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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 />

2<br />

3<br />

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4<br />

4<br />

5<br />

5<br />

6<br />

7<br />

8<br />

8<br />

9<br />

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 />

MUTUAL<br />

LIABILITY INSURANCE<br />

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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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 />

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PERMIT NO. 3337<br />

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<strong>Mar</strong>ch <strong>2011</strong><br />

www.Meck<strong>Bar</strong>.org

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