campbell law observer

CAMPBELL LAW OBSERVER
N ORMAN A DRIAN W IGGINS S CHOOL
Campbell University
OF
L AW
Buies Creek,
North Carolina
April 2008
Wright Case Brings Attention to Legislative Expulsion Process
O
n March 20 the General
Assembly passed a resolution
by a vote of 109-5, calling for
the expulsion of Representative
Thomas Wright. Wright (DWilmington), was expelled from the
NC House of Representatives after
being charged criminally with four
counts of fraud, all of which are felony
charges.
Wright was
accused of, and
more recently convicted of, mishandling thousands of
dollars in charitable contributions.
It was alleged that
Wright
mishanACHEL
dled contributions
from
AT&T,
URVIS
Anheuser-Busch,
and AstraZeneca, a
pharmaceutical company. Wright was
also charged with fraudulently obtaining a $150,000.00 bank loan. On April
7, Wright was convicted on three of
these four counts.
R
P
However, before his conviction in the criminal court, the state
House had already found due cause to
expel Wright from its body, leaving
House District 18 without the representative they had elected. With
Wright’s removal, the first such expulsion since 1880, there have been many
issues raised about the rarely-implemented process of legislative expulsion.
According to the Research
Division of the General Assembly,
Wright is the first member to be
expelled since Josiah Turner, who was
expelled 128 years ago. In fact, since
the establishment of the NC House,
only 11 other members have ever been
expelled. In Wright’s case, the ethics
committee filed a grievance after
criminal charges were filed against
Wright. According to the House
Resolution adopted on March 20, the
fraud counts filed against Wright
stemmed from accusations that Wright
failed to properly report campaign
funds that he received. It was also
alleged that Wright converted funds
intended for a charity to his personal
use.
Due to the filing of criminal
charges, a special House committee
made findings, and ultimately made a
recommendation that Wright be
expelled from holding office. After
this recommendation was made, a resolution was put before the entire
House, which sought the expulsion of
Wright.
The Investigation
The expulsion process began
with an investigation by the
Legislative Ethics Committee, North
Carolina’s version of the federal government’s House Committee on
Standards of Official Conduct. The
Legislative Ethics Committee is made
up of a total of twelve members: six
from the House and six from the
Senate. Among the six from each side
of the General Assembly, there are
three members from each party: three
Democrats and three Republicans.
NC General Statute § 120-103.1 lays
out the formal investigative procedure
in succinct terms. This statute sets
forth guidelines the State Ethics
Commission is to follow after a complaint is filed.
An investigation can be instituted upon a motion by the Committee
itself or based upon a complaint from
the State Ethics Commission. A
motion can be filed or a complaint
lodged following any violation of a
criminal law or of the State
Government’s Ethics Act, as laid out
in Chapter 138A of the NC General
Statutes.
Once a complaint is filed, the
Committee may choose to accept the
complaint, decline the complaint or
The N.C. House expelled one of its own
members in March (file photo)
investigate further. The Committee
may decline to accept a complaint if
they find that the complaint was
brought in bad faith, the situation has
already been investigated, or the complaint would be better handled by
another agency.
Within 10 days of deciding to
accept a complaint, the Committee is
required to send notice to the individual legislator, acknowledging the
Committee’s decision to initiate an
investigation. Within 60 days of this
decision to initiate an investigation,
the Committee must refer the complaint for hearing, initiate an investi-
Continued on page 10
Restorative Justice Changing the Landscape of Criminal System
D
an Van Ness had a simple message for Campbell students:
Restorative justice diverts
offenders, reduces recidivism, helps
victims, and increases the satisfaction
of both the victim and the criminal.
Van Ness, executive director of the
Centre for Justice and Reconciliation
at Prison Fellowship International,
spoke to Campbell law students on
March 26.
meeting process is imperative
because “most prisoners aren’t prepared for release into society.” Van
Ness emphasized that more needs to
be done so that prisoners are better
prepared for their return to society,
and that society is also better prepared
for their return.
What is Restorative Justice?
Restorative
ENNIFER justice is the
process in which
AKLEY criminal offenders and the victims of those offenses meet together
in order to decide what form of recovery works best for them.
There are three aspects to
restorative justice: the encounter (the
parties come together to find a solution), the reparation, (focuses on
repairing the harm that results from
the crime), and the transformation
(delineates living in healthy relationships with ourselves, others, and the
world).
Van Ness stated that this
“Restorative justice is a theo-
J
O
ry of justice that
sidered a party in
emphasizes repaircriminal cases?
ing harm caused
by criminal behavHe compared
ior,” said Van
and contrasted
Ness. “Restoration
the process of
is best accomcriminal justice
plished by the parwith the process
ties through incluof restorative jussive and cooperatice.
Van Ness explains the benefits of
tive
processes,
because they can restorative justice to students (staff photo)
He explained
lead to transformation.”
that under the traditional theory of
criminal justice, laws should protect
Van Ness also raised four citizens from harm and therefore
public policy issues found in the tra- criminals should be punished. He
ditional criminal justice system: 1) further stated that retribution, incaDo due process protections make pacitation, and deterrence are considhealing and reconciliations less like- ered cornerstones of traditional crimly? 2) What does first rate justice look inal justice.
like? 3) What is the rest of the story?
Continued on page 9
and 4) Why are the victims not con-
INSIDE
FEATURE ARTICLES
Judicial Interview: NC Court of
Appeals Judge John Tyson
by Mallory William................Page 2
Ethics Analysis by Rusty
Duncan................................Page 2
Women, Sex, and Slavery: The Tale
of Human Trafficking
by Yuliya Loshinsky...........Page 3
Juvenile Justice Program: Sowing
Seeds of Redemption
by Ian Bloom......................Page 5
LEGISLATIVE UPDATES
Legislative Summaries
by Yuliya Loshinsky, Chrystal Kay, and
Brian K. Law..........................Page 4
LAWYER’S ASSISTANCE
The Depressed Lawyer.........Page 8
SUMMER VACATION
This is the last publication of the
Campbell Law Observer for the
spring semester. New issues
will resume in the fall.
Page 2 - CAMPBELL LAW OBSERVER - April 2008
Judicial Interview: NC Court
of Appeals Judge John Tyson
J
udge John Marsh Tyson, a North
Carolina Court of Appeals judge
up for re-election this year,
recalled his funniest moment in
court. An attorney stood before him
and the rest of the appellate court
and said, “Your Honors, Defendant
was absent at sentencing because he
walked out of the courtroom, got
into his pick-up truck, and drove
away. When we finally caught him,
he was in Texas, ten miles from the
Mexican border.”
and chaired the Cumberland County
Joint Planning and Zoning Board
from 1993-2001 and was elected to
and chaired the Cumberland Soil
and Water Conservation District.
During this time, he also maintained
an active arbitration and mediation
practice. In May 2004, Judge Tyson
earned a Masters of Law in Judicial
Process from the University of
Virginia School of Law.
This was the excuse given
by a defendant’s attorney explaining
why his client, charged with second
degree murder, was late returning
from lunch. Along with such candid
moments as this, Judge Tyson has
dedicated the past 28 years of his life
to the legal profession in this state.
Campbell Law Connection
Judge Tyson was one of the
few members of the charter law class
of Campbell University. Having his
choices between North Carolina
C e n t r a l
University and
ALLORY Wake Forest
n i v e r s i t y,
ILLIAMS U
Judge Tyson
saw the potential of Campbell and took advantage
of the chance to be a member of the
charter class. During that inaugural
year, classes met six days a week,
including 8 a.m. Saturday criminal
law classes taught by Dr. Norman
Adrian Wiggins himself. Judge
Tyson also was influential in beginning the Campbell Law Review,
serving as one of the first Articles
Editors. His article for the Campbell
Law Review was the first law review
article from the school to be cited by
the NC Supreme Court.
M
W
Judge Tyson still maintains a
connection with the school. He currently teaches continuing legal education seminars and Real Property
Planning at Campbell and has done
so for the past 21 years. Judge
Tyson has also made numerous charitable donations to the law school for
building and scholarship opportunities and chaired the school’s Alumni
Association for several years.
Prior to his election to the
state Court of Appeals in 2000,
Judge Tyson practiced civil, criminal
and administrative law in both transactional areas and litigation. He has
served on the NC Property Tax
Commission and is a Board
Certified Specialist in Real Property
by the State Bar. He also served on
Judge Tyson (far right) joins Campbell
law students for a scholarship luncheon
(file photo)
Experiences on the Bench
During his time on the
bench, Judge Tyson has ruled on
over 2,600 appeals and has written
over 900 opinions with 98.5 percent
of them affirmed or left undisturbed
by the state Supreme Court. The
state Supreme Court has adopted 36
of his dissenting opinions in the past
six years.
He is most proud of his dissent in Barringer v. Mid Pines Dev.
Group, LLC, 152 N.C. App. 549
(2002), in which he dissented as to
the trial court’s finding that contributory negligence did not apply
where the plaintiff claimed that the
defendant’s “beautiful display of
buffet food” diverted his attention.
Judge Tyson’s dissent was ultimately adopted by the state Supreme
Court and the majority’s holding
reversed per curium on appeal.
Judge Tyson believes that
part of being a legal professional is
giving back and has done so on and
off of the bench as well. On April 4,
he participated in the NC State Bar
Association’s 4ALL Campaign.
