State v. Morgan and Findings of Good Cause for a Hearing after Expiration

Under State v. Morgan, a case recently decided by the Supreme Court of North Carolina, a trial judge can’t act on a probation case after it has expired unless he or she makes a finding that there is “good cause shown and stated” to do so. In the short run, you’ll need to modify the forms to do it. In general, a trial court has jurisdiction to act on a probation case “at any time prior to the expiration or termination of the probation period.” G.S. 15A-1344(d). By act, I mean do all the various things that happen in probation cases—extend, modify, impose CRV, revoke, etc. But sometimes the court needs to act on a probation case after it has already expired—like when a person has allegedly violated near the end of his or her probation period, or when a probationer absconds or is otherwise unavailable until after the probation period has already ended. In those circumstances, the court has limited power to act on the case, but only as provided in G.S. 15A-1344(f). Under that law, for the court to act on a case after probation has expired, all of the following must apply: The State must file a violation report with the clerk before the case expires; The court must find that the probationer violated one or more conditions of probation prior to the expiration of probation; and The court must find for good cause shown and stated that the probation should be extended, modified, or revoked. We know [...]