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THE NORTH CAROLINA STATE BAR JOURNAL A SPECIAL ISSUE DEDICATED TO ACCESS TO JUSTICE Introductory Remarks from the Chief Justice page 10 Safe Child Immigrant Project page 14 Access to Justice for North Carolina’s Veterans page 18 Providing Pro Bono Services in Rural North Carolina page 29 FALL 2015

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THE NORTH CAROLINA STATE BAR

JOURNAL

A SPECIAL ISSUE DEDICATED TO ACCESS TO JUSTICE

Introductory Remarks from the Chief Justice page 10Safe Child Immigrant Project page 14

Access to Justice for North Carolina’s Veterans page 18Providing Pro Bono Services in Rural North Carolina page 29

FALL

2015

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Update Membership Information: Members who need to update their membershipinformation must do so by contacting the Membership Department via one of the fourfollowing methods: (1) log on to the Member Access section of the State Bar’s website(www.ncbar.gov); (2) mail changes to: NC State Bar, Membership Dept., PO Box 26088,Raleigh, NC 27611-5908; (3) call (919) 828-4620; or (4) send an e-mail to [email protected]. In deciding what address to list with the State Bar, be advised that thisaddress will be used for all official correspondence from the State Bar and that mem-bership information is a public record pursuant to the NC Public Records Act.

THENORTH CAROLINA

STATE BAR

JOURNALFall 2015

Volume 20, Number 3

EditorJennifer R. Duncan

Publications CommitteeDorothy Bernholz, Chair

Nancy Black Norelli, Vice-ChairJohn A. BowmanW. Edward Bunch

Harry B. CrowMargaret H. Dickson

Rebecca Eggers-GryderForrest A. Ferrell

John GehringJames W. HallAnna Hamrick

Darrin D. JordanSonya C. McGraw

Robert MontgomeryHarold (Butch) Pope

G. Gray WilsonAlan D. Woodlief Jr.

© Copyright 2015 by the North Carolina State Bar. Allrights reserved. Periodicals postage paid at Raleigh, NC,and additional offices. Opinions expressed by contributorsare not necessarily those of the North Carolina State Bar.POSTMASTER: Send address changes to the NorthCarolina State Bar, PO Box 25908, Raleigh, NC 27611.The North Carolina Bar Journal invites the submission ofunsolicited, original articles, essays, and book reviews.Submissions may be made by mail or e-mail ([email protected]) to the editor. Publishing and editorial decisionsare based on the Publications Committee’s and the editor’sjudgment of the quality of the writing, the timeliness ofthe article, and the potential interest to the readers of theJournal. The Journal reserves the right to edit all manu-scripts. The North Carolina State Bar Journal (ISSN10928626) is published four times per year in March,June, September, and December under the direction andsupervision of the council of the North Carolina State Bar,PO Box 25908, Raleigh, NC 27611. Member rate of$6.00 per year is included in dues. Nonmember rates$10.78 per year. Single copies $3.21. The Lawyer’sHandbook $10.78. Advertising rates available uponrequest. Direct inquiries to Director of Communications,the North Carolina State Bar, PO Box 25908, Raleigh,North Carolina 27611, tel. (919) 828-4620.

www.ncbar.gov

F E A T U R E S

10 North Carolina State Bar Journal Equal Access to Justice Edition: Introductory RemarksBy Chief Justice Mark D. Martin

12 Professionalism: Rule 6.1, Voluntary Pro Bono ServiceBy Melvin F. Wright Jr.

14 Safe Child Immigrant ProjectBy William P. Farthing Jr.

18 Access to Justice for North Carolina’s Veterans, Service Members, and Their FamiliesBy Charlotte Stewart and Kirk Warner

23 The NCAOC’s Standards for Language Access Services SystemBy Brooke Bogue Crozier

26 Pursuing Justice for North Carolina Consumers: Three Success StoriesBy Karen Fisher Moskowitz, Sharon Dove, and Carlene McNulty

