Mar., 2011 - Mecklenburg County Bar

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From The President A. Todd Brown MCB President What to Do? Each February, the looming CLE deadline puts a premium on meeting space at the Mecklenburg County Bar Center. A good problem to have for our CLE apparatus. So it was last month that the Mecklenburg County Bar’s Board of Directors found itself without a meeting place. Senior Resident Superior Court Judge Richard D. Boner and Chief District Court Judge Lisa C. Bell quickly came to the rescue, however, securing space for us in our ultramodern courthouse facility, which delighted us. But one particular aspect of the judges’ “state of the courthouse” reports to the board regarding courthouse personnel has lingered with me. Judges Boner and Bell lamented the continued adverse impact to Mecklenburg County’s judicial system as a result of the state’s budget deficits, the latest projected at a whopping $3+ billion, but then added this new twist: In late January 2011 all Senior Resident Superior Court Judges, Chief District Court Judges, Clerks of Superior Court and District Attorneys received notice to commence implementation of a Voluntary Reduction in Force Plan. After a careful and comprehensive examination of options, the North Carolina Administrative Office of the Courts was recommending immediate implementation of the plan in the field, in part because no assurances can be made about the availability of funding for the payment of severance packages to eligible employees who reject a voluntary separation option now but who are involuntarily separated later. Because our courts have long endured budget cuts, there was concern that this new plan could prove not only demoralizing but also potentially devastating to court personnel and operations alike. Mecklenburg County’s judicial district is the state’s largest and most complex. Part of its mission is to provide fair and accessible justice to the community. A review of recent statistics for and affecting the Mecklenburg County court system demonstrates the need for more instead of less resources: • North Carolina ranks second to last in the number of judges per capita (1.2 FTE per 100,000 population). • North Carolina ranks 50th in the percentage of justice system funding spent on courts. • North Carolina ranks fifth in the number of incoming criminal cases per 100,000 population. • Mecklenburg County logs approximately 18% of the Violent Crime Index and approximately 14% of the Property Crime Index in the state (2009). • Mecklenburg County is home to roughly 10% of all North Carolina citizens, but receives roughly 7.68%* of the Judicial Branch budget (*based on FY 2008-09 FTE positions). • Mecklenburg County processes 9.9% of all filings and dispositions in the state (FY 2008-09). Past MCB President Pat Kelly observed in 2009 that more than a million paper files exist in the Clerk of Court’s Office and that there are roughly 200,000 new filings per year, yet our courts must rely on an outmoded paper filing system that is prone to delays, errors and lost information. With a projected budget deficit in the billions and corresponding reductions mandated for virtually every level of state government, our local judicial system is not likely to experience material funding increases any time soon to address any of the issues above. One federal judge appropriately has remarked, “the [federal] courts’ workload and the resources provided to handle that workload are headed in opposite directions.” Ditto for the Mecklenburg County state courts. This dismal state of affairs threatens the Mecklenburg County court system’s commitment “to working collaboratively with the community to prevent and solve problems to enhance the quality of life for all.” So, for many, the immediate implementation of the Voluntary Reduction in Force Plan may well prove the last straw. The consequences of constant budget cuts are at hand. Our judges and our public interest lawyers, who discharge constitutionally and statutorily mandated duties daily, can do more with less for only so long. Increasingly, court operations will begin to suffer. Will we start to lose our most experienced judges? Will funds to pay prosecutors, public defenders or court-appointed counsel for indigent defendants become unavailable? Will funds to pay jurors in civil and criminal trials run low or run out, throwing into jeopardy the availability of trial by jury? Invariably, budget shortfalls will force court-support agencies to scale back operations as well. For example, will supervision decrease for offenders who could pose a risk to public safety? Only time will tell. What to do? Let us commit, as ordinary North Carolinians in these extraordinary economic times, to assist Mecklenburg County courts and public interest attorneys in the pursuit of justice. Our country’s history is replete