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After rejection, governor picks Croom for special judgeship
RALEIGH (AP) North Carolina Gov. Roy Cooper wants to elevate a local judge to be a special Superior Court judge after the General Assembly rejected one of his recent choices. Cooper announced Aug. 14 that longtime Wake County District Judge Craig Croom is his nominee to become a special trial court judge. These judges are often […]
Overrides of vetoes on 2 election-related bills halfway done
RALEIGH (AP) North Carolina Senate Republicans began carrying out overrides June 19 on a pair of Democratic Gov. Roy Cooper’s vetoes of election-related legislation. Cooper had complained that the bills meddle in elections and continue GOP efforts to reshape the courts. The lawmakers dismissed Cooper’s vetoes on a pair of 31-14 party-line votes. They said one […]
Candidates begin filing to run in NC judicial races
RALEIGH (AP) The first day of North Carolina judicial candidacy filing attracted more than 120 people seeking seats on the bench this November. Filing began at noon June 18 for over 150 District Court or Superior Court seats, along with one spot on the Supreme Court and three on the Court of Appeals. Filing ends at […]
Without statewide consensus, partial judicial remaps advance
RALEIGH (AP) Republican lawmakers are advancing fragments of a statewide remapping of North Carolina’s judicial election districts in hopes of passing them before candidate filing for judges begins in just over two weeks. A House committee voted late June 1 to expand a measure approved this week by the Senate that redrew Mecklenburg County judicial […]
Gov appoints 2 new judges
Gov. Roy Cooper has appointed a criminal defense lawyer and a district court judge to fill two seats on the Superior Court bench. David Phillips will join the District 27A bench in Gaston County, where he’s had an eponymous criminal defense practice for more than 20 years. He will fill a vacant seat on the […]
Criminal Practice – Subject Matter Jurisdiction – Superior Court – Misdemeanor & Infraction – Dismissed Felony
State v. Armstrong (Lawyers Weekly No. 011-206-16, 10 pp.) (Robert Hunter Jr., J.) Appealed from Nash County Superior Court (Alma Hinton, J.) N.C. App. Holding: Even though defendant was originally indicted for one felony (habitual impaired driving), one misdemeanor (driving while license revoked) and one infraction (speeding), since the state dismissed the felony charge before […]
Greenville attorney tapped for superior court vacancy
After 25 years of practicing criminal defense law, Jeffery Foster of the Foster Law Firm in Greenville has become the newest superior court judge in North Carolina. Gov. Pat McCrory appointed Foster to fill the seat on the Pitt County Superior Court left vacant when Judge Rusty Duke retired at the end of February. Foster […]
Judge files lawsuit to block agency’s disciplinary hearing
ELIZABETH CITY (AP) — A chief resident Superior Court judge in northeastern North Carolina has filed a lawsuit to block the state agency that regulates attorneys’ conduct from holding a disciplinary hearing against him. The Daily Advance of Elizabeth City reports (http://bit.ly/1OVtKZ5) Judge Jerry Tillett filed the lawsuit in Dare County Superior Court on Sept. […]
Court funding, judicial experience focus of forum
“Casey Viser: Last on the ballot, first in your heart.” That punch line and subsequent crowd laughter punctuated a forum — largely a light-hearted affair — at the Charlotte School of Law last week. Nine candidates for district and superior court judge seats attended the Oct. 15 event, hosted by Justice Initiatives and the Mecklenburg […]
Criminal Practice – Jurisdiction – Probation Expiration – Violation Report – No Time Stamp
State v. High Even though a deputy clerk of superior court signed and dated a probation violation report during defendant’s original probation period, since there was no time stamp on the report, the state failed to show that the report was filed with the clerk during defendant’s original probation period.
Contract – Express Warranty – 20 Years – Civil Practice – Statute of Repose
Christie v. Hartley Construction, Inc. : Despite a 20-year express warranty, plaintiffs’ claim -- that defendant Grailcoat Worldwide, LLC’s exterior finish system caused rot in and compromised the structural integrity of plaintiffs’ house – is barred by the six-year statute of repose. We affirm summary judgment for defendants.
Proposed budget would eliminate 12 superior court judges
Among the cuts listed in the Senate’s proposed state budget is the elimination of 12 special superior court judge seats, an idea floated earlier this year in Senate Bill 10. The Senate budget, if approved, would trim about $2.2 million to eliminate 12 of 15 special superior court judgeships, leaving only the three judges assigned to business court.
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