One of the things I do as Defender Educator is design CLEs for public defenders and private assigned counsel. In an effort to plan top-notch programs, I meet from time to time with trainers who do similar work around the country. They are the big dogs (BDs) of indigent defense education. I also like to call in seasoned trial lawyers (STLs) from around North Carolina to talk about what they are observing in court, so I get a sense of what areas of law and practice are ripe for training. A certain conversation recurs at these BD/STL meetings. It pertains to probable cause hearings and goes like this: ********************************* Alyson: Do we need to offer training on any other topic we’re not currently addressing? BDs: You’re not doing anything on preliminary hearings. STLs: That’s because they’re not happening. We’re not getting probable cause hearings in most districts of North Carolina. BDs: (Incredulous) Don’t your statutes provide for them? STLs: Well, yes. BDs: What’s wrong with you? Why aren’t you demanding what your client is entitled to by law? STLs: There are some practical reasons. In some places prosecutors will give you a bond reduction if you waive PC. Also the sooner you get the case in Superior Court the sooner you get open file discovery. Mostly though, it’s the culture—it’s just not done in my district. BDs: What a crazy state. Great barbecue and basketball though. ********************************* Our statutes clearly contemplate that probable cause hearings will take place in the preliminary [...]
Faculty Coordinators