29 Providing Pro Bono Services in Rural North CarolinaBy M. Ann Anderson

3THE NORTH CAROLINA STATE BAR JOURNAL

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D E P A R T M E N T S

5 President’s Message

6 State Bar Outlook

32 Profile in Specialization

33 The Disciplinary Department

34 Lawyer Assistance Program

36 Legal Ethics

38 Paralegal Certification

40 IOLTA Update

42 Rule Amendments

47 Proposed Ethics Opinions

B A R U P D A T E S

39 In Memoriam

52 Distinguished Service Awards

53 Silverstein Nominated as

Vice-President

54 Law School Briefs

56 Client Security Fund

57 Selected Financial Data

OfficersRonald L. Gibson, Charlotte - President 2014-2015Margaret M. Hunt, Brevard - President-Elect 2014-2015Mark W. Merritt, Charlotte - Vice-President 2014-2015L. Thomas Lunsford II, Raleigh - Secretary-TreasurerRonald G. Baker Sr., Kitty Hawk - Past-President 2014-2015

CouncilorsBy Judicial District1: C. Everett Thompson, Elizabeth City2: G. Thomas Davis Jr., Swan Quarter3A: Charles R. Hardee, Greenville3B: Debra L. Massie, Beaufort4: Robert W. Detwiler, Jacksonville5: Harold L. Pollock, Burgaw6: W. Rob Lewis II, Ahoskie7: Randall B. Pridgen, Rocky Mount8: C. Branson Vickory III, Goldsboro9: Paul J. Stainback, Henderson9A: Alan S. Hicks, Roxboro10: Heidi C. Bloom, Raleigh

Nicholas J. Dombalis II, RaleighTheodore C. Edwards II, RaleighJohn N. (Nick) Fountain, RaleighDonna R. Rascoe, RaleighJohn M. Silverstein, RaleighC. Colon Willoughby Jr., RaleighCynthia L. Wittmer, Raleigh

11A: Donald E. Harrop Jr., Dunn11B: Marcia H. Armstrong, Smithfield12: Lonnie M. Player Jr., Fayetteville13: Harold G. Pope, Whiteville14: John A. Bowman, Durham

William S. Mills, Durham15A: Charles E. Davis, Mebane15B: Dorothy Bernholz, Chapel Hill16A: William R. Purcell II, Laurinburg16B: David F. Branch Jr., Lumberton16C: Richard Buckner, Rockingham17A: Matthew W. Smith, Eden17B: Thomas W. Anderson, Pilot Mountain18: Barbara R. Christy, Greensboro

Robert C. Cone, Greensboro18H: Richard S. Towers, High Point19A: James D. Foster, Concord19B: W. Edward Bunch, Asheboro19C: Darrin D. Jordan, Salisbury19D: Richard Costanza, Southern Pines20A: H. Earl Singletary Jr., Albemarle20B: Harry B. Crow Jr., Monroe21: Michael L Robinson, Winston-Salem

G. Gray Wilson, Winston-Salem22: Kimberly S. Taylor, Taylorsville22B: Roger S. Tripp, Lexington23: John S. Willardson, Wilkesboro24: Rebecca Eggers-Gryder, Boone25: Forrest A. Ferrell, Hickory

26: Robert J. Bernhardt, CharlotteRobert C. Bowers, CharlotteA. Todd Brown, CharlotteMark Henriques, CharlotteF. Fincher Jarrell, CharlotteDewitt McCarley, CharlotteNancy Black Norelli, Charlotte

27A: Sonya Campbell McGraw, Gastonia27B: Ralph W. Meekins, Lincolnton28: Howard L. Gum, Asheville29A: Marvin R. Sparrow, Rutherfordton29B: Christopher S. Stepp, Hendersonville30: Gerald R. Collins Jr., Murphy

Public MembersMargaret H. Dickson, FayettevillePaul L. Fulton, Winston-SalemJames W. Hall, Ahoskie

