children. I hope that the end<br />
result in each<br />
case is to make a<br />
positive<br />
difference in the<br />
children’s lives. Jacqueline Y. Ferrell<br />
MCB VLP: What is the best advice you’ve<br />
received during your legal career?<br />
JF: Don’t lose sight of the forest for the<br />
trees. As lawyers we sometimes focus so<br />
much on the details that we have a hard<br />
time keeping an eye on the bigger picture.<br />
MCB VLP: What advice would you give<br />
others?<br />
JF: Don’t be afraid to ask questions. We are<br />
all fortunate to work with very talented<br />
people who have different backgrounds<br />
and experiences, and we should learn as<br />
much as we can from each other.<br />
Collaboration is an important aspect of our<br />
work.<br />
MCB VLP: What is the most challenging<br />
part of your career?<br />
JF: Trying to fit it all in! I am constantly<br />
challenged by the demands of time. I am<br />
fortunate, however, to have a wonderful<br />
support system at home and at work, and<br />
that makes a big difference.<br />
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www.Meck<strong>Bar</strong>.org <strong>Mar</strong>ch <strong>2011</strong> 7
Accepting Nominations<br />
for Pro Bono Awards<br />
The <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong> Volunteer Lawyer Program is accepting nominations for<br />
the 2010-11 Pro Bono Awards to be presented at the <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong>’s Annual<br />
Meeting in May.<br />
I. Outstanding Individual Attorney<br />
Criteria: Has contributed extraordinary service to provision of pro bono services for<br />
indigents, children or non-profit agencies by providing legal services directly or by<br />
developing programs or projects within the volunteer's firm.<br />
II. Outstanding Large Firm with 25 Attorneys or More*<br />
Criteria: A firm that has done any one or combination of the following:<br />
A. Contributed an extraordinary amount of pro bono services directly to indigents, children,<br />
or non-profit agencies serving indigents or children; or<br />
B. Provided an extraordinary impact for justice to indigents, or children, or developed<br />
particularly innovative or enduring projects or programs that serve indigents, children, or<br />
non-profit organizations that serve indigents or children; or<br />
C. Demonstrated a dramatic improvement in its pro bono services to indigents, children, or<br />
non-profit organizations that served indigents or children in the previous year.<br />
III. Small Firm with 24 Attorneys or Less<br />
Criteria: A firm that has done any one or combination of the following:<br />
A. Contributed an extraordinary amount of pro bono services directly to indigents, children,<br />
or non-profit agencies serving indigents or children; or<br />
B. Provided an extraordinary impact for justice to indigents, or children, or developed<br />
particularly innovative or enduring projects or programs that serve indigents, children, or<br />
non-profit organizations that serve indigents or children; or<br />
C. Demonstrated a dramatic improvement in its pro bono services to indigents, children, or<br />
non-profit organizations that served indigents or children in the previous year.<br />
* Firm total not limited to <strong>Mecklenburg</strong> <strong>County</strong><br />
Please submit your nominations to MCB, Attn: Pro Bono Awards, 438 Queens Road,<br />
Charlotte, NC 28207, fax 704/333-6209, or e-mail mjsamuel@meckbar.org. Nominations<br />
deadline - <strong>Mar</strong>. 18, <strong>2011</strong>.<br />
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Nominations<br />
for <strong>2011</strong><br />
Liberty Bell<br />
Award<br />
The Law Day Committee is<br />
accepting nominations for the <strong>2011</strong><br />
Liberty Bell Award. This annual<br />
award, our <strong>Bar</strong>’s highest honor for a<br />
non-lawyer, will be presented during<br />
the MCB Law Day Luncheon on<br />
Thursday, May 5 at the Hilton<br />
Charlotte Center City.<br />
The Liberty Bell Award recognizes<br />
an individual who has performed<br />
community service that has<br />
strengthened the American system of<br />
