News Roundup

Published for NC Criminal Law on September 27, 2013.

This week, the State Auditor released an audit of the Administrative Office of the Courts. It’s available here. One finding was that the AOC “does not make detailed . . . DWI case data readily available to the public . . . although AOC [was] asked to do so by . . . the legislature in 2006. Consequently, there is a lack of transparency and accountability for DWI case decisions.” For example, the report notes that the AOC does not regularly release data showing the types of dispositions of DWI cases broken down by county, judge, prosecutor, and defense attorney, even though G.S. 7A-346.3, enacted in 2006, appears to require the AOC to provide that information. (The audit also notes that S.L. 2006-253 makes G.S. 7A-346.3 effective “after the next rewrite of the superior court clerks system by the Administrative Office of the Courts,” an event which apparently has not yet taken place.) The AOC response, contained in the audit, agrees that the “complete data listed in the statute is not yet fully reported,” states that the AOC is working towards making more data available, and notes that it has had its technology funding significantly reduced in recent years, slowing the overhaul of the courts’ computer systems. The audit also contains other interesting DWI-related material, like a listing of counties with the highest dismissal rate (Mecklenburg’s rate apparently is the highest, at 47%), and a discussion of whether better internal controls could help detect fraudulent dismissals like those in Johnston County [...]