No quick fix: The school turnaround myth

Five years ago, Facebook founder Mark Zuckerberg, rising Democratic star and Newark mayor Cory Booker and aspiring presidential contender and New Jersey governor Chris Christie appeared together on the Oprah Winfrey show for a surprise announcement: “We’re setting up a $100 million challenge grant so that Mayor Booker and Governor Christie can have the flexibility they need to turn Newark into a symbol of educational excellence for the whole nation,” Zuckerberg told viewers.

Read More
NineBar CreativeSchools, All
Death penalty secrecy bill headed to governor's desk

Secret and swift. That’s what executions in North Carolina would become under a bill headed to the governor’s desk for signature. Despite recent examples of botched prosecutions here that sent innocent men to death row – Henry McCollum comes to mind – and botched executions elsewhere in the country, state lawmakers this morning adopted H774, which eliminates obstacles that have kept the state from carrying out the death penalty since 2006.

Read More
Appointments power hanging in the balance at the state Supreme Court

State lawmakers and governors past and present squared off at the Supreme Court yesterday over who’s empowered to make commission appointments – particularly, in this instance, to the recently created Coal Ash Commission, Oil & Gas Commission and Mining Commission. The dispute between the branches of government came to a head last fall after legislators created the commissions and authorized the House speaker and Senate president to appoint most of the members on each.

Read More
For voting rights, a blockbuster summer ahead

Just as the U.S. Supreme Court wraps up its term with decisions in several high-profile cases expected in late June, state and federal courts here will be gearing up for what promises to be a long hot summer for voting rights – with more to follow. Several constitutional challenges to the sweeping voting law changes enacted in 2013 head to trial starting in July and the state Supreme Court rehears the redistricting case in August.

Read More
Begging for a pardon: Why some of the wrongfully convicted could go penniless

The 1983 rape and murder of 11-year-old Sabrina Buie rocked the small North Carolina town of Red Springs and led quickly to the arrest of two area men – Henry McCollum and Leon Brown. From there the two brothers, whose IQs once measured in the 50s, withstood a trial and then four years later, retrials. They spent thirty-one years behind bars — McCollum, on death row — while attorneys pursued allegations of prosecutorial misconduct and pushed for renewed examination of evidence.
 

Read More
Down one judge and deserving another

The federal courts in eastern North Carolina have been operating under a state of judicial emergency for years now, though you wouldn’t know it given the lack of a sense of urgency exhibited by the state’s United States senators. Down a judge since December 2005, the courts in this largely rural part of the state have managed one of the heavier district caseloads in the country — relying in large part on help from three senior judges: James C. Fox, age 86; W. Earl Britt, age 83; and Malcolm Howard, age 75.

Read More
Public Money for private schools: Supreme Court considers the constitutionality of vouchers

State Supreme Court justices refused to let a surprise snowstorm force yet another rescheduling of arguments in the private school voucher case, opening the courtroom on time Tuesday morning to a less-than-full gallery. Determined to resolve challenges to the state’s recently enacted “Opportunity Scholarship Program” long before the next school year begins, the high court took the case directly in October to review Superior Court Judge Robert H. Hobgood’s August decision declaring the program unconstitutional and fast-tracked it for argument this month.

Read More
NineBar CreativeSchools, All
Death to the Map Act

Michael Hendrix had a contract to sell eight of his 24 acres of land at Old Hollow and Germanton Roads in Winston-Salem for morethan a million dollars in early 1998. But because the state Department of Transportation had identified that land as lying in the path of a proposed beltway project running east to west just north of the city, the deal died.

Read More
Wrong place, wrong time, wrong conviction

After 36 years behind bars, man seeks exoneration. Joseph Sledge may just have been in the wrong place at the wrong time. And for that he’s spent half of his life behind bars. Broke and unemployed in 1973, the Georgia native and Army veteran stole a few boxes of clothes from a department store and landed in a Bladen County prison. While working on a highway litter crew one day in 1976, he got into a fight with another inmate who was then punished with a stint at another prison. When that inmate returned, Sledge – a slight man of 147 pounds – feared for his life and ran.