freedom under the law. The following<br />
criteria govern consideration by the<br />
committee to recognize outstanding<br />
service by a non-lawyer in one of<br />
these areas:<br />
1. Promoting a better understanding<br />
of our Constitution and the Bill of<br />
Rights.<br />
2. Encouraging greater respect for law<br />
and the courts.<br />
3. Stimulating a deeper sense of<br />
individual responsibility so that<br />
citizens recognize their duties as<br />
well as their rights.<br />
4. Contributing to the effective<br />
functioning of our institutions of<br />
government.<br />
5. Fostering a better understanding<br />
and appreciation of the rule of law.<br />
Please submit your nominations,<br />
including supporting materials and<br />
résumé of the nominee (if possible),<br />
by April 1, <strong>2011</strong> to Liberty Bell Award,<br />
438 Queens Road, Charlotte, NC<br />
28207; fax to 704/333-6209,<br />
addressed to Liberty Bell Award; or e-<br />
mail jmayer@meckbar.org, subject<br />
line: Liberty Bell Award. All<br />
nominations will be held in<br />
confidence.<br />
8 <strong>Mar</strong>ch <strong>2011</strong> www.Meck<strong>Bar</strong>.org
Court Communiqués<br />
Race Matters for Juvenile Justice<br />
By Charles Keller, Jr.<br />
“We envision a Charlotte-<strong>Mecklenburg</strong><br />
community where the composition and<br />
outcomes of juvenile courts cannot be predicted<br />
by race and/or ethnicity,” said District<br />
Court Judge Louis A. Trosch Jr when talking<br />
about disproportionality in juvenile courts.<br />
Research has demonstrated that children<br />
and families of color are disproportionately<br />
represented in the child welfare system and<br />
frequently experience disparate outcomes.<br />
Whereas children of all races are equally as<br />
likely to suffer from child abuse and neglect,<br />
the percentage of African-American and<br />
other minority children who enter and<br />
remain in out-of-home care is greater than<br />
their proportion in the population.<br />
In an effort to raise awareness and begin<br />
a dialogue toward making changes and<br />
reducing the disproportionate<br />
representation and disparate outcomes for<br />
children and families of color in the juvenile<br />
justice system, Race Matters For Juvenile<br />
Justice was formed. The collaborative<br />
group, led by the Juvenile Court judges of<br />
the 26th Judicial District, brings together<br />
judicial officers, systems’ experts, service<br />
providers and community partners.<br />
On January 28, Race Matters for Juvenile<br />
Justice hosted a ground-breaking<br />
Dr. Carol Wilson Spigner<br />
symposium that examined disproportionality<br />
and disparities in the child welfare<br />
system. Dr. Carol Wilson Spigner, who most<br />
recently served as the Kenneth L.M. Pray<br />
Distinguished Professor at the University of<br />
Pennsylvania School of Social Policy and<br />
Practice and is best known for reform of<br />
public child welfare agencies and child<br />
welfare policy, served as the keynote speaker.<br />
Nationally recognized child welfare experts,<br />
Dr. <strong>Mar</strong>k Testa and Dr. Dean Duncan,<br />
discussed national and local research data<br />
regarding disproportionality within the<br />
juvenile justice system. Additional<br />
presenters included Judge Louis A. Trosch,<br />
Jr., Judge Elizabeth T. Trosch, Judge Rickye<br />
McKoy-Mitchell, Judge Kimberly Y. Best-<br />
Community, faith-based and business leaders came together to<br />
begin an important dialogue.<br />
Staton, Chief District Court Judge Lisa Bell,<br />
Dr. Susan McCarter and <strong>Mar</strong>y Wilson.<br />
More than 300 community leaders and<br />
advocates, faith-based leaders and representatives<br />
from small businesses and corporations<br />
who wanted to offer their leadership to help<br />
improve the quality of justice in our<br />
community attended the symposium. “I look<br />
forward to the community’s participation in<br />
the most significant initiative our Juvenile<br />
Court has embarked on in the last decade,”<br />
stated Chief District Court Judge Lisa Bell.<br />