“The campaign involved
700 attorneys answering 5,000 calls
at call centers in Fayetteville,
Raleigh, Greensboro and Charlotte
to make legal services available to
those who may not be able to afford
them but are in need of them,” Judge
Tyson said. He has also been an
Correction
Continued on page 7
The March article, “N.C. Justice Discusses Recent High Court
Decisions” mistated the opinion in State v. Stone, 362 NC 50, 653
SE2d 414 (2007). The trial court did not suppress cocaine evidence,
as reported, but instead found that the search of the defendant was
reasonable. The decision was reversed by the N.C. Court of Appeals
and the N.C. Supreme Court affirmed. We regret the error.
Ethics Analysis: Does Legal
Advertising Create Pitfalls?
S
ometimes it seems that lawyer
advertising is everywhere.
Whether it is on the television,
the newspaper, the phonebook, or a
billboard on the highway, legal services are being advertised all around
us. Legal advertising may come in
the form of a direct mailing, where
lawyers target individuals who may
need a certain type of legal representation. For some, advertising has
always been a touchy subject within
the legal profession.
You will be hard pressed to
find someone in central or eastern
North Carolina who has not seen the
television commercial for the Law
Offices of James Scott Farrin. They
feature actor Robert Vaughn, who
starred in the
1960s television
show Man from
U.N.C.L.E. and
played a villain in
the 1983 movie
Superman
III.
Vaughn is dressed
to the nines with
a classy dress
USTY
shirt, a tie and
suspenders, with
UNCAN d i s t i n g u i s h e d
white hair perfectly in place. He promises in a serious tone that the insurance company
will settle the case at the very mention of the name, James Scott Farrin.
This example seems to demonstrate
the effectiveness of lawyer advertising.
R
D
attorney advertising was a form of
commercial speech entitled to some
degree of protection under the First
Amendment. The Court found “the
postulated connection between
advertising and the erosion of true
professionalism to be severely
strained.” Id. at 368. It also
described the historical prohibition
to attorney ads as a “rule of etiquette” rather than a “rule of ethics.”
Id. at 371.
The Court further reasoned
that “the prohibition of advertising
serves only to restrict the informa-
Not so “super”?: Actor Robert Vaughn
stars in legal TV ads (file photo)
tion that flows to consumers” and
that “advertising is the traditional
mechanism in a free-market economy for a supplier to inform a potential purchaser of the availability and
terms of exchange.” Id. at 374, 376.
Though it ruled in favor of
the attorneys, the Court warned that
not all advertising by attorneys
should receive First Amendment
protection. False, deceptive or misleading attorney advertising is
unprotected, and warnings or disclaimers may be required in some
attorney ads. The Court also noted
that restraints on in-person solicitation may be appropriate.
Some feel that such legal
advertisements are an embarrassment to the legal profession and contribute to the stereotype that lawyers
are less than couth. Others feel that
The Bates decision led to an
their very survival in the legal profession may depend on their ability increase in attorney advertising. In a
to advertise so that they may gener- series of later cases, the Court struck
down even more restrictions. From
ate business.
1977 until 1995, the only time the
Some believe that the larger, Court upheld a restriction on attorbetter established law firms, which ney speech was a ban on in-person
advertise mainly through reputation solicitation. See Ohralik v. Ohio
and word of mouth, are the ones State Bar Ass’n, 436 U.S. 447
objecting to firms using direct mail- (1978). In 1995, the Court upheld a
ings or TV commercials. One rea- Florida rule that required lawyers to
son for this could be due to the fact wait 30 days after an accident before
that the larger firms already enjoy sending legal solicitation letters to
the name recognition in a particular parties affected by the accident. See
geographic area. The theory is that Florida Bar v. Went For It, Inc., 515
were it not for a television commer- U.S. 618 (1995).
cial or a letter from an attorney
NC Rules on Advertising
advertising their service, the potential client would simply go to the
The North Carolina Rules of
firm with the best name recognition,
Professional Conduct (NCRPC) regwhich is usually the large firm.
ulate lawyer advertising in our state.
The rules prohibit a lawyer from
Advertising as a Constitutional
making false or misleading commuRight
nications about the lawyer’s servicBefore 1977, all 50 states es. “A communication is false or
had ethical rules that prohibited misleading if it: (1) contains a matelawyers from advertising. But in rial misrepresentation of fact or law,
that year, the U.S. Supreme Court or omits a fact necessary to make the
determined in Bates v. State Bar of
Arizona, 434 U.S. 350 (1977), that
Continued on page 7
CAMPBELL LAW OBSERVER - April 2008 - Page 3
Women, Sex and Slavery: The Tale of Human Trafficking
N
atalia and her mom lived in
a small town in Belarus, a
republic of the former
Soviet Union. Natalia’s mother
had lost her job and was not qualified to work in any of the local
industries. Thus, the family’s
standard of living was rapidly
declining.
It was after seeing an ad in
the newspaper seeking females to
fill various nanny positions that
hope returned to the pair. Natalia
and her mom called the number in
the ad, were given some general
information, and told to come for
an interview. They were told the
interview was to assess the potential compatibility with potential
families for
whom
they
would
be
working.
The
two
were told that
the exact location of the
interview
ULIYA
would not be
revealed due
OSHINSKY to the privacy
interests of
the families that would be
employing them. They were given
directions to the location from
which the bus would take them to
Moscow. They were to bring travel documents in order to cross the
border into Russia. In Moscow, a
different bus would take them to
their final destination. Natalia and
her mom went home and discussed the opportunity with
Natalia’s father. All three decided
they needed the money and had no
choice but to take the job. In fact;
absent the temporary move away
from home, Natalia and her mom
believed they had struck gold.
Y
L
A few days later, the two
women said their goodbyes and
left for the bus. They did in fact
get on a bus which took them to
Moscow. However, once there,
Natalia and her mother left the
other passengers on board to
board a smaller bus to their final
destination.
When they got to where
they would be working, they were
dragged inside a house and locked
inside a room. Confusion ensued,
but was soon cleared up when
another woman also locked in the
room explained where they were.
Natalia and her mom were being
held captive in a brothel, having
been sold into prostitution.
Some months later, the
brothel was raided by the police.
The two were able to return home
- physically intact, but emotionally damaged. Back in Belarus, the
mother and daughter were too
ashamed to tell anybody the truth
of what had happened. It was only
after Natalia sought out Olga
Vysotskaya that she was able to lies, force, abuse), (3) for an ficking a human is substantially
come to terms with the atrocity improper purpose (such as slav- less than for trafficking drugs.
which had occurred.
ery, servitude, prostitution, or The second “P” is “prevention.”
transfer of organs?.
Prevention of human trafficking is
On April
1,
Olga
fostered through education on the
Vysotskaya spoke to Campbell
Vysotskaya provided the actual existence of the problem.
Law students about her experi- students with
This prong
ences in the area of human traf- the
above
entails proficking law. Vysotskaya is a example of
viding vicCampbell Law alumna, who, human traftims a safe
upon receiving her juris doctorate, ficking. She
haven if needreturned to her birth place in wanted
to
ed, as well an
Minsk, Belarus. Once there, she illustrate the
international
began work for the International reality
and
hotline to call
Organization for Migration. In prevalence of
for assistance.
her two years in Minsk, she spe- human trafThe
third
cialized in combating trafficking ficking that
focus of the
of men, women, and children and too often slips
plan is “prohandled close to 500 human traf- by unnoticed.
tection/reinteficking cases.
Her theory is
gration,”
that
once
which
is
Vysotskaya explained how these common
geared to help
human trafficking is an organized instances are Vysotskaya, Campbell alumna, shares stories of victims cope
human trafficking to students (staff photo)
crime that usually involves three brought
to
with the afterdifferent countries: a country of light, collecmath of their
origin, a country of transit, and a tive elements and strategies are crisis, as well as searching for
country of destination. In fact, able to be identified. And eventu- other known victims.
human trafficking organizations ally, a concrete answer to the
earn close to $5.8 billion per year, problem of human trafficking
Vysotskaya encouraged
making human trafficking the would take shape.
those interested to become
third most profitable illegal activinvolved in the fight against
ity on earth.
Vysotskaya and her col- human trafficking. She explained
leagues at the International how with the help of attorneys,
Vysotskaya believes that Organization for Migration strive particularly those with an interest
the global extent of human traf- to combat human traffic by appli- in international relations, the
ficking must be retaliated against cation of the “Three P’s.” This scourge of human trafficking can
with a single agreed upon interna- plan, while it has not been adopt- be brought to main stream distional definition of human traf- ed in an official capacity, is almost course and preventative actions
ficking. She proposes the defini- identical to what many other anti- can be put into place. The hope is
tion adopted by the United human trafficking organizations that one day people around the
Nations through the Palermo are implementing.
world will not have to suffer the
Protocol to Prevent, Suppress and
same fate as Natalia or her mothPunish Trafficking in Persons,
The first focus in the er.
especially women and children. “Three P’s” is “prosecution.”
Under the Palermo Protocol there This ideal concerns the current
Yuliya Loshinsky is a staff
are three elements of human traf- penalties on human trafficking, writer and second year Campbell
ficking: (1) recruitment, trans- which are often insufficient to Law student. She can be reached
portation, or abduction, (2) by punish the crime. In some juris- at y_loshinsky0604@email.campimproper means (i.e., coercion, dictions the punishment for traf- bell.edu.
Page 4 - CAMPBELL LAW OBSERVER - April 2008
State Legislative Updates and Summaries
Prohibit Gift Card
Maintenance Fees
to cards usable at multiple unaf- to put this plan into action.
filiated sellers of good or services.
N.C. Gen. Stat. § 115CS.L. 2007-363 (SB 1517)
A violation under this act 407 becomes effective August 1,
Senator Bob Atwater (Dem 18th by a seller or issuer of a gift card 2008.