StaffShannon Azzi, ReceptionistCarmen H. Bannon, Deputy CounselTim Batchelor, InvestigatorKelly Beck, Compliance Coordinator, Membership/CLEJoy C. Belk, Asst. Dir. Paralegal CertificationKrista Bennett, Fee Dispute Facilitator, ACAPMichael D. Blan, Systems Analyst/ProgrammerPeter Bolac, District Bar Liaison/Trust Account ComplianceCounselElizabeth E. Bolton, ReceptionistLori Brooks, Admin. Asst., Office of CounselDelia M. Brown, Administrative Asst., LAPMaria J. Brown, Deputy CounselKrista E. Carlson, InvestigatorBecky B. Carroll, ParalegalJoseph D. Cerone, Office ManagerAlyssa M. Chen, Deputy CounselMargaret Cloutier, Senior Deputy CounselJoseph J. Commisso, Director of InvestigationsE. Martin Coolidge, Jr., InvestigatorSusannah B. Cox, Deputy CounselLuella C. Crane, Director of ACAPJennifer R. Duncan, Director of CommunicationsA. Root Edmonson, Deputy CounselJustin Edmonson, Administrative AssistantNicole Ellington, Eastern Clinical Coordinator, LAPJulie A. Ferrer, CLE ClerkMartha Fletcher, Payroll and Benefits AdministratorTowanda Garner, Piedmont Clinical Coordinator, LAPLanice Heidbrink, Exec. Asst., AdministrationJeffery Hill, Computer Systems AdministratorLeanor Hodge, Deputy CounselDebra P. Holland, Asst. Director, CLEMary L. Irvine, Access to Justice CoordinatorTammy Jackson, Membership Director

Katherine Jean, Counsel and Assistant Executive Dir.David R. Johnson, Deputy CounselSharon Kelly, Events ManagerBarbara Kerr, ArchivistCathy D. Killian, Clinical Director and Western ClinicalCoordinator, LAPMelanie Kincaid, ParalegalSuzanne Lever, Asst. Ethics CounselL. Thomas Lunsford II, Executive DirectorAdam Maner, Professional Organization CoordinatorBeth McIntire, IT ManagerBeth McLamb, Payment Coordinator, MembershipNichole P. McLaughlin, Asst. Ethics CounselBarry S. McNeill, Deputy CounselDiane Melching, Admin. Asst., ACAPDottie K. Miani, Deputy Clerk of DHC/Asst. Facilities ManagerClaire U. Mills, Accounts Manager, IOLTAAlice Neece Mine, Asst. Executive Dir., Dir. of CLE,Specialization, & Paralegal CertificationRobynn E. Moraites, LAP DirectorGeorge Muench, InvestigatorDenise Mullen, Asst. Director of SpecializationPat Murphy, Deputy CounselLoriann Nicolicchia, Accreditation Coordinator, CLEEmily Oakes, Attendance/Compliance Coordinator, CLEBrian Oten, Deputy CounselLisanne Palacios, Accounting ManagerAnne M. Parkin, Field AuditorHeather Pattle, Administrator, Office of CounselC. Fred Patton Jr., InvestigatorWondella Payne, ParalegalAaliyah Pierce, Acct. Data Asst., IOLTA; ComplianceCoordinator, Paralegal CertificationAngel Pitts, Mail/Copy/Accounting ClerkJennifer Porter, Deputy Counsel Evelyn Pursley, Executive Dir., IOLTASonja B. Puryear, Admin. Asst., InvestigationsJoan Renken, Admin. Asst., Office of CounselRandall C. Ross, InvestigatorWhit Ruark, InvestigatorSandra L. Saxton, Public Liaison, ACAPFern Gunn Simeon, Deputy CounselJaya Singh, Accounting Asst.Jennifer Slattery, ParalegalE. Michael Smith Jr., InvestigatorSusie Taylor, Admin. Asst./Special Projects Manager, LAPJudith Treadwell, Public Liaison, ACAPKristina M. Troskey, ParalegalWayne C. Truax, InvestigatorJoshua T. Walthall, Deputy CounselA. Dawn Whaley, Admin. Asst., InvestigationsEdward R. White, InvestigatorBrittany A. Wilson, ParalegalMary D. Winstead, Deputy CounselChristiane Woods, Admin Asst., Investigations

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There are three principle groups workingto increase private attorney participation inthis worthy effort: the State Bar’s StandingCommittee on Legal Assistance to MilitaryPersonnel (LAMP), the North CarolinaVeterans Pro Bono Network (VPBN), andthe North Carolina Bar Association’sMilitary and Veterans Affairs Committee(MVAC). LAMP’s activities primarily focuson the legal needs of active duty personnel,whereas the VPBN is primarily (though notentirely) concerned with veterans. MVAC

was designed from the beginning to encom-pass both. Together, these groups comprise aformidable network of attorneys and advo-cates making a difference for our militaryand veteran population.