Read More
Battle over hog farm pollution escalates as groups accuse state of environmental racism

For years now, complaints about the stench and pollution seeping from the state’s factory hog farms have lingered. In the courts and in the press, residents living with the mess and their advocates have traded barbs with industry and local leaders about failed oversight and influence in the legislature. But now environmental groups have stepped in and, in a precedent-setting complaint filed last week with the Environmental Protection Agency, allege that the state’s lax regulation of hog waste disposal discriminates against communities of color in eastern North Carolina.

Read More
NineBar CreativeAll, Social Justice
Eugenics: A flawed process follows a a shameful program

Here’s what happens when a state admits a wrong but then takes years to get to reparations. Records go missing. Memories fade. People die. And the opportunity to provide at least some recompense is lost. That sad truth is unfolding now as North Carolina finally moves towards fulfilling long-promised redress to some of the thousands unwillingly sterilized here under the state’s sanctioned eugenics program.

Read More
Delays piling on over Bonner Bridge dispute heads back to courts

The fate of the state’s proposed Bonner Bridge project remains hanging in the balance after the 4th U.S. Circuit Court of Appeals yesterday sent a challenge by conservation groups back to a lower court for further review. In Defenders of Wildlife v. NCDOT, the judges unanimously ruled that the lower court failed to consider requirements relating to the protection of wildlife refuge land — here, the Pea Island National Wildlife Refuge on Hatteras Island, through which the battered NC-12 runs – when determining if the project complied federal law.

Read More
All white and overwhelmingly male: Latest departure leaves NC federal courts among least diverse in the nation

All white and overwhelmingly male- Latest departure leaves NC federal courts among least diverse in the nation. It’s been more than 3,000 days since U.S. District Judge Malcolm Howard announced that he would be stepping down from his position on the federal court in eastern North Carolina. At roughly the same time, the then-freshman senator from North Carolina, Richard Burr, stood lecturing his colleagues on the senate floor about their blocking of votes for nominees to the federal bench.

Read More
Voting gets its day in court

Sweeping voting changes rushed into law by state lawmakers last summer will face a critical test next week when a federal judge in Winston-Salem considers constitutional challenges to their viability. On Monday morning, U.S. District Judge Thomas D. Schroeder, appointed to the court by then-President George W. Bush in 2008, will consider evidence and arguments in hearings expected to last at least a week. At issue will be House Bill 589, dubbed the “monster voting bill” by voting rights advocates and uniformly called one of the most restrictive election laws in the nation.

Read More
Three-judge court: An idea whose time has passed

Tucked away near the end of the 250-page Senate budget, in between the section slashing funds for legal services and the section forecasting cuts to state cultural resources, lies a proposal which would change the rules of the game in which state lawmakers now find themselves deeply entrenched: defending their laws from constitutional challenges. From voting rights to school vouchers to issues of local rule, the members of the General Assembly are fending off claims in at least a dozen lawsuits that laws enacted during the long session violate state and federal constitutions.

Read More
Time to clean up the criminal code?

Steven Pruner learned the hard way that in North Carolina, selling a hot dog can get you jail time. Imagine his surprise when, in 2011, the vendor was charged and later convicted for operating his cart without a license near Duke University Medical Center – an offense which got him 45 days in the custody of the Durham County sheriff (a sentence later suspended to probation). Steve Cooksey almost suffered a similar fate when, after fighting his own diabetes and sharing insights into his recovery on his blog, he learned that his advice to readers constituted the unlicensed practice of dietetics, a misdemeanor offense under catchall provisions of the administrative code.

Read More
Ignorance of the law is no excuse - unless you're a police officer

It started with a flickering brake light on Nicholas Heien’s Ford Escort. He was asleep in the back seat while Maynor Javier Vasquez drove the car along Interstate 77 in Surry County during the early morning hours in April 2009, when Officer Matt Darisse of the Surry County Sheriff’s Department flipped on his blue lights to stop the car. The officer told Vasquez he had pulled the Escort over for a non-functioning brake light.

Read More