―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legislation Costs increases Criminal law Court administration—appellate election changes HIPAA-effect on state courts Unpublished opinions rule Republican Party of Minnesota v. White Costs and Fees •District court criminal, up $10 to $100 •Superior court criminal, up $10 to $125 •Civil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.