The State Bar’s Standing Committeeon Legal Assistance to MilitaryPersonnel (LAMP)

LAMP is a standing committee of theNC State Bar, formed to support militarylegal assistance attorneys assigned within

North Carolina who are typically unfamiliarwith state law practice.2 LAMP connectsthese professionals rendering services toactive duty personnel and their families withexperienced North Carolina practitionerswho can provide advice.

Currently chaired by Lonnie Player ofFayetteville, LAMP meets quarterly to shareinformation about legal issues facing militarypersonnel. Members report on developmentsin legislation and case law affecting membersof the military, particularly in the areas ofemployment law, family law, and consumerprotection. Reports by Mike Archer, legalassistance director at Camp Lejeune, oftenfeature high-profile takedowns of entitiesengaged in predatory lending and other con-sumer fraud perpetrated against service

Access to Justice for NorthCarolina’s Veterans, ServiceMembers, and Their Families

B Y C H A R L O T T E S T E W A R T A N D K I R K W A R N E R

In the past few years, there have been exciting developments in serv-

ing the legal needs of North Carolina’s veterans. With the third-

highest population of active-duty military in the nation, as well as

almost 800,000 veterans in the state,1 North Carolina’s legal com-

munity must be equipped to address the needs of this specific client population. While

nonprofit legal aid providers such as Legal Services of Southern Piedmont, Pisgah Legal

Services, and Legal Aid of North Carolina have expanded legal services available to veterans

in recent years, engaging private attorneys in pro bono and public service work is critical to

ensuring that no veteran’s legal needs go unmet in North Carolina.

FALL 201518

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members and their families. Mark Sullivan ofSullivan & Tanner, PA, provides in-depthupdates on legal developments that impactmilitary families in matters such as pensiondivision, child custody, and civil procedure.The Legal Assistance Office chiefs and repre-sentatives from the major military com-mands located in the state provide criticalinput to the LAMP committee.

For years, LAMP has put on an annualCLE to train attorneys in various aspects ofNorth Carolina law affecting active duty per-sonnel and their families. This trainingmakes expanded representation in state courtpossible by JAGs and other military legalassistance personnel who would otherwisehave inadequate familiarity with state prac-tice. In 2015, LAMP partnered with MVACto put on this training in partnership withthe North Carolina Bar Association. AnNCBA Foundation Endowment Grantenabled active and retired military personnelto receive this training at no cost.

LAMP publications such as “Take-1”handouts and co-counsel briefs provideinvaluable guidance for attorneys and thepublic. These are available at nclamp.gov.

The NC Veterans Pro Bono Network

In 2012, representatives from theNational Legal Aid & Defender Association3

and the National Veterans Legal ServicesProgram4 approached stakeholders in NorthCarolina to develop a collaborative model of

A CHAMPION IS MORE THAN A VICTOR — a champion is an advocate and a defender.FIND YOUR PLACE AS A CHAMPION AT LIBERTY UNIVERSITY SCHOOL OF LAW.

“Liberty teaches law from a distinctively Christian worldview, which is very different from other law schools. I was looking for a school that taught natural law and recognized where the law

comes from as well as how it affects us today as attorneys.”

— Mark Trammell ’12 Legal Director, Liberty Center for Law and Policy

Mark uses his education to advocate for religious liberty, protect the sanctity of life, and preserve the biblical view of marriage.

