Memorandum of Law Compel Subpoena - PowerPoint

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					―I confess that there are several parts of this
Constitution which I do not at present approve, but
I am not sure I shall never approve them. For
having lived long, I have experienced many
instances of being obliged by better information, or
fuller consideration, to change opinions even on
important subjects, which I once thought right, but
found to be otherwise.― Benjamin Franklin, 1787
"My movements to the chair of Government will be
accompanied by feelings not unlike those of a
culprit who is going to his place of execution.―
George Washington, 1787
State legislation
    Costs increases
    Criminal law
    Court administration—appellate
          election changes
HIPAA-effect on state courts
Unpublished opinions rule
Republican Party of Minnesota v. White
           Costs and Fees
•District court criminal, up $10 to $100
•Superior court criminal, up $10 to $125
•Civil filing fees, up $10
•Community service fee, up $100 to $200
•New expunction fee of $65
•SBI drug fee, up to $300
•Probation supervision fee—from $20 to $30
•Seat belt, helmet, court costs-$50
•Appointment fee for IDS counsel, $50
17 states, and counties within 5
other states, have adopted
appointment fee
  –ABA has supported fee
  –$500,000 first year
  –$5 per fee to Court Technology
  Fund
  –Takes effect Dec. 1, 2002
Applies only if appointment made;
not an application fee
Applies only to criminal cases
One fee per appointment (no
additional fee for multiple cases,
subsequent cases, or refiled
cases or appeals)
Nonpayment not grounds for
denial of counsel, withdrawal of
counsel, or contempt, and is not
waiver of counsel
             Collecting Fee
• Paid to clerk at time of appointment
   – May make partial payments or pay
     after appointment and before
     disposition
• Attorney advises at judgment whether
  fee paid attorney; added to total fee,
  unless court finds inability to pay
• Judgment entered and collected as all
  others

Send suggestions for rules to IDS
           Criminal Law
•Incest
•Falsifying urine tests
•Electronic criminal process
  •Electronic signature
•Address confidentiality in DV cases
•Accessing government computers
•Bioterrorism
       Court Administration
•Appellate election changes
  •Public Financing
  •Nonpartisan
  •Voter education pamphlets
•Marriage, 2002 version
•Public defender in 21st
•Rotation
•XXX Magistrate, clerk jurisdiction;
district judge terms XXX
•Sentencing Services transfer
     Sentencing Services
• Transferred to IDS
• Significant but manageable cuts
  – $5.7 million budget reduced to $3.5 million
  – Central office positions go from 11 to 4
• Role remains the same
• Most programs will remain in business
• Rubin to be interim administrator
        Medical Privacy
•HIPAA (Health Insurance Portability and
Accountability Act of 1996
•Comprehensive federal regulation of
transfer of medical information; state law
may be more protective
•Generally covered entity (health care
provider) must not disclose personal
health information (PHI) without
permission, or in some cases, notification
          Medical Privacy
• Exceptions allowed for law enforcement,
  judicial and administrative proceedings
• Court may, in ruling on privilege disclosure
  motions, compel testimony and HIPAA is
  satisfied
• IOG advice to health professionals: comply
  with subpoena and let court order
  disclosure—don’t disclose voluntarily since
  state law privilege usually will also apply
An unpublished decision of the North Carolina Court of
Appeals does not constitute controlling legal authority. . .
If a party believes, nevertheless, that an unpublished
opinion has precedential value to a material issue in the
case and that there is no published opinion that would
serve as well, the party may cite the unpublished opinion
if that party serves a copy thereof on all other parties in
the case and on the court to whom the citation is offered.
This service may be accomplished by including the copy
of the unpublished opinion in an addendum to a brief or
memorandum. A party who cites an unpublished opinion
for the first time at a hearing or oral argument must
attach a copy of the unpublished opinion relied upon
pursuant to the requirements of Rule 28(g) (“Additional
Authorities”). When citing an unpublished opinion, a
party must indicate the opinion’s unpublished status.
Republican Party v.
White
Issue:  Is ―announce‖ clause consistent
with 1st amendment? US Supreme Court,
in 5-4 decision, says NO
Interest of state in having impartial
judiciary and in appearance of impartial
judiciary, while important, is not compelling
enough to override interest of candidates
who want to speak
   –Underinclusive, since it only applies to
   campaign speech
   –Impartiality applies to parties, not to issues,
   so not tailored to problem
   –All people have predispostions
Republican Party v. White
•NC Code doesn’t have announce
clause
•Does not deal with promises or pledges
clause, which is included in NC Code
•Unclear whether it affects other
campaign rules, such as partisan
declaration, campaign contribution bans,
party activity, and endorsement of other
candidates
The legal profession, the legal academy, the
press, voluntary groups, political and civic
leaders and all interested citizens can use
their own First Amendment freedoms to
protest statements inconsistent with standards
of judicial neutrality and judicial excellence.
Indeed, if democracy is to fulfill its promise,
it must do so.         Justice Kennedy
             From Mark Twain
It could probably be shown by facts and figures
that there is no distinctly native American
criminal class except Congress.
Public servant: Persons chosen by the people to
distribute the graft.
 All Congresses and Parliaments have a kindly
feeling for idiots, and a compassion for them, on
account of personal experience and heredity.
Fleas can be taught nearly anything that a
Congressman can.

				
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