Mr. Keller works in the <strong>Mecklenburg</strong> <strong>County</strong><br />
Trial Court Administrator's Office as the<br />
Community Access & Outreach Administrator.<br />
www.Meck<strong>Bar</strong>.org <strong>Mar</strong>ch <strong>2011</strong> 9
<strong>Bar</strong> Leadership Institute <strong>2011</strong><br />
Building on the Legacy of <strong>Bar</strong> Leaders Past<br />
By Aretha V. Blake<br />
On the evening of February 3, the<br />
<strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong> (MCB) and<br />
<strong>Mecklenburg</strong> <strong>Bar</strong> Foundation (MBF)<br />
kicked off the tenth year of the <strong>Bar</strong><br />
Leadership Institute (BLI). Surrounded by<br />
the stunning views and magical ambiance<br />
afforded by Bentley’s on 27, the MCB and<br />
MBF welcomed the 20 members of the BLI<br />
Class of <strong>2011</strong> while also recognizing the<br />
many volunteers and leaders that have been<br />
critical to the success and growth of the<br />
MCB and MBF.<br />
At the BLI Kick-Off and Volunteer<br />
Recognition Dinner, more than 100<br />
attendees celebrated the BLI Class of <strong>2011</strong><br />
and honored the many hours of service<br />
MCB members provide through leadership<br />
and volunteer opportunities. More than 40<br />
attendees were specifically recognized for<br />
their past and present service to both the<br />
<strong>Bar</strong> and the community. BLI Committee<br />
Chair Aretha V. Blake acknowledged that<br />
these leaders “are an example to all of us.<br />
In the years ahead, each of us, and<br />
especially the BLI Class of <strong>2011</strong>, should be<br />
challenged to continue the legacy of<br />
leadership that you have established.”<br />
Keynote Speaker and Past President of<br />
the North Carolina <strong>Bar</strong> Association John R.<br />
Wester reminded<br />
the attendees<br />
that, “Nearly a<br />
hundred years of<br />
lawyers in this<br />
county have come<br />
before you. You –<br />
and all of us here<br />
this evening –<br />
stand on their<br />
shoulders.” With<br />
this historical<br />
perspective, Mr.<br />
Wester charged<br />
the future leaders<br />
of the <strong>Bar</strong> to<br />
Keynote Speaker John R.<br />
Wester<br />
remember that, “Leaders will take risks.<br />
They will rock the boat. The very best will<br />
turn the boat over. They will not choose<br />
their ideas by averaging the distance<br />
between the ideas of others. The very best<br />
leaders will see the box everyone thinks<br />
inside of – and they will take that box<br />
apart.” Mr. Wester also implored the<br />
attendees to provide much needed pro bono<br />
representation to the underserved in our<br />
community including requesting support<br />
from volunteers at the Statewide 4ALL<br />
Service Day on <strong>Mar</strong>ch 4, <strong>2011</strong>.<br />
After Mr. Wester’s call to action, BLI<br />
Committee Vice<br />
Chair John H.<br />
Cobb introduced<br />
the participants in<br />
the <strong>2011</strong> BLI<br />
Class explaining,<br />
“The BLI Class of<br />
<strong>2011</strong> is made up<br />
of public interest<br />
and private<br />
attorneys. Large<br />
firm attorneys<br />
and solo<br />
practitioners.<br />
BLI Chair Aretha V. Blake This group of 20<br />
represents<br />
diversity in race and gender, background<br />
and practice area. We even have a Cubs<br />
fan.”<br />
The BLI Class of <strong>2011</strong> consists of:<br />
Michael Anderson of Johnston, Allison &<br />
Hord, P.A.; Tania Archer of Moore & Van<br />
Allen, PLLC; John Bowers of Horack Talley<br />
Pharr & Lowndes PA; Jon Carroll of James,<br />
McElroy & Diehl, P.A.; Joshua Davey of<br />
McGuireWoods LLP; Sarah DiFranco of<br />
Poyner Spruill, LLP; William Esser of<br />
Parker Poe Adams & Bernstein LLP; Faith<br />
Fickling of Legal Aid of North Carolina,<br />
Inc.; Rebecca Lindahl of Katten Muchin<br />
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Constitutional Law<br />
Personal Injury<br />
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Criminal Defense<br />
Civil Rights<br />
