Column: Greetings from Ellie Kinnaird

Dear Friends,
I am a member of the Joint Legislative Oversight Committee on Justice and Public Safety. This week, we heard a report on a new judicial department program to help those who receive a traffic ticket avoid a court appearance (and lawyer’s fee) by paying the fine and court costs by credit card. Between March and December 2011, 167,473 total citation payments were made by credit card—330 per day. This saved not only the public, but 7,600 of courthouse staff hours.
In addition, in three pilot counties, court papers can be filed electronically and court notices and information can be retrieved online 24 hours a day.
While this seems logical and efficient, there are a couple of bumps in the way. First, while the fine and court costs are fixed, credit card companies charge a fee that can’t be taken out of the fine and court costs. So either the state has to eat the fees through an appropriation—which add up to a large amount—or the credit card companies have to allow a transaction surcharge. MasterCard and American Express allow the state a government discount, but VISA will not. (Now only the Revenue Department will take payment by VISA card.) The state also has not installed the machines in the court house for direct credit card payment at the site. The legislature could investigate that at a later time.
But a bigger concern is that under the present system a person can go to court and get a deferred prosecution if they attend driving school. But when a fine and court costs are paid by credit card, that opportunity is not available. In addition, the infraction is on the person’s record for insurance purposes. And under our appropriations system, those monies collected do not go to the courts to offset the costs to the court system but to the general fund.
Another report was presented to the committee by Legal Aid of North Carolina and the two independent legal service offices. The average person served by these entities has an annual income of $12,000 (contrast that with the 1 percent who may make $12,000 an hour.) Legal Aid clients are working families, children, the elderly, and 75 percent are women. In addition to attorneys, paralegals and support staff, thousands of lawyers throughout the state provide pro bono work for clients, including several legislator-lawyers. Legal Aid provides free legal services for low-income people facing the loss of a home, family livelihood and personal safely. They do not handle personal injury, medical malpractice or criminal matters. Legal Aid has suffered big cuts in the last few budgets, even as the need has increased during the recession.

Two years ago, a bill was introduced to regulate and curtail the offenses of puppy mills. The bill passed the Senate but did not pass the House because special interest groups lobbied to kill the bill, e.g. the Pork Council was concerned because such humane treatment requirements might be applied to their industry. Last week a bull dog puppy mill was discovered and hundreds of dogs in terrible condition were rescued from deplorable surroundings. These businesses go on throughout the state, as are revealed by news items. Time to pass the bill.
I also attended the circus with my granddaughter and was upset to see magnificent tigers, elephants and horses forced to perform tricks such as standing and walking on their hind legs and laying down in formations on command. Some years ago, Orange County banned circuses with animals, and, after seeing these animals forced to perform unnatural activities, foreign from their natural habitat, I understand why.

I have written in the past about Person Industries that serves the disabled. PI operates the recycling for Person County, employing many Person Industries people and helping the environment. PI has now have added another environmental measure: LED lighting and motion sensors to activate lights in rooms used infrequently. They are indeed leaders in the community.

On Feb. 20 at 11 a.m., a Town Hall Meeting will be held in the Legislative auditorium, titled “Bring Our War Dollars Home/Restore Our Communities." It will connect the huge amount spent (more than $1 trillion for Iraq and Afghanistan) on wars while our schools, mental health and other needs are not being met at home. Congressmen Walter Jones, David Price and Brad Miller will speak along with Matthew Hoh, the State Department officer to Afghanistan and former Marine who resigned in protest over our policy in Afghanistan. The public is invited.