N.C. Gen. Stat. § 66-67.5
constitutes an unfair trade practice and subject such seller or
Organ and Tissue
N.C. Gen. Stat. § 66-67.5 issuer to a civil penalty.
Donation/The Heart Prevails
provides that any person, firm, or
corporation engaged in the busiThis provision became S.L. 2007-538 (HB 1372)
ness of commerce who sells a gift effective December 1, 2007 and Representative Dale Folwell
card is prohibited from charging applies to gift cards sold on or (Rep. 74), Representative Hugh
the consumer with any mainte- after that date.
Holliman
(Dem.
81),
nance fees for one year from the
Representative
Debbie
date of purchase of the gift card. Yuliya Loshinsky is a staff writer Clary(Rep. 110), Representative
and second year Campbell Law William Wainwright (Dem.12)
If the seller plans to student.
N.C. Gen. Stat. 130 A-412.3
charge any maintenance fees after
through 130A-412.24
the first year, such information Policy Prohibiting Tobacco Use
must be expressly disclosed at the
in School Buildings and the
N.C. Gen. Stat. 130 Atime the gift card is bought and be Surrounding School Campus 412.3 through 130A-412.24 is
clearly visible on the gift card
amended to make it easier for a
itself.
S.L. 2007-236 (SB 1086)
person to be an organ or tissue
Senator William Purcell (Dem. donor. The heart symbol on a
A mainte- 25)
person driver’s license establishYULIYA
nance fee is N.C. Gen. Stat. § 115C-407
es the person’s intent to donate
without having to verify this with
LOSHINSKY, any fee that
the owner of
The new amendments to another person. However, this
CHRYSTAL a gift card N.C. Gen. Stat. § 115C-407 policy only applies to donation of
must
pay greatly broaden the scope on stu- organs, not tissue. When a donor
KAY &
w h e n dents while in the school build- signs a donor card they no longer
e d e e m i n g ing, the legislature extended the need two disinterested witnesses
BRIAN K. rthe
card, prohibition to all people that are present. A person’s name on the
i n c l u d i n g on the school campus, which donor registry creates a valid
LAW
any service includes the buildings and all sur- donation.
of inactivity rounding areas. This restriction
fees that may be charged. A gift applies during school hours,
A person age 16 or 17 who
card is defined by N.C. Gen. Stat. school-sponsored events, or any obtains a driver license can be a
§ 66-67.5 as “a record evidencing other time when a person is in the donor now, but their parent or
a promise, made for monetary presence of a student or school parents can revoke the minor’s
consideration, by a seller or personnel in an area on school donation or a refusal to donate.
issuer that goods or services will grounds.
While the statute expands the
be provided to the owner of the
methods to become a donor, it
record to the value show in the
This statute not only also creates the concept of
record.
affects the high school senior “refusal” if the person does not
smoking in the school bathroom, want to be a donor. This refusal
A gift card includes a but also a parent in the school is simply a record expressly statrecord that contains a micro- parking lot picking up his or her ing that a person intends to bar
processor chip, magnetic strip, or child, a patron attending a school others from making an anatomiother storage medium that is pre- sporting event, a teacher standing cal donor gift on one's behalf.
funded and for which the value is outside during her lunch break, or
adjusted upon each use, a gift cer- anyone else who enters the school
Other amendments to the
tificate, a stored-value card or building or the surrounding statutes affect policies regarding
certificate, a store card, or a pre- school grounds. For this policy organ donation. The donation will
paid long-distance telephone to be effective and fair, the legis- first be used for a transplant or
service that is activated by a pre- lature requires schools to post therapy, and then for research or
paid card that required dialing an signs that provide notice to stu- education (unless the donor specaccess number or an access code dents, parents, public and school ifies otherwise). Also, hospitals
in addition to dialing the phone personnel of the policy. Also, the must enter into "agreements or
number to which the user of the addition of the words “adopt” and affiliations" with procurement
prepaid card seeks to connect.” § “implement” in the statute places organizations.
66-67.5 does not, however, apply an affirmative duty on the school
This amendment became
effective October 1, 2007.
28A-13-1.
This act amends a series of
statutes in an effort to clarify a
person’s right to make advance
directives and designate health
care powers of attorney. These
amendments were also intended
to improve and simplify the
process for doing so.
A Health Care Power of
Attorney (HCPOA) may be
granted controlling authority over
a living will according to the
terms of either document.
However, this provision will not
create a conflict between the two
documents. Furthermore, if a
HCPOA deals directly with a particular medical condition and a
living will does not, the HCPOA
controls.
There have also been several changes in terminology. For
example, “life-sustaining procedures” are now “life-prolonging
measures,” defined as medical
procedures or interventions
which, in the judgment of the
attending physician, only serve to
postpone artificially the moment
of death by sustaining, restoring,
or supplanting a vital function.
One of the more significant changes made by the act is
that it repeals both of the original
statutory HCPOA and Advanced
Directives forms and replaces
them with more user-friendly
forms. The new forms do not
affect the use of previously-executed forms, however.
Additionally, this act also
includes several protections for
health care providers. It clarifies
that a health care provider may
rely on a health care agent’s
authority contained in a HCPOA,
even if it was executed in another
jurisdiction or uses the previous
statutory form, until actual notice
of revocation is given. This same
protection is provided for concerning advance directives as
well.
Physicians are given the
power to decline to honor a declaration if doing so would violate
the physician’s conscience or the
conscience-based policy of the
Chrystal Kay is a staff writer and treating facility.
first year Campbell Law student.
Any advanced directive
Improving the Processes for
may now be revoked orally or by
Advance Directives & Health writing, regardless of the
Care Powers of Attorney
patient’s mental or physical condition.
S.L. 2007-502 (H.B. 634)
Representatives Fletcher L.
This act became effective
Hartsell, Jr. (Rep. 36th), James October 1, 2007.
Forrester (Rep. 41st), William R.
Purcell (Dem. 25th), and R. C. Brian K. Law is a staff writer and
Soles, Jr. (Dem. 8th)
second year Campbell Law stuN.C. Gen. Stat. § 32A-15(c); 16; dent.
19; 24; 25.1; 27; § 35A-1208; §
90-320; 321; 322; 21.13; 21.17; §
CAMPBELL LAW OBSERVER - April 2008 - Page 5
Juvenile Justice Program: Sowing Seeds of Redemption
O
ur society could benefit
from a new approach to
crime. Campbell Law
Professor Jon Powell wants all
parties of crime to become better
citizens. This is the mission of his
Juvenile Justice Mediation
Program, which was commended
for its accomplishments by the
Governor’s Crime Commission
last December.
bring parties together, but was
chagrined to find that the criminal
justice system encourages the
accused to say nothing to anyone,
and takes great pains to separate
victim from offender.
“If you don’t talk, you
don’t resolve any problems,” he
said. “The court system says,
‘We’re holding you accountable;
this is your punishment.’ The kid
For
the doesn’t get it. They go out and
c r i m i n a l l y they do the same thing again.”
wronged, too
often, justice
Origins of the Program
and revenge
are two sides
Working as a general pracof the same titioner for several years, Prof.
coin. In the Powell’s hopes to effect a lasting
wake of a change found a practical solution
IAN
crime,
the one day in 2001.
malefactor is
BLOOM
caught,
the
“I met (Campbell Law)
victim
is Prof. Tony Baker for the first
denied an active role in adjudica- time; he had just come here from
tion, and both parties, wounded, Pepperdine, and he said at
sink into the mire of bitterness. Pepperdine, they had a juvenile
For the criminal, regret may be mediation program,” said Prof.
limited to merely getting caught. Powell. Prof. Baker explained to
For the victim, fear and impotent him that the program’s purpose
rage can consume. The criminal was to bring the offender and the
does not realize what he has victim together to talk about it
done; the victim does not realize and work out a plan to make
why this was done.
things right. Powell was
impressed. “’That is the answer
As a graduate of Campbell to my frustration. We need to do
Law who took a job as an indi- that.’ Baker answered, ‘Yeah, and
gent defense attorney, Prof. we need to do it within the
Powell recalled his first impres- Campbell law school, and make it
sions of the criminal justice sys- a clinical program, and get our
tem that resolves crimes while students involved,’” related Prof.
ignoring the broken spirits of Powell.
criminal and victim.
Prof. Powell launched the
“For most of my clients, Juvenile Justice program in 2003,
this was not a first time thing for through a grant from the
them,” he said. “This was really a Governor’s Crime Commission.
lifestyle...they had constant The program, headquartered at
involvement with the court sys- Campbell, serves all of the 11th
tem.” He also stated that juve- Judicial District, which includes
niles who did not have a prior Harnett, Lee, and Johnston councriminal history themselves gen- ties. When a case can be resolved
erally came from families that without prosecution, such cases
did.
(usually assault or property
crimes) are referred to Prof.
Prof. Powell wanted to Powell. Referrals come from the
Prof. Powell (right) meets with second year Campbell Law
student Elleveve Boyer (staff photo)
Juvenile Intake Council, the
assistant district attorney working
the case (in consultation with the
defense attorney), schools, and
judges.
The highlights of Prof.
Powell’s program, which is a 2credit-hour course for students,
includes a morning’s observation
of juvenile court proceedings,
followed by a luncheon with key
players including prosecutors,
judges, and service providers in
the field. From there, students
begin developing their own mediation skills. “It helps them see
how good humanity can be if you
create a space that people in conflict can come into in a safe way
and talk to each other,” said Prof.
Powell. “It lets them see some
beautiful moments.”
2. Neither the Campbell Law Observer nor its staff takes political positions within
the context of the periodical itself. However, since discussions of legal issues necessarily involve evaluations of and recommendations concerning public policy,
individual pieces may take positions on issues of current controversy. Such positions are those of the writer alone.