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10 <strong>Mar</strong>ch <strong>2011</strong> www.Meck<strong>Bar</strong>.org
and Present<br />
Rosenman LLP; Hannah Little of Garfinkel<br />
Immigration Law Firm; Brandon Lofton of<br />
Robinson, Bradshaw & Hinson, P.A.;<br />
Michael Navarro of The Law Office of<br />
Michael E. Navarro, PLLC; Gretchen Nelli<br />
of City of Charlotte; Andrew Nesbitt of<br />
Nesbitt Law PLLC; Kristen Northrup of<br />
<strong>Mecklenburg</strong> <strong>County</strong> District Attorney's<br />
Office; Lindsay Peed of Ogletree Deakins<br />
Nash Smoak & Stewart, P.C.; Vaughn<br />
Reynolds of Hunton & Williams LLP;<br />
Sarah Stone of Womble Carlyle Sandridge<br />
& Rice PLLC; Katherine Tenfelde of<br />
Robinson Elliott & Smith; and Janice Tucker<br />
of Wells Fargo.<br />
On the morning of February 4, this<br />
group of future <strong>Bar</strong> leaders embarked on a<br />
weekend retreat under the facilitation of<br />
Myndworks Learning Network. In the<br />
weeks to come, they will participate in an<br />
intensive schedule of leadership sessions<br />
and will develop a year-long service project<br />
to address the needs of the <strong>Bar</strong> and the<br />
community. This dynamic group of<br />
individuals will soon join the ranks of the<br />
more than 140 graduates of the BLI and<br />
will provide effective leadership to the<br />
MCB, MBF and community at-large for<br />
years to come.<br />
Diversity Pride Award<br />
continued from cover<br />
Romain and Reaves skillfully crafted and<br />
presented an artistic representation of the<br />
diverse legacy of the <strong>Mecklenburg</strong> <strong>County</strong><br />
<strong>Bar</strong> and Foundation to the 650 person<br />
audience. Romain performed an original<br />
poem of self-reflection on his journey as a<br />
young lawyer, while Reaves<br />
simultaneously sang an a capella<br />
accompaniment with historic verses from<br />
We Shall Overcome. Their remarkable<br />
talent coupled with a powerful message<br />
resulted in the <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong><br />
and Foundation receiving 54 percent of<br />
the audience’s vote.<br />
MCB President A. Todd Brown and<br />
MCB Executive Director Nancy M.<br />
Roberson accepted the recognition and<br />
donation on behalf of the <strong>Bar</strong> and<br />
Foundation. “This recognition is a<br />
testament to the steadfast dedication and<br />
commitment of our members,” said<br />
Brown. “We are extremely appreciative of<br />
this great honor and for the opportunity to<br />
showcase the <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong><br />
and Foundation’s commitment to diversity<br />
and inclusion in our <strong>Bar</strong> and the<br />
community at large.”<br />
Although the competition was stiff, the<br />
Lowe’s Pride Awards was a great<br />
opportunity for both the <strong>Bar</strong> and<br />
MCB President A. Todd Brown accepts the honorary<br />
check from Pride Communications CEO Dee Dixon.<br />
Foundation to tell their story, promote<br />
their strategic goal of educating the public,<br />
highlight the support of the Foundation<br />
and celebrate the collaborative works of<br />
the <strong>Bar</strong> and Foundation. In the end, both<br />
the <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong> &<br />
Foundation and WIE received a $10,000<br />
donation.<br />
The <strong>Mecklenburg</strong> <strong>County</strong> <strong>Bar</strong> and<br />
Foundation would like to extend its<br />
appreciation to Pride Communications,<br />
the Bench, <strong>Bar</strong> and Community<br />
Subcommittee of the MCB Special<br />
Committee on Diversity and the countless<br />
members who volunteered to support both<br />
the MCB and MBF in this endeavor.<br />
www.Meck<strong>Bar</strong>.org <strong>Mar</strong>ch <strong>2011</strong> 11
MECKLENBURG COUNTY BAR<br />
438 Queens Road<br />
Charlotte, NC 28207<br />
ADDRESS SERVICE REQUESTED<br />
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CHARLOTTE, NC<br />
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<strong>Mar</strong>ch <strong>2011</strong><br />
www.Meck<strong>Bar</strong>.org