An interesting observation from Rapper Ja Rule, serving time in prison, commenting on his fellow inmates, former N. Y. State Comptroller and Tyco International CEO, “Outside, you don’t meet guys like this every day.”
Ellie

Perdue appoints Judge Leon Stanback as Interim Durham DA

Gov. Bev Perdue on Wednesday, Feb. 1, appointed retired Superior Court Judge A. Leon Stanback to serve as interim District Attorney for Durham County.
“Judge Stanback has served North Carolina and the Durham community with distinction as a prosecutor, parole commissioner and Superior Court judge,” Gov. Perdue said. “He is the ideal person to bring strong leadership to the district attorney’s office at this challenging time.”
Judge Stanback served as a Superior Court judge for the 14th judicial district beginning in 1989 until his retirement in 2009. His distinguished legal career includes his private law practice and his service both as a member of the North Carolina Parole Commission and as an assistant district attorney in Guilford County.

Column: Greeting from Sen. Kinnaird

Dear Friends,
Last week I attended a news conference of the coalition of Partners Against Human Trafficking on the National Day of Human Trafficking Awareness. The campaign runs through Feb. 1, the date the 13th Amendment ending slavery was passed. Information may be found by writing to pathnc@mindspring.com. In addition to bringing to the public’s attention the devastating human trafficking business, they recognized people who have worked to stop this unspeakable activity. The recognition included a young Asheville high school girl who is raising money for a shelter for trafficked teens, the Salvation Army and local groups throughout the state that are providing shelter for rescued victims. Legal Aid provides legal help to keep the victims from being deported back to the country that trafficked them to the U.S.
Human trafficking is the largest criminal enterprise after drug trafficking. In fact, many of the major drug traffickers also deal in human trafficking. This horrific activity that occurs throughout the world, including the United States, preys on young girls and some boys who are then subjected to rape and sexual abuse. North Carolina has both sex and labor trafficking, where Interstate 95/40 is a major route. The press conference emphasized that this is modern-day slavery. Part of the awareness campaign is to stop the buying of the victims, asking, “who is the buyer?”
I was the author of both the criminal statutes on trafficking and services to provide shelter, sustenance and legal protection to victims.


I serve on the Joint Legislative Oversight Commission on Crime Control and Public Safety. One of the recurring questions is how to measure workload to determine pay for our court personnel: clerks, judges, district attorneys, etc. Studies on those groups have been done in the past, and this year the Judicial Department Workload Formulas were brought before the committee by the Administrative Office of the Courts to determine Superior Court workload to pay. The report, requested by the General Assembly, looked at workload indicators from the past and a 2007 collaboration with the National Center for State Courts. To determine a formula that is data driven, the report focuses on the most common work performed.
The questions are whether some counties and districts have more judges than they need while others are severely shorthanded. (Of course, this will stop the practice of legislators getting extra judges for their district to satisfy constituents.) Judges will be asked to keep track of their tasks and the time spent on each task for a month. In addition, there is a weighting system as not all cases use the same amount of time to complete. The cases range from traffic, to DWI all the way to sex crimes and first-degree murder. They have assigned the time in minutes, e.g. traffic cases at four to six minutes all the way to 10,172 minutes for first-degree murder.
Using this formula, the budget should have (but didn’t) included the addition of 354 assistant and deputy clerks, 69 additional district court judges, 100 district attorneys and 47.5 victim witness/legal assistants. This study of our court system shows the legislature takes the use of tax-payer money into consideration on a continuing basis.

I am relieved we have left Iraq and now hope we will leave Afghanistan as soon as possible (though not 2014.) The shocking allegations against four Marines that emerged this last week remind me of Rep. Barbara Lee’s (D- CA) statement explaining her vote against the Afghanistan war, “Let us not become the evil that we deplore."
A general, while in no way condoning the acts of the Marines, pointed out that it is a difficult situation when young men are taught to kill, to keep parameters on war-time actions. On this weekend honoring Martin Luther King Jr., we remember that the Rev. King was excoriated for opposing the Vietnam War, but, as the case with so much of his vision, he was proved right. His words inspire us today. “A nation that continues year after year to spend more on military defense than on social uplift is approaching spiritual death.”
Let us affirm our beliefs in spiritual uplift.
Ellie