3. It is the goal of the editorial staff to include a wide array of articles of interest to
the community of practicing attorneys in North Carolina. Some articles may not
be printed promptly because of space limitations or because of a desire to thematically arrange certain articles.
4. Advertisements are accepted on a space-available basis only. The editorial staff
may for space, design, or other reasons, choose to run a given ad beyond its contract date. In such a circumstance, there will be no charge for additional runs of
the same ad. Such decisions are made solely at the discretion of the editorial staff.
For the victim, Powell
stated that “something that fuels a
lot of fear and anxiety in people is
the assumptions that they make
about what people must have
been thinking, or about why
things must have happened.”
He continued, “And most
of the time those assumptions are
incorrect. So when they get the
actual, factual information they
Offender-Victim Meetings
usually feel a whole lot
better...and that helps them to
Prof. Powell’s first media- walk into that room and meet
tion class was Spring 2004, the with that person that has offended
first case followed that March.
Continued on page 9
Students working in the program
CAMPBELL
LAW OBSERVER
http://law.campbell.edu/pubs/clo.html
P.O. Box 40, Buies Creek, NC 27506
culawobserver@email.campbell.edu
(910) 893-1797 (telephone) - (910) 893-1689 (fax)
Vol. 29 No. 3 - April 2008
EDITORIAL STAFF
Editorial Policies of the Campbell Law Observer
1. The Campbell Law Observer solicits article contributions from anyone on any
topic of interest to the community of practicing attorneys in North Carolina.
However, editorial discretion ultimately resides with the editorial staff of the
Campbell Law Observer alone, even for articles that are of publishable quality.
hone their capabilities for listening, interviewing, and isolating
critical issues. Most importantly,
the students helps both sides
involved in a crime solve their
own problems, independent of
the tort and criminal justice systems. These confrontations are
carefully controlled. The process
begins with separate preparatory
sessions for offender and victim.
Phillip Gilfus
Editor-in-Chief
Heather Payne
Business Editor
Phil Entzminger
Content Editor
John Hindsman, Jr.
Gigi Gardner
Content Editor; Advertising
Content Editor
STAFF WRITERS
Ian Bloom
Rusty Duncan
Shannon English
Emily Haas
Kevin V. Howell
Amanda Johnson
Chrystal Kay
Brian K. Law
Yuliya Loshinsky
Sam Mills
Susannah Nichols
Jennifer Oakley
Hunter Plemmons
Rachel Purvis
Paula Shearon
Robert White
Lemuel Whitsett
Mallory Williams
Page 6 - CAMPBELL LAW OBSERVER - April 2008
Campbell Law Seeks to Make Changes, Improve Reputation
T
he Norman Adrian Wiggins
School of Law at Campbell
University has been busy
making improvements. In the
spring of 2007, the school conducted an in-house survey, anonymously receiving feedback from
its students regarding the school’s
strong and weak points. After
hearing that students were concerned about the law school’s
facilities, their opportunities for
employment, and the diversity of
the student body, Campbell Law
began its work to address these
matters.
Perhaps
the
biggest
improvement Campbell is working towards is its move to Raleigh.
After 30 years in Buies Creek, the
law school has decided to relocate
to new facilities in the state’s capital. Campbell
has purchased
MILY
the property at
2
2
5
AAS
Hillsborough
Street.
The
107,000 square foot building is
currently undergoing renovations
and is scheduled to open to students in the fall of 2009.
E
H
The move has generated
significant support from the city of
Raleigh. Several friends of the
school, including the Canon
Foundation and 1984 alumnus
John C. Bruffey, Jr., have donated
towards acquiring and renovating
this new facility.
In addition to the new facilities, Campbell’s move to Raleigh
will address another of the students’ concerns by increasing
employment
opportunities.
Raleigh is North Carolina’s state
capital and home to the legislature
and state Supreme Court, as well
as the federal court for the Eastern
District of North Carolina and
lower state courts. Additionally,
numerous private law practices are
located in the capital city, specializing in a wide range of legal
areas. Campbell’s move will give
students greater access to these
organizations, allowing them to
investigate their legal interests and
to pursue internships or extern-
ships (and eventually post-gradua- known in
take strides
tion jobs) with the government and the
state
towards
law firms.
market but
improving.
does not
Although the move to have
a
Even
as
Raleigh will not be complete until large repuCampbell
the 2009-2010 school year, some tation outm a k e s
changes are already underway. side of the
improveThis past summer, the law school state. The
ments,
it
received a grant from the Felburn a u t h o r s
also upholds
Foundation to upgrade its law pointed out
its historical
library. This upgrade included that there
strengths,
refurbishing the main floor of the are some
including its
library, providing a better study drawbacks
bar passage
space for students, and purchasing to this. For
rate and its
more titles for the library’s collec- e x a m p l e ,
rigorous,
tion. Additionally, the upgrade M o r r i s s
practical
could help Campbell’s reputation. a
n
d
approach to
For the U.S. News and World Henderson
legal educaReport rankings, fifteen percent of found that
t i o n .
the overall score goes towards m a n y
Campbell
“per-student” resources, which C a m p b e l l
Law School
includes the number of volumes g r a d u a t e s
once again
and titles in the school’s library.
carry their Morriss and Henderson critiqued NC law schools in
had
the
their report released in Feb. by the Pope Center
law school
highest pasfor Higher Education Policy. (file photo)
Campbell has also been debt longer
sage rate on
working to address another com- than those
the North
mon criticism, its lack of diversity. students who graduate from Carolina bar exam in 2007. In
In a recent “Meeting with the national schools like Duke continuing
these
traditions,
Dean,” students were informed University or UNC-Chapel Hill Campbell earned high praise from
about the school’s recruiting because it is more difficult for The Princeton Review’s Best 170
efforts and the focus of these them to find employment with Law Schools, 2007 Edition. The
efforts on creating a student body larger, better-paying law firms.
Princeton
Review
praised
that is educationally, racially, and
Campbell for its emphasis on
experientially diverse. These
Their report also seemed to ethics and professionalism, its stuefforts have already begun to pay favor UNC and N.C. Central dent-faculty ratio, and the relationoff, as the class of 2010 is University because of lower costs ships formed between professors
Campbell’s most diverse class. and higher national recognition. and students.
The current 1L class is represented Nonetheless, the faculty, adminisby students from 37 different tration, students, and alumni conBy addressing student conundergraduate majors, 14 percent tinue working to make the cerns and continuing the educaof the class is made of minority Campbell Law J.D. more valuable tional practices students found to
students, and students have come everyday. Additionally, both the be school strengths, Campbell
to Campbell after prior careers in report by Morriss and Henderson Law continues to improve the
the armed services, the medical and U.S. News and World Report school for both current and future
profession, and the engineering base at least part of their judgment students.
profession.
on criteria such as student employment placement, school and
Emily Haas is a staff writer
Campbell’s changes will library facilities, reputation, and a and second year Campbell Law
also help it respond to common school’s student body, all of which student. She can be reached at
criticisms from the U.S. News and Campbell has already begun to ehaas@email.unc.edu.
World Report rankings system and
a recent study by Andrew P.
Morriss
and
William
D.
ALUMNI ANNOUNCEMENT
Henderson
entitled
“Legal
Education in North Carolina: A
Report for Potential Students,
John P. Marshall, of the firm White & Allen,
Lawmakers, and the Public.” In
their report on NC law schools, P.A., has been elected to the business law secMorriss and Henderson catego- tion of the North Carolina Bar
rized Campbell Law as a “regional
law school,” one that is well Association. The Business
Law section currently has over
1,500 members.
Marshall earned both his
undergraduate
Business
Administration degree and law
degree (magna cum laude)
from Campbell. He maintains
a civil litigation practice and advises clients in
business matters such as structuring business
transactions, real estate acquistion and general
business matters.
CAMPBELL LAW OBSERVER - April 2008 - Page 7
Ethics Analysis, Cont’d
statement considered as a whole not
materially misleading; (2) is likely to
create an unjustified expectation
about results the lawyer can achieve,
or states or implies that the lawyer
can achieve results by means that
violate the Rules of Professional
Conduct or other law; or (3) compares the lawyer’s services with
other lawyers’ services, unless the
comparison can be factually substantiated.” NCRPC Rule 7.1(a).
One would think that the
James Scott Farrin ad, which implies
that the firm can intimidate insurance companies into settling by
merely mentioning his name, is
“likely to create an unjustified
expectation about results the lawyer
can achieve.” However, such statements are usually deemed to be
“mere puffery”, and it is assumed
that the public can determine that
such statements are just a sales pitch.
To make viewers aware of the
puffery in commercials like Farrin’s,
the Rules require that such fictional
situations contain a conspicuous
written or oral statement, at the
beginning and the end of the communication, explaining that the ad
contains a dramatization and does
not depict actual events or real persons. NCRPC Rule 7.1(b).
The Rules further prohibit
lawyers from soliciting clients inperson, via live telephone or by realtime electronic communication
unless the person contacted is either
(1) a lawyer; or (2) has a family,
close personal, or prior professional
relationship with the lawyer.
NCRPC Rule 7.3(a).
Judge Tyson, Cont’d
font that is at least as big as the
lawyer’s or law firm’s name in the
letterhead or masthead. Id.
active member of the NC Bar
Association’s Lawyer Referral
Service for many years.
Need for New Rules?
Throughout his years of service to the North Carolina legal community, Judge Tyson has witnessed
first hand what it takes to be a good
lawyer. When asked what he considers essential in becoming a good
lawyer he stated that “effective oral
and written communication as well as
preparation are indispensable qualities that will determine the reputation
and degree of success of any lawyer.”