[email protected] | (434) 592-5300 | Liberty.edu/Christian-Law-School

19THE NORTH CAROLINA STATE BAR JOURNAL

By Kate Helin, Class of 2015, Wake Forest University School of Law

In the fall of 2015, third-year law students will be enrolled in the Wake ForestVeterans Legal Clinic. This first-ever class of student clinicians is the culmination of astudent-led effort to create a Veterans Legal Clinic. In the fall of 2013, a group of stu-dents noted the limited legal services available to active-duty service members, reservists,and veterans. The students proposed a business plan for establishing a permanentVeterans Legal Clinic. In the spring of 2015, as part of the Community Law and BusinessClinic, students began offering legal services to veterans throughout North Carolina. TheVeterans Legal Clinic provides the following services:

• discharge upgrades,• employment assistance under the Uniformed Servicemembers Employment andReemployment Rights Act,• resolution of landlord and tenant issues,• combating of predatory lending practices, and • expungements. These services are all provided at no cost to the veteran.

Access to Justice Partners: Wake Forest University School of Law’sVeterans Legal Clinic

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addressing the unmet legal needs of veterans.The result is the North Carolina Veterans ProBono Network, a joint effort of the NCBAand NC Equal Access to JusticeCommission.

In fall 2014 these organizations hired theVPBN’s first coordinator, Charlotte Stewartof Chapel Hill, to initiate pilot projects andestablish VPBN presence statewide.Network initiatives center on two mainstrategies: increasing the involvement ofprivate attorneys and law students in probono projects serving veterans, and imple-menting solutions that utilize existingresources to meet specific needs in NorthCarolina communities.

One of the first projects of the VPBN wasthe development of an online clearinghouseof veterans-related information, with specificNorth Carolina legal information andresources for both veterans and practitioners,made possible through a grant from theAmerican Bar Association. The websitencvetslegal.org serves as an important com-munication hub and as a portal for recruit-ment and placement of pro bono attorneyswho want to serve veterans.

Central to the VPBN’s founding was theneed to address a backlog of claims for VAdisability and compensation. Continuedinvolvement with LAMP and MVAC hasenabled the network to engage additional

stakeholders critical to realizing this goal,including the NC Division of VeteransAffairs, the Winston-Salem VA RegionalOffice, and the North Carolina VFW.Ultimately, the coordinator will work tomatch pro bono attorneys5 with individualsseeking legal help, and to track case progressand outcomes.

Another early goal of the VPBN is toensure that legal services are available in someform at every Stand Down6 event in thestate.7 Local Stand Down steering committeesare ideal initial stakeholders to approach whenseeking to serve veterans in a specific commu-nity. To date, access to civil legal services atStand Downs has been provided by staff attor-neys from legal services providers, members ofthe NC VetsCorps,8 and students from lawschool clinics and pro bono projects.

The North Carolina Bar Association’sMilitary and Veterans AffairsCommittee (MVAC)

Chaired by Kirk Warner of SmithAnderson in Raleigh, and currently in itsthird year of operation, MVAC was foundedto serve as the coordinating body for allNCBA activities impacting the military andveterans. It is a nexus for initiatives address-ing employment, housing, consumer, finan-cial, family law, and other needs, with thegreatest focus being on legal issues. Successrequires a willingness to share ideas andresources with groups in North Carolina,and to learn from groups in other states. Todate, Mr. Warner has represented MVAC atthe National Association of Bar Executivesand at a multi-state symposium hosted bythe Georgia State Bar. MVAC also meetsquarterly, scheduled in tandem with LAMPto facilitate collaboration.

Despite being relatively new, the NCBAMVAC is ahead of the curve in trying outnew ideas in a variety of areas.Subcommittees work to support the hiringof veterans within the legal field, conductoutreach to housing authorities with thepower to give preference to HUD-VASHvoucher holders, advocate for the expansionof Veterans Treatment Courts, and developpro bono in the area of family law and disabil-ity appeals. One of MVAC’s proudestaccomplishments was a CLE program inFebruary 2015 to increase the number of VAaccredited attorneys in North Carolina andto educate the legal profession about PTSDin combat veterans.

