Attorneys and judges everywhere are watching with amazement the developments in West Virginia, where the entire state Supreme Court bench is on the ropes.  Of the five Justices, one retired in July in anticipation of pleading guilty to a federal wire fraud charge, and the other four have been impeached by the West Virginia House of Delegates.  The impeachment cases will proceed to the state Senate for trial. … Continue Reading

North Carolina Court of Appeals Judge Doug McCullough earlier today announced his retirement from the bench, effective immediately, only a month and a few days before he was to reach the mandatory retirement age on May 28.  Governor Roy Cooper immediately appointed former Court of Appeals judge John Arrowood to fill the seat left vacant by Judge McCullough’s early retirement. … Continue Reading

Justice Barbara Jackson recently published an article in the ABA Judges’ Journal on judges’ use of social media  (a.k.a., Facebook, Twitter, and LinkedIn).  The well-written article includes interesting examples of how a judge’s use of social media can quickly go awry. (Think: sitting federal district court judge uses his blog to “bench-slap” his bosses at the United States Supreme Court). … Continue Reading

1) Have a right to appeal

In re P.K.M. involved a juvenile delinquency proceeding against a twelve-year-old boy who moved to suppress incriminating statements he had made to an investigating detective and a school’s resource officer. The trial court granted the motion to suppress, and the state sought to appeal. But the North Carolina Court of Appeals dismissed the appeal and explained that under the juvenile code, the state only has the right to appeal when a state statute is held unconstitutional or when an order terminates the prosecution.… Continue Reading