Professor Kevin Lee, who
teaches Professionally Responsibility
& Ethics at Campbell Law, believes
that new rules may be needed to
address the rapid increase in legal
advertising on the Internet. Examples
of web-based legal advertising range
from clickable ads that appear from
an Internet search on legal issues to
law firms having a Facebook page.
Lee recognized that “many lawyers
have blogs, and they can be used to
subtly advertise.”
The current rules could be
applied to the actual advertisements
on the Internet, but the way people
find the links to those ads may need
to be addressed.
“The current rules were written before the existence of the
Internet,” said Lee. “Using the
Internet to advertise is a great way
for lawyers to reach the younger
generation and the tech savvy
crowd, but it may be time to think
about new rules to address legal
advertising on the Web.”
Conclusion
Lawyer advertising comes in
several different forms, and ranges
in character from annoying and
amusing to helpful and informative.
There are always going to be critics
of legal advertisements, but the ads
are here to stay. The Constitution
grants lawyers the basic right to
advertise, but leaves it up to the
states to reasonably regulate those
advertisements. Lawyers who wish
to advertise in North Carolina are
bound by Rules 7.1 through 7.5 of
the NCRPC. These rules are in place
not only to protect the integrity of
the profession, but also to protect the
public from being taken advantage
of by attorneys. If these rules are
violated, disciplinary action will
result.
The Rules do allow direct
mail solicitation so long as the person contacted has not made known
to the lawyer a desire not to be
solicited by that lawyer, and the
solicitation does not involve “coercion, duress, harassment, compulsion, intimidation or threats.”
NCRPC Rule 7.3(b). However such
written “targeted communications”
must be in an envelope and the front
of the envelope must contain the
statement “THIS IS AN ADVERTISEMENT FOR LEGAL SERRusty Duncan is a staff
VICES.” NCRPC Rule 7.3(c). The writer and a second year Campbell
advertising notice must also appear Law student. He can be reached at
in capital letters at the beginning of rustin.duncan@gmail.com.
the body of the solicitation letter in a
O’Neal Law Office
www.oneallawoffice.com
John O’Neal
Used Vehicle Issues • Vehicle Dealer Fraud • Odometer Fraud
Motor Vehicle Repair Act • Lemon Law
Personal Injury/Wrongful Death • Civil Litigation • Homeowners’ Issues
Business Litigation • Contract Disputes • Traffic Tickets (Guilford and
Forsyth counties)
Referrals and associations are welcome.
7 Battleground Court, Suite 212, Greensboro, NC 27408
Phone: 336.510.7904
He finds the ability of all citizens to obtain access to the courts for
equal application of the rule of law to
be our justice system’s biggest
strength but believes that reducing the
delays and costs required to obtain a
final resolution of a party’s claim
would help to make that accessible
justice system even more productive.
With so many professional
achievements, Judge Tyson still considers his wife Kirby and his four
children as his greatest lifetime
achievement.
“My wife is my best friend
and has been for 34 years of marriage
and then some,” he said, noting that
raising their children has also been
the most fulfilling pursuit of his life.
He is also an avid hunter and
enjoys restoring antique automobiles
and collecting coins and stamps.
Despite reading legal text day in and
day out, he still finds time to read at
least one book a week citing the biographies of the American presidents
and other successful individuals as
his favorite non-fictional works.
When asked about his favorite fictions he cites John Grisham from
whom he received a personalized
autographed book as a birthday present.
State Court of Appeals
Judge John Tyson (file photo)
The autograph story begins
by Judge Tyson being lured to a surprise birthday party at James
Madison’s home in Charlottesville,
VA, under the false pretext he was
going to a John Grisham book signing. His friend, a Mississippi
Supreme Court justice and L.L.M.
classmate, felt so bad about Judge
Tyson lugging his 10 books to the
false “signing” that he had Grisham
send Tyson an autographed copy of
his new book 2 weeks before its
release date. Grisham and Judge
Tyson’s friend had served together in
the Mississippi legislature.
When it comes to his mission
on the bench, he explained, “I believe
in the mission of the North Carolina
judicial branch and in a free and independent judiciary as essential to the
proper administration of justice.”
Mallory Williams is a staff writer and
first year Campbell Law student. She
can be contacted at mewilliams0821@email.campbell.edu.
ATTENTION CLO SUBSCRIBERS!!
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address changes must be handled through the NC State Bar.
You can change your address information with the NC
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Page 8 - CAMPBELL LAW OBSERVER - April 2008
LAWYER ASSISTANCE PROGRAM
Judicial ‘Punting’: The Snyder Case Confidential
Assistance to Members of the NC State Bar & Law Students
C
hief Justice John Roberts of
the United States Supreme
Court is a judicial minimalist,
and he has been successful implementing this jurisprudence on the
Court. As a result, many Roberts
Court precedents appear understated,
narrow, and seemingly timid.
An
excellent
example of this
tendency
is
Snyder
v.
Louisiana, 128
S. Ct. 1203
(2008),
the
Court’s
most
recent statement
equal protecATTHEW on
tion challenges
to jury selecUINN
tion. The justices were posed
with several problematic legal questions in Snyder, but the Court
declined to answer these questions,
opting instead to narrowly resolve
the controversy at hand.
M
Q
At first glance, this restraint
appears undutiful and undesirable.
To the contrary, we should be grateful for such judicial punting, and I
will explain why in what follows.
To understand Snyder’s minimalist holding, one must understand
Snyder’s history. Snyder is the most
recent case to reaffirm the principle
that equal protection forbids a litigant from exercising peremptory
challenges
discriminatorily.
Peremptory challenges are used during jury selection to remove prospective jurors without cause. Batson v.
Kentucky, 476 U.S. 79 (1986) is the
leading case. In Batson, an African
American was charged with burglary
and receipt of stolen goods. During
jury selection, the prosecutor used
four peremptories to remove every
African American from the jury. The
defense counsel objected, but the
trial judge stated that the State can
“‘strike anybody [it] want[s] to.’”
The defendant was convicted by an
all white jury.
The Court then granted certiorari. In a landmark opinion, the
Batson Court held that the defendant’s constitutional right to a trial
free of discrimination was violated.
To combat such discrimination, the
Court adopted a three step burden
shifting framework: first, the chal-
lenger must make out a prima facie
case of discrimination; second, the
peremptory’s proponent must proffer
a neutral reason for the strike; and
third, the judge must determine
whether the Constitution has been
violated.
Unfortunately, Batson was
easily manipulated by those with a
mind to discriminate. Thus, the
Court handed down Miller-El v.
Dretke, 545 U.S. 231 (2005), an
opinion that gave Batson teeth. In
Miller-El, the defendant, who was an
African American, and several
accomplices bound and gagged two
Holiday Inn clerks. The defendant
shot both clerks, killing one. During
jury selection, the prosecutor used
ten of his fifteen peremptories to
remove African Americans. This statistic is made even more egregious
by the fact that there were only
eleven African Americans in the
qualified pool. Nonetheless, the trial
court rejected the defense counsel’s
Batson challenges.
On habeas corpus review, the
Court reversed. Justice Souter’s
Miller-El opinion clearly stated that
prosecutors’ peremptories had
received too much deference under
Batson. Thus, the Court mandated
close factual scrutiny of all circumstances relevant to discrimination
during jury selection. To demonstrate the extent of this factual
review, the Court embarked upon a
31-page, fact-bound opinion. This
was a commendable effort, and it
probably curbed invidious strikes.
However, Miller-El also created several troublesome legal
issues, not least of which was the
standard of review. Equal protection
challenges to peremptories are highly contextual and fact-specific. As a
result, Batson issues are particularly
within the trial judge’s province.
Recognizing this fact, the Court has
held that Batson challenges are
reviewed for clear error. Hernandez
v. New York, 500 U.S. 352 (1991).
Clear error review is designed to provide trial judges great deference.
Problematically, this deferential standard is seemingly at odds with
Miller-El’s meticulous factual scrutiny.
The Miller-El opinion is further complicated by its tension with
Continued on page 11
RE - ELECT
Judge
John Tyson
NC Court of Appeals
*Early Voting Occurs
April 17 - May 3
Primary Day: Tuesday, May 6
1-800-720-PALS
1-877-627-FRIENDS
The Depressed Lawyer
S
ometimes Paul thinks killing ty is becoming more aware that
himself would be the best depression is a serious problem in
the profession, some are still
solution.
unclear as to what depression actuIf he were dead, his life ally is. We all experience periods of
insurance policy would provide for depression, typically in reaction to
his wife and children in a way that some difficult life experience, such
he hasn’t been able to in years. “I’m as the end of a relationship or the
worth more to them dead than death of a loved one. But for most
of us, these times of sadness are
alive,” he says.
brief and don’t effect our ability to
Paul feels sad most of the function. In contrast, clinical
time. Sometimes he just feels numb. depression is more extreme and
He has a hard time getting any work more prolonged. The lows are
done, often starting out the window lower, and the periods spent in these
or at his computer monitor for hours emotional depths are longer.
on end. He avoids answering the Depression in its most severe forms
phone or returning client calls, espe- can render people unable to carry
cially calls from “difficult” clients, out the day-to-day necessities of life
and hasn’t opened his mail in and can lead to suicide.
weeks. Paul wanted to practice law
Forms of Depression
in order to
REG
help people.,
Diagnostically, there are two
so he feels
ILLER
e s p e c i a l l y forms of clinical depression: major
guilty about depressive disorder and dysthymic
letting his clients down. His person- disorder (also called dysthymia).
al injury practice is getting smaller Major depression is a severe depresand smaller because he lacks the sion that lasts at least two weeks and
motivation or confidence to market is typically debilitating, usually rephimself. He worries about making resenting a substantial change from
his mortgage payment this month. how someone functioned prior to
When his wife asks him if some- the depression. Often, though not
thing is wrong, he tells her that he is always, it will be clear to the
just tired and overworked. He is depressed person and those around
ashamed to let her or even his clos- him or her that something has
ets friends know the truth: he is changed, that something is wrong.
But there is no single way that
deeply depressed.
major depression presents itself.
Some people might have trouble
Depression and the Legal
sleeping, lose weight, and generally
Community
feel agitated and irritable.
Paul is not alone. He is one
Others may sleep and eat too
of many attorneys who struggle
with depression. It should no longer much, and feel worthless and guilty.
be a secret that there is a dramatical- Some may be able to function realy higher incidence of depression sonably well at work and put on a
among lawyers than in the general “happy face” in front of others,
population. A growing body of while deep down they feel sad and
research shows that attorneys are at disinterested in life. Others attempt
significantly higher risk than mem- to “self-medicate” their depression
bers of other professions for experi- with alcohol and/or drugs. Most
encing depression. Attorneys are people with major depression will
also at dramatically higher risk of have either a depressed mood or a
committing suicide. A John general loss of interest in activities
Hopkins University study found they once enjoyed, or a combination
that of the 104 occupational groups of both. Also, they will have other
examined, lawyers had the highest physical and mental symptoms such
incidence of clinical depression. A as fatigue, difficulty with concentraNational Institute for Occupational tion and memory, feelings of hopeSafety and Health study indicated lessness and helplessness, and
that male attorneys were twice as thoughts of suicide.
likely as men in general to commit
Dysthymic disorder, on the other
suicide.
hand, is a milder but more chronic
Though the legal communiContinued on page 10
G
M
CAMPBELL LAW OBSERVER - April 2008 - Page 9
Restorative Justice Changing the Landscape, Cont’d
Benefits of Restorative Justice
Restorative justice, however, is
quite different. It focuses on the idea
that victims should recover from
harm done to them, and that criminals
should make amends to the victims
by apology, restitution, competency
development, and generosity. Another
key component of restorative justice,
Van Ness explained, is that the parties
should be able to be involved in the
process of deciding what the offender
can do to make amends.
Van Ness suggests that a more
effective approach would be to combine the two processes. He believes
that while laws should protect citizens
from harm, victims also need help
recovering, and they should play an
active part in the procedure of deciding how criminals can make amends
to them.
Van Ness shared some statistics
with students which showed that
restorative justice reduces several
negative consequences of the criminal justice system: recidivism rates,
post traumatic stress symptoms in
crime victims, desires for revenge in
crime victims, and court costs. He
pointed out that when compared to
the typical criminal justice process,
restorative justice has also brought
about an increase in satisfaction or a
sense of closure with both the criminal and the victim, and it has doubled
the number of offenses brought to justice.
First year law student Marcus
Burrell agreed with Van Ness, supporting the concept of restorative justice.
“Many people feel that the
prison system is broken,” he said,
stating that because of this fact,
restorative justice is “a successful and
necessary system.”
Burrell continued, “Restorative
justice helps fix some of the cracks by
providing closure and explanations
for victims of crimes, and exposing
criminals to the ramifications of their
crimes.”
Campbell Law and the “Five C’s”
Van Ness also used his
speaking opportunity to share with
students what he saw as the basics
of Campbell Law’s vision statement: Community, Conviction,
Compassion, Competence, and
Calling, or the “Five C’s.” Van Ness
stressed the importance of revisiting
the “Five C’s” annually in order to
evaluate one’s personal life goals
and progress. He suggested a prac-
tical method for completing the reevaluation.
“Write down why you went to
law school in the first place and keep
it in your wallet,” he said. “Then, take
it out once a year and read it to yourself.”
He stated that lawyers should
ask themselves five questions: 1)
How can I improve my relationships?
2) What are my convictions? 3) For
whom do I have compassion? 4) Are
my skills strong? and 5) What am I
called to do? Van Ness suggested that
law students begin the re-evaluation
process immediately.
“It might reinforce that what
you’re doing is what you want to be
doing, and you won’t be as likely to
have regrets 40 years from now,” he
said.
Van Ness acknowledged that he
himself has had difficulties addressing one of the “Five C’s,” his professional calling. Van Ness admitted it
was hard for him to choose between a
career in ministry or in law. “I wasn’t
sure that I had a calling to the ministry, but felt that I needed one to go
into that particular field,” he said. In
Chicago, he began working as a janitor on the night shift and spent his
days volunteering at a legal aid clinic.
It was through that experience that
Van Ness realized he had a calling to
“bring about justice.” He began by
practicing poverty law. Eventually,
he started a general practice poverty
law firm that was focused on the
“working poor,” people who were
able to make just enough to survive,
but did not qualify for legal aid.
Van Ness received his B.A.
from Wheaton College, J.D. from
DePaul University College of Law,
and LLM from Georgetown
University Law Center. He has
involved himself in the field of criminal justice for more than 30 years,
including teaching Criminology at the
University of Malta. Van Ness now
represents
Prison
Fellowship
International at various international
gatherings discussing restorative justice. He was also the principal draftsman of the Basic Principles on the
Use
of
Restorative
Justice
Programmes in Criminal Matters,
which was later endorsed by the
United Nations. Van Ness encourages students who are interested in
restorative justice to please visit
www.pficjr.org or www.restorativejustice.org for more information.
Jennifer Oakley is a staff
writer and first year Campbell Law
student. She can be reached at jendoakley@hotmail.com.
Juvenile Justice: Sowing Seeds of Redemption, Cont’d
them.” Another concern is the
anger of the victim, and whether
he will listen to the perpetrator.
No meeting will occur unless it
will be safe or productive. Forty
percent of referred cases do not
reach mediation.
The Juvenile Offender’s View
Often the arrestees do not
want to attend, but the prospect of
juvenile detention is a strong
motivating factor. Mediation
requires a look at the hurts of a
difficult past, well before the
crime. Where it was, before, the
victim who was afraid, now it is
the criminal who cowers. By consenting to mediation, the wrongdoer must examine himself.
But many of these offenders, looking to the future, see
nothing better. Prof. Powell sees
these young offenders, sitting at
the mediation table, as boys “sitting at a crossroads. They can
make a decision to do something
good or they can make a decision
to walk away from it. And sometimes they walk away from it.
But a lot of times they do something good, and it makes a difference to them.”
No specific outcome is
decided by the mediator. It is not
a binding arbitration. Victim and
offender work out a mutually satisfactory resolution. Typically,
the offender agrees to pay off the
‘debt’ incurred through a series of
payments or by laboring for the Referrals who refuse to particivictim. The agreed-upon terms pate commit another crime 35 to
are then written down.
40 percent of the time. But the
greatest benefits may still be
The
perpetrator
is unseen. Since most of the particenthused, seeing the remedy not ipants are on the cusp of adultas a punishment, but a contract by hood, the program can moderate
which he benefits. One offender, the number of first-time offenders
Prof. Powell recalled, was indig- age 16 and older.
nant that an outsider would confuse his choice to make amends
Restorative justice is more
with community service. This than victim-offender mediation.
young man had been ordered to It is a big tent which includes vicdo community service before. tim impact panels, sentencing cirBut it wasn’t service to him, it cles, and peace talking circles.
was punishment imposed from Though the concept of restorative
above, punishment with no justice has roots in Medieval
apparent relation to anything he Europe and is still practiced in
had done.
parts of Africa, its modern incarnation began with an early 1970’s
Benefits of the Program
Ontario program spearheaded by
a youth probation officer.
This is one of the major
benefits of juvenile mediation,
Now 400 such programs
the perpetrators see the connec- exist in the United States. As the
tion between crime and punish- purposes of the juvenile justice
ment. Before, they saw little to system are, in proportion to its
no relation between their acts and adult counterpart, more rehabilithe punishment which followed, a tative than retributive, restorative
punishment they viewed as arbi- justice is a natural fit for juvenile
trary, pointless, and malicious. crime.
The retributive system gives the
state responsibility for holding an
But critics of these prooffender accountable.
But grams contend that crimes are
restorative justice places that just being forgiven or wished
responsibility squarely on the away. To these arguments, Prof.
offender.
Powell replied, “Kids tend not to
re-offend after they go through
And offenders are benefit- this program, which is a benefit
ing from the program. Re- to the community. And restoraoffense rates for malefactors who tive justice gives the offender the
participate in the mediation pro- opportunity to do something posgram range from 16 to 20 percent. itive. We can make a difference
in their criminal behavior if we
can help them take responsibility
for what they’ve done. It’s a lot
harder for a kid to sit down with
someone that they have offended,
than it is to stand in a courtroom
and never look at that victim.”
“Through
mediation,”
continued Powell, “people begin
to see each other as human
beings.”
The program is expanding
its reach. Harnett County has
approved Prof. Powell’s plan to
work with 16 to 18 yr. old offenders starting this summer. And
that is just the beginning for a
program demonstrating the value
of a fresh approach to difficult
legal, social, and moral problems.
“This is not just a mechanism to clear the court calendar,”
Prof. Powell said. “This is a way
to change lives.”
Ian Bloom is a staff writer
and first year Campbell Law student. He can be reached at
icbloom0718@email.campbell.e
du.