Access to Justice Partners: NC LEAF Helps Lawyers Pursue Careers in Public Service

North Carolina Legal Education Assistance Foundation (NC LEAF) provides loan repay-ment assistance for eligible attorneys in public service, including attorneys that work for non-profit providers of civil legal aid. Ryan Stage, staff attorney at Safe Alliance in Charlotte whograduated from Charlotte School of Law in 2012, shares his story.

My first day of law school I had no idea what type of law I wanted to practice. I wasinterested in the law and I wanted to help people. It was my second semester of my 1Lyear when someone from United Family Services—now Safe Alliance—came to speakon campus about volunteering for their agency and assisting victims of domestic vio-lence. As the semester was drawing to a close, I shadowed the supervising attorney incourt. It was not a specific case that particularly resonated so strongly with me, but thetotal experience of that day that I will never forget.

I met with the attorney outside of the courtroom and we spoke to her client. She wasnervous and so grateful we were there to help—not just to represent her in attemptingto get a protective order from her ex-boyfriend, but to just be there. To listen to her. Tojust sit with her. She had been through a lot, and walking through those courtroom doorsI realized she was not alone. The courtroom on the 4th floor of the Mecklenburg CountyCourthouse that deals primarily with domestic violence on this day was full. It was likethis most days, I was told. I sat there and listened to victim after victim tell their storiesto the judge. I did not realize what some of these victims had to live through every day.After court I went back to the attorney’s office so we could talk about the court session.Walking through the lobby of her office, I saw more victims, and they had looks on theirfaces I could not forget.

I decided that summer after my 1L year I was going to volunteer at United FamilyServices with anything they needed. When I received my legal practice certification, Istarted to represent victims of domestic violence under the supervision of the licensedattorney in the office. I was offered a job out of law school with a private family lawfirm in Charlotte where I worked my 3L year, and worked there for over a year. InFebruary the staff attorney position became open at Safe Alliance. I applied and wasoffered the position. I quit my job in private practice and have been in the nonprofitworld since February. I have never had a job in my life that has been as fulfilling as whatI do every day. I would not change anything about it. The money is not what I used tomake. Not even close. But just being there for someone and helping them through sucha difficult time in their life is important to me. That is the reason I am committed topublic interest law.

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Key InitiativesCooperation among members of LAMP,

MVAC, and the VPBN has given rise to sev-eral initiatives that are changing the way thelegal profession serves North Carolina’s mili-tary and veteran population. These includeregular legal clinics at VA Medical Centers,the NCBA Family Law Section’s pro bonoproject for low-income veterans, and specialcourt projects inspired by VeteransTreatment Courts.

Legal Clinics at VA Medical CentersMonthly legal clinics at VA Medical

Centers, staffed by legal aid providers andfacilitated by Veterans Justice Outreach spe-cialists,9 are one of the most collaborativeprojects of the VPBN. Since September2013, Legal Aid of North Carolina and LegalServices of Southern Piedmont have staffed amonthly civil legal services clinic at theHefner VA Medical Center in Salisbury. Inspring of 2014, attorneys from Legal Aid ofNorth Carolina’s Durham office recruitedand trained law students to address re-entryand income-maintenance needs of homelessveterans at the Durham VA Medical Center.In spring 2015 the VPBN piloted a wills andadvanced directives clinic in conjunctionwith the monthly clinic in Salisbury toaddress the expressed needs of elderly anddisabled veterans; due to technological andother limitations, this project will be furtherdeveloped off-premises.

Though they operate on different modelsand focus on different areas of the law, thesuccess of these initiatives demonstrates theviability of community-based volunteer legalservices at the local bar level, as well as thevalue of working with the VA health systemto reach our most vulnerable veterans.

Serving Those Who Served NCBA President Shelby Benton of

Goldsboro is a member of the LAMPCommittee and was a member of the NCVeterans Pro Bono Network when it identi-fied family law as a critical services gap forlow-income veterans. She worked with theNCBA’s Family Law Section to develop“Serving Those Who Served,” the section’ssignature pro bono project that matches pri-vate attorney volunteers with low incomeveterans and service members with familylaw issues. The project is managed by Ms.Stewart of the VPBN, and officiallylaunched during Pro Bono Week in October

2014. Assistance ranges from brief adviceand phone consults, to ongoing representa-tion. To date, over 40 individuals havereceived some form of assistance in matterssuch as custody, child support, divorce, andadoption.