with stories of ordinary Americans, at extraordinary times, who took strides to protect and defend our basic, inalienable rights. The rule of law is central to those rights. As practitioners in Mecklenburg County courts and as citizens who rely on the judicial system to uphold the rule of law, we have a responsibility to help secure fundamental rights. As members of a noble profession, we are obliged to ensure that our courts remain effective guardians of those rights. As a state agency, the MCB is prohibited from supporting political or ideological causes. But its mission permits advocacy for matters related to the regulation of the legal profession. Indeed, the MCB mission statement compels it “to serve the public and the Bar continued on page 4 2 March 2011 www.MeckBar.org
Lawyers in the News Everett J. Bowman Selected for Distinguished Service in Antitrust Practice Mark W. Merritt (left) presents the Distinguished Service Award to Everett J. Bowman (right) Upcoming Events Details and registration information at www.MeckBar.org or 704/375-8624 Thursday, March 10 Law & Society Luncheon – The annual luncheon where lawyers enjoy good fellowship, an inspiring message, and support the good work of the Mecklenburg Bar Foundation. The keynote address will be provided by “Master of Disasters” Kenneth Feinberg. The luncheon will also feature the presentation of the Mecklenburg Bar Foundation’s highest honor, the Ayscue Professionalism Award. Hilton City Center (222 E. Third Street); 12:00 p.m.; $35/person for lunch only or $75/person for lunch and 1 hour CLE credit. Thursday, March 24 Memorial Service for William (Bill) Watts Sturges – Mecklenburg County Courthouse, Room 5370 (832 E. Fourth Street); 1:30 p.m. Thursday, April 7 Lawyers Luncheon Series – Join your colleagues at a regular monthly lunch meeting to eat, socialize and hear remarks from a speaker. First Presbyterian (200 W. Trade Street); 12:15- 1:15 p.m.; $10/person. Thursday, April 21 Memorial Service for Joseph W. Grier, Jr. – Mecklenburg County Courthouse, Room 5370 (832 E. Fourth Street); 1:30 p.m. Thursday, April 28 Spring Swearing-In – Join the MCB for the swearing in of newly licensed attorneys to the state and federal courts. The Blake Hotel (555 South McDowell Street); Registration 2:45- 3:45 p.m.; Ceremony 4:00-5:30 p.m.; Reception 5:30-7:00 p.m. Everett J. Bowman, an attorney with Robinson Bradshaw & Hinson, P.A., was awarded the Antitrust Section’s Distinguished Service Award from the North Carolina Bar Association. Bowman, who focuses his practice in antitrust and complex commercial litigation, was presented with the award at the annual meeting of the Antitrust and Trade Regulation section of the North Carolina Bar Association. In nomination letters from fellow lawyers, Bowman was lauded for his leadership in helping establish the North Carolina Bar Association’s Antitrust and Trade Regulation Committee nearly 20 years ago and for his years of service, beginning as the Section’s Chairman in its early days. Bowman’s colleagues throughout the state also cited his continued demonstration of the highest ethical standards, his high level of professional competence, and his significant and ongoing contributions to the development of North Carolina antitrust law. Editorial Policy The Mecklenburg Bar News accepts editorial and advertising material of general legal interest to the practicing Bar of the 26th Judicial District. The implicit purposes of the newsletter, website, and related methods of communication are to educate members of the Mecklenburg County Bar and to create and maintain shared communication with its members. The Communications Committee reserves the right to accept, reject, or edit all material. DISCLAIMER Efforts will be made to provide information of interest that is timely, accurate, and relevant to the legal community. The Mecklenburg County Bar is not responsible for misprints, typographical errors, or misinformation in The Mecklenburg Bar News. The views and opinions are not necessarily those of the 26th Judicial District Bar. Communications Committee: J.P. Davis, Chair, Justin Carpenter, Alan Edmonds, Bob Johnston, Charles Keller, Rhea Kelley, Hannah Little, Carrie Mansfield, Chara Moore, Phillip Lewis, Nancy Roberson, Michael Shor, Rob Wick LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA We do more. Continuous coverage since 1978. Risk Management Hotline. Free CLE for Insureds. www.lawyersmutualnc.com 919.677.8900 800.662.8843 CAMILLE STELL, DIRECTOR OF CLIENT SERVICES www.MeckBar.org March 2011 3
Page 1: March 2011 A publication of the Mec
Page 5 and 6: Judicial Bar Election Results Jena
Page 7 and 8: Volunteer Lawyer Program SPOTLIGHT
Page 9 and 10: Court Communiqués Race Matters for
Page 11 and 12: and Present Rosenman LLP; Hannah Li

Mar., 2011 - Mecklenburg County Bar

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