Page 10 - CAMPBELL LAW OBSERVER - April 2008
LAP Column: The Depressed Lawyer, Cont’d
form of depression that lasts at least
two years. Sometimes those who
suffer from this form of depression
always appear to be mildly
depressed; this just seems to be part
of their personality. It is not uncommon for someone with this condition to believe that it is normal to
always feel depressed. Many times
they do not realize that their mood
is anything out of the ordinary. This
illness often goes unnoticed and,
therefore, untreated. “I didn’t realize I was depressed until I was no
longer depressed and had been on
medication and realized I had been
depressed my whole life. I had no
reference point,” says Carol S., an
attorney who suffers from dysthymia. “I always felt like something was wrong, but I didn’t know
what it was.”
Seth Silverman, a psychiatrist with private practices in
Houston and Fort Lauderdale, says
people should seek professional
help for depression when it interferes with their ability to carry out
their responsibilities at work or
home or with their relationships
with friends and family. “If you
don’t like the way you’re feeling,
and it’s not short-term and situational, it’s time to get help.”
Getting Help
The good news it that there
is help, and that with appropriate
treatment the vast majority of those
suffering from depression will feel
better. “You don’t have to feel this
bad,” says Bill Edwards, a psychologist in private practice in Dallas
who runs a therapy group for
depressed attorneys. “When people
are depressed, they sometimes feel
things cannot get better, but this is
simply not the case. There are
effective treatments available.” The
most effective treatments, according to the research, are psychotherapy or a combination of psychotherapy and antidepressant medication.
In North Carolina, psy-
chotherapy, or talk therapy, can be
provided by a licensed clinical
social worker (LCSW), a licensed
marriage and family therapist
(LMFT), a licensed professional
counselor (LPC), or a licensed psychologist. Depressed people tend to
isolate personally and professionally and often don’t discuss their pain
with anyone. When their own sadness or the concerns of a loved one
motivate them to seek help, they
usually find the experience of talking to a therapist profoundly therapeutic.
“Sometimes just the act of
coming in and talking to someone
you can trust in a private setting is
tremendously helpful,” says Susan
Jones Sanders, an LCSW with a private practice in Austin, Texas.
“Often after only one session, people say they feel a lot better.”
Though there are many kinds of
psychotherapy, cognitive behavioral therapy has been shown to be
most effective in the treatment of
depression. Cognitive-behavioral
therapy, also called CBT, is aimed
at helping depressed people change
the negative, self-defeating styles of
thinking that are common on
depression.
Depressed people tend to
over generalize in negative ways
(for example, assuming that losing
one case means all future cases will
be lost). In this situation, a cognitive-behavioral therapist might
work with a depressed attorney to
test the accuracy of this assumption.
Edwards, whose Dallas group for
depressed attorneys takes a cognitive-behavior approach, is involved
in a research study at the University
of Texas Southwestern Medical
School. After less than 20 sessions
of CBT, two-thirds of the study participants, all of whom have been
diagnosed with major depression,
achieve remission, he says.
Depression Medication
If one’s depression is severe
and valuable resource to begin the
process of getting help: The North
Carolina
Lawyer Assistance
Program (LAP). The LAP provides
free and confidential consultation
and referrals to competent therapists and psychiatrists throughout
the state. Lawyers, judges and law
students can speak confidentially
with LAP staff, which includes an
attorney who is a certified
Employee Assistance Professional,
a certified Addiction Specialist and
Clinical Supervisor and a certified
Substance Abuse Counselor. These
resources are for all lawyers in
For example, Edgar Nace, a North Carolina.
Dallas psychiatrist and profession
Contact the confidential
or psychiatry at the University of
Texas Southwestern Medical service of the North Carolina LAP
School, says primary care doctors toll free at 800-720-7257 or 877usually do not see their patients fre- 627-3743.
quently enough to adequately adjust
their medications. Although anti- *This article first appeared in The
depressant medication can be a “sil- Texas Bar Journal and is adapted
ver bullet” for depression, more with its permission and that of the
often than not, people need to try a Texas Lawyer Assistance Program.
number of medications before find- Greg Miller is a licensed marriage
ing the medicine, dosage, or combi- and family therapist as well as a cernation of medicines that helps their tified alcohol and drug counselor
depression and does not come with who works with the Texas Lawyer
side effects that negate the benefits. Assistance Program and also maintains an independent psychotherapy
Although effective help is and intervention consultation pracout there, attorneys often have a tice in Austin, Texas.
hard time availing themselves of it.
The North Carolina Lawyer
Trained to be impersonal and objective, lawyers are often reluctant to Assistance Program is a confidenfocus on their own feelings. tial program of assistance for all
Attorneys tend to be more comfort- North Carolina lawyers which
able in the role of counselor, solving helps lawyers address problems of
the problems of others, than being stress, depression, addiction or
the person seeking help. “Attorneys other problems that may lead to
are very competent people who impairing a lawyer’s ability to prachave been very successful,” says tice. If you are a North Carolina
Edwards. “They’ve made it through lawyer, judge or law student and
college and law school and have a would like more information go to
great deal of personal resources but www.nclap.org or call toll free:
are often caught by surprise when Don Carroll (for Charlotte and
they bump into something like areas West) at 1-800-720-7257,
depression that they can’t just turn Towanda Garner (in the Piedmont
around using their usual strategies.” area) at 1-877-570-0991 or Ed
Ward (for Raleigh and down East)
For those who recognize the at 1-877-627-3743. Don is the
signs of depression in themselves or author of “A Lawyer’s Guide to
in someone else, the State Bar of Healing” published by Hazelden.
North Carolina provides a unique
enough to be debilitating or
involves thoughts of suicide, consulting a psychiatrist is essential.
Psychiatrists, medical doctors who
specialize in mental health disorders, are qualified to provide talk
therapy, though few do, focusing
instead on the prescription and
management
of
medication.
Though primary care physicians
frequently prescribe anti-depressant
medications, psychiatry is a medial
specialty, and many experts believe
depression should be treated by a
specialist.
Wright Case Brings Attention to Legislative Expulsion, Cont’d
gation, or dismiss the complaint. If
the Committee finds the facts are not
sufficient to constitute a violation, the
Committee must dismiss the complaint and give notice to both the person who filed the complaint and to the
person against whom the complaint
was filed.
At the end of the investigation, if the committee deems it appropriate to file charges, the Committee
must give notice to the person who
filed the complaint and to the one
against who the complaint was filed,
allowing him to file a written response
with the Committee.
If the Committee decides to
continue by conducting an investigation into the allegations, all legislators
are required to cooperate to the fullest.
Failure of a legislator to cooperate
with the Committee will result in the
sanctioning of that legislator. If a legislator fails to be forthcoming and
honest with the Committee, the legislator risks termination for violating the
Ethics Act. Violation of this term of
the Ethics Act could lead to censure,
although there is no documented violation of this portion of the act on
record.
Filing Charges and the Hearing
After charges are filed, if the
Committee does not believe that the
case can be disposed of without a
hearing, notice of hearing will be sent
to the complainant and the one being
charged. During the hearing, the
charged legislator and his counsel, as
well as any other active representatives, will have the opportunity to
present evidence and call witnesses,
just as a criminal defendant would.
In the Wright case, after the
Committee presented the representatives with its suggestions for the proper course of action, members of the
House were then given the opportunity to judge the severity of the wrongdoing against Wright. In addition,
Wright’s hearing was open to the public, as is permitted by the statute. By
permitting hearings to be public, the
voters who placed a representative in
office are given the opportunity to be
present for any disciplinary action.
The Committee must be satisfied of the validity of the complaint by
clear and convincing evidence. This
standard is lower than the burden of
reasonable doubt that is required in a
criminal trial. To find one responsible
for wrong-doing under this standard,
the trier of fact must believe that the
evidence shows it to be highly probable that a particular action occurred.
If the Committee finds that the
violation is established by clear and
convincing evidence, the Committee
must do one of the following: issue an
admonishment to the legislator, refer
the matter to the Attorney General or
the District Attorney for prosecution,
or refer the matter to the House for
censure or expulsion, as is appropriate. Here, the Committee recommended to the House that Wright be
expelled, a decision with which the
majority of the representatives ultimately agreed. In addition, even
before the Committee made its decision, the District Attorney had already
begun a criminal investigation into
Wright’s actions.
Even though the Committee
found that Wright had participated in
wrong-doing, he was not automatically subjected to criminal liability. The
Continued on page 11
CAMPBELL LAW OBSERVER - April 2008 - Page 11
Judicial ‘Punting’: The Snyder Case, Cont’d
Batson’s purpose. The Batson Court
provided trial judges with a framework susceptible to easy application
during the speed and stress of voir
dire. Johnson v. California, 545 U.S.
162 (2005). Miller-El, conversely, is
not conveniently applied. It requires
a careful consideration of all relevant
circumstances. Thus, the opinions
are inconsistent.
Three years after Miller-El,
the Court handed down Snyder. At
the time of the crime the defendant,
Allen Snyder, who is an African
American, and his wife, Mary, were
separated. During the separation
period, Mary went on a date with
Howard Wilson. When the pair
returned from the date, Snyder
stabbed them repeatedly with a knife,
killing Wilson and severely injuring
Mary. Snyder was charged with firstdegree murder. The State sought the
death penalty. During jury selection,
the
prosecutors
peremptorily
removed five African Americans.
Snyder was convicted and sentenced
to death by an all white jury.
The Court granted certiorari
in Snyder, appearing to be poised to
resolve the problems created by
Miller-El.
Instead, the Court
reversed Snyder’s conviction and
ignored these important legal issues.
In essence, the Court punted.
This Snyder opinion, and this
punting, is characteristic of a new
philosophy on the Court. As stated
above, Chief Justice Roberts is a
minimalist. Lori A. Ringhand, The
Roberts Court: Year 1, 73 Tenn. L.
Rev. 607 (2006). A minimalist justice will not stray beyond a controversy before the Court, opting
instead to modestly resolve the facts
at hand. Cass R. Sunstein, Testing
Minimalism: A Reply, 104 Mich. L.
Rev. 123 (2005). If Roberts continues to be successful implementing
this minimalism, the law will develop incrementally. In other words,
there will be many opinions, like
Snyder, that decline to reach issues
unnecessary to the resolution of the
present case.
The Chief Justice’s comments at a recent oral argument illustrate minimalism in action. During
the Washington D.C. handgun ban
argument, the amicus curiae proposed the application of intermediate
scrutiny to laws implicating the
Second Amendment. “I wonder,”
Roberts retorted, “why in this case
we have to articulate an all-encompassing standard. Isn't it enough to
determine the scope of the existing
right that the amendment refers to,
look at the various regulations that
were available at the time[,] and
determine how ... this restriction ...
looks in relation[?]” Transcript of
Record at 44, District of Columbia v.
Heller, No. 07-290 (2008).
While admirably modest, this
position admittedly suffers from
obvious flaws. For instance, the
minimalist approach to resolving
cases offers little to the trial judge
grappling with complex controversies. Similarly, it denies guidance to
state and federal legislatures when
crafting laws of constitutional
import. In fact, such uncertainty will
actually necessitate further litigation.
Moreover, Roberts’s minimalism is
too deferential to precedent because
it rejects broad, activist opinions and
therefore demands a slow limitation
of wrongly-decided cases.
However, despite these shortcomings, Roberts’s minimalism
should be celebrated for numerous
compelling reasons. The foremost is
that minimalists eschew judicial
activism. The pejorative “activist” is
applied to those jurists who draft
overly broad, often policy-driven
opinions. Activist opinions are undesirable because their implementation
of policy is undemocratic and therefore usurps the legislature’s authority. Policy decisions are best left to
the legislature because it, unlike the
judiciary, has the time and resources
to develop rules that will be suitable
in a wide range of contexts. Judicial
activism, on the other hand, is unde-
mocratic and unconsidered outside of
a narrowly defined controversy.
Thus, it is less likely to be a
prudent solution for the people.
Conversely, Roberts’s interpretive
approach seeks to decide controversies on the narrowest of grounds,
therefore avoiding the pitfalls of
activism.
Such restraint, as in Snyder,
has the further result of leaving
important matters undecided. This is
a good thing. When issues are
unconstitutionalized, there is room
for politically-considered solutions.
As a result, the people’s participation
in our democracy, what Justice
Breyer calls “active liberty”, is promoted. Thus, minimalism is nourishment for a healthy democracy. See
generally Stephen Breyer, Active
Liberty: Interpreting our Democratic
Constitution (2005).
Moreover, the Chief Justice’s
minimalism is heavily restrained by
precedent, which has two desirable
results: first, it provides constitutional stability; and second, it avoids pretextual interpretations. A central tenant of minimalism is the strict adherence to precedent through the deliberate and narrow application of case
law. This focus on the narrow application of precedent injects predictability and stability into the law
because it restrains the wholesale
reversal of stare decisis in favor of a
more cautious chiseling away at
undesirable cases.
Minimalism’s dependence
upon precedent furthermore inhibits
jurists’ ability to use interpretive
models as a pretext to implement ideology. Other interpretive measures,
such as original meaning, are easily
manipulated because they are not
dependent upon stare decisis. For
instance, a disliked case is easily
overruled in the name of original
meaning, while a favored opinion is
effortlessly reaffirmed as consistent
with cherry-picked original meaning.
Minimalism, on the other hand, gin-
gerly and slowly applies precedent.
Thus, even if a piece of precedent
was used in a pretextual manner, its
use, unlike original meaning, can
have a limited impact only.
The Snyder opinion exemplifies both of these arguments. Every
problem created in Miller-El could
have been resolved by Snyder in one
fell swoop. Instead, the Court decided only those matters that were necessary, that is, the case sub judice.
To be sure, this timidity is
frustrating on its face. But closer
examination reveals that such modesty is actually ideal. The Snyder
Court declined to craft a widesweeping, nonpolitical rule, opting
instead to modestly restrain its examination to precedent. Thus, it facilitated stability, predictability, and provided an opportunity for political
action by avoiding further constitutionalizing of jury selection.
There is no doubt that Chief
Justice Roberts is committed to this
restraint. And there is also no doubt
that we should consider ourselves
lucky. Perhaps it is Roberts himself
who said it best: “Judges and justices
are servants of the law, not the other
way around. Judges are like umpires.
Umpires don't make the rules; they
apply them ... but it is a limited role.
Nobody ever went to a ball game to
see the umpire. Judges have to have
the humility to recognize that they
operate within a system of precedent.” Confirmation Hearing on the
Nomination of John G. Roberts, Jr. to
be Chief Justice of the United States:
Hearing Before the S. Judiciary
Comm., 109th Cong. 55 (2005)
(statement of John G. Roberts, Jr.).
Matthew Quinn is a contributing writer and second year
Campbell Law student. Mr. Quinn
is also the incoming Editor-inChief of the Campbell Law
Review. He can be reached at
mdquinn1230@email.campbell.edu.
Second year student Clint Byrd
contributed to this article.
Wright Case Brings Attention to Legislative Expulsion, Cont’d
criminal trial must be kept a separate
entity from the ethics hearing. Indeed,
Wright’s criminal trial began shortly
after the House made the decision to
expel him.
The Vote
Ultimately, the fate of the representative under investigation is in
the hands of his fellow House members. Since the House has the inherent
authority to discipline its own members, if the Committee refers the matter to the House, it then becomes the
job of the representatives to determine
the legislator’s fate. A representative is
permitted to submit a resolution with a
suggested sanction or disposition;
whether that be censure or expulsion.
The House members then vote on the
resolution.
The Aftermath
Interestingly, after a vote of
removal, an expelled representative
can still run in the next election, allowing the voters to decide if the representative is worthy of serving their district. If, however, as in the Wright
case, a legislator is convicted of a
felony, he will then be ineligible to
have his name on the ballot.
Should the representative be
convicted of criminal charges while
serving as a member of General
Assembly, and the conviction is based
on activities conducted during the
member’s service, another consequence is that all retirement benefits
are to be forfeited and remitted to the
Civil Penalty and Forfeiture Fund.
Importance of the Removal Process
Based on North Carolina historical records, the House has only
disciplined or expelled members 21
times since documentation began in
1757. According to the Research
Division of the General Assembly,
only two of these incidents have
occurred within the past century.
However, North Carolina has
been much more active in using expulsion than the U.S. House of
Representatives. According to the
CRS Report for Congress, the House
of Representatives has only exercised
its right to expulsion five times, with
three of those falling during the Civil
War. The most recent member to be
expelled from the U.S. House was
Rep. James A. Traficant, Jr. (D-Ohio),
who was federally convicted of
receiving gifts and money in return for
using his official position to the benefit of his donors.
It is nearly impossible to
know whether the sporadic use of the
power to discipline is due to the lack
of wrongdoing among our representatives or more due to the lack of getting
caught. Yet, it does seem that the legislative process of discipline is precisely structured and dynamic to our
lawmakers. Therefore, it does seem
logical that this statute acts as a huge
deterrent to unethical behavior among
members of the General Assembly.
It is vitally important to the
citizens of North Carolina that all representatives take these sanctioning
guidelines seriously. It is not often
that a representative is expelled for
criminal wrong-doing, but when a legislator is convicted of participating in
criminal activity, the House of
Representatives does not take the duty
of punishment lightly. As is apparent
in the case of Thomas Wright, the representatives currently serving in the
House are certainly not hesitant to
exercise their legislative power in disciplining one of their own.
Rachel Purvis is a staff writer
and a second year Campbell Law student.
She can be reached at
rjpurvis0805@email.campbell.edu.
ROSE RAND
ATTORNEYS, P.A.
IS PLEASED TO ANNOUNCE THE ASSOCIATION OF
ALLISON POPE COOPER
JOHN E. CARGILL Of Counsel
WILLIAM R. RAND, Retired
WILLIAM A. LUCAS (1881-1967)
OLIVER G. RAND (1895-1967)
NAOMI E. MORRIS (1921-1986)
Z. HARDY ROSE (1918-1999)
LOUIS B. MEYER, JR. (1933-1999)
Mrs. Cooper is a 2005 graduate of the Norman Adrian Wiggins School of Law
at Campbell University and she earned her B.A. degree (magna cum laude) from
Virginia Polytechnic Institute and State University.
JAMES P. CAULEY, III
PAUL N. BLAKE, III
T. SLADE RAND, JR.
JEFFREY P. GRAY
SUSAN K. ELLIS
J. BRIAN PRIDGEN
JASON R. PAGE
ALLISON P. COOPER
NON-PROFIT ORG.
U.S. POSTAGE
PAID
BUIES CREEK, NC 27506
PERMIT NO. 2
2500-C WEST NASH STREET WILSON, NC 252.291.3848
333 FAYETTEVILLE STREET RALEIGH, NC 919.832.4040
CAMPBELL LAW OBSERVER
NORMAN ADRIAN WIGGINS SCHOOL OF LAW
P.O. Box 40 Buies Creek, NC 27506
NORMAN ADRIAN WIGGINS SCHOOL OF LAW
CAMPBELL UNIVERSITY, BUIES CREEK, NORTH CAROLINA
VOLUME 29, NUMBER 3
CAMPBELL LAW OBSERVER
April 2008