Notably, the project has assisted severalwounded warriors whose military servicecontributed to their family struggles. Oneclient is a veteran escaping domestic violencewhile trying to protect her child. The adverseparty attempted to use her service-connecteddisability status against her in court proceed-ings. Another client is a veteran who receiveda default judgment while in residential treat-ment for PTSD and consequently struggledto find employment so that he can meet hischild support obligations. Another is a deco-rated combat veteran whose ex-spouse usedhis service-connected PTSD to deny himunsupervised visitation with his daughter.

Phase two of the project, set to launchduring Pro Bono Week 2015, will incorpo-rate law student participation and mentor-ship that will hopefully serve as a model forother NCBA sections wishing to serve veter-ans with needs in other areas of the law. Ifyou would like to partner with law studentsto serve veterans’ family law needs, [email protected] for more information.

Veterans Treatment CourtsNC's first Veterans Treatment Court

(VTC) began in 2013 in Harnett County; ayear later, the Cumberland County VTCopened just as Harnett was graduating itsfirst participants. The Buncombe CountyVTC opened in Spring 2015, and more areon the way. While neither MVAC nor theVPBN are involved in decision-making orfunding of the VTCs, these groups have pro-vided technical assistance on an informalbasis to court personnel as well as to commu-nities wishing to establish innovative projectsserving the criminal legal needs of veterans,service members, and their families.

VTCs are usually organized by a localsteering committee before being formallyestablished via funding from the Governor'sCrime Commission. These courts are wel-come entities providing structure and peersupport for veterans with serious offensesrelated to untreated substance use and men-tal health issues. Despite their limited scope,these courts have planted a seed allowing foradditional innovative efforts in communitieswith large military and veteran populations.

Chief among these efforts are special courtsessions designed by members of the VPBNin cooperation with local court officials andother stakeholders to meet the needs of vet-erans in specific communities through inno-vative and cost-effective court practices.

One such project was “Veterans AmnestyDay,” piloted in New Hanover County onMay 8, 2015, in tandem with the localannual Stand Down event. At this specialsession of district court, veterans, servicemembers, and spouses with outstandingwarrants, traffic tickets, or missed-courtfines for nonviolent misdemeanors couldhave these matters dealt with without fear ofarrest, confinement, or debilitating fines. Injust two hours on a Friday afternoon, 60

21THE NORTH CAROLINA STATE BAR JOURNAL

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individuals were able to dispose of about100 matters10 from the five-county areacovered by the 5th and 13th JudicialDistricts11 (New Hanover and PenderCounties, and Bladen, Brunswick, andColumbus Counties, respectively).

Critical to the success of this event was aspecial commission from the NCAOC thatallowed charges from other counties to bedisposed of in the New Hanover Countylocation, with judges, prosecutors, anddefense attorneys from both districts onhand. Most importantly, clerks from all fivecounties were present with at least some levelof remote access to court records as needed.The project will likely be replicated in otherjudicial districts later in 2015. It should benoted that in areas with limited access totechnology, the full potential of cross-districtdispositions will remain unfulfilled.

Call to ActionIn summer 2015 the VPBN worked with

MVAC and LAMP to build a strong volun-teer infrastructure to better serve individualswith matters that are beyond the scope ofwhat nonprofit legal services and NCBA pro

bono projects can pro-vide. Through theMVAC’s DisabilitySubcommittee, thenetwork has been ableto engage NorthCarolina attorneyswho are accredited tohandle claims beforethe VA in taking onpro bono cases, some-times in other areas ofthe law. Additionally,MVAC and LAMPattorneys have helpedthe VPBN establishrelationships withorganizations servingveterans at the countyand state level with aview to coordinatingefforts among localattorneys to providepro bono service to vet-erans in their owncommunities. If youare interested in assist-ing these efforts, signup at ncbar.org/giv-