Legal Issues in Incompetency and Adult Guardianship Proceedings in light of COVID-19

This webinar focuses on challenges confronting Clerks of Superior Court and Guardian ad Litem Attorneys in Incompetency and Adult Guardianship Cases during the ongoing COVID-19 pandemic. Meredith Smith, Timothy Heinle, and Johnston County Clerk of Superior Court Michelle Ball review Chief Justice Beasley’s various directives, the emergency provisions of Chapter 35A, questions surrounding remote proceedings, and possible alternatives for GALs having difficulty meeting with their client or attending hearings.

NOTE: This program was recorded on April 15, 2020. Subsequently, on May 1, 2020, Chief Justice Beasley issued a new Order which makes clear that the consent of all parties is not necessary for a judicial official to hold a hearing remotely. Specifically, Emergency Directive 3 states in part “Judicial officials throughout the state are hereby authorized to conduct proceedings that include remote audio and video transmissions, notwithstanding any other provision of law. Judicial officials who conduct a proceeding that includes remote audio and video transmissions pursuant to this directive must safeguard the constitutional rights of those persons involved in the proceeding and preserve the integrity of the judicial process. To this end: a. While consent of the parties is not required to conduct a proceeding that includes remote audio and video transmissions, a party may, for good cause, object to the use of remote audio and video transmissions."

This program covers a number of issues related to Chapter 35A and Guardian ad Litem work during the public health crisis beyond the issue of consent to remote proceedings. The portion of the program that does focus on consent to remote proceedings may still be relevant to practitioners and clerks, however, as parties can choose to object to a remote proceeding, as Chief Justice Beasley’s Order indicates. That still raises the question of who has standing to object and whether it is the Guardian ad Litem or the Respondent in a Chapter 35A action who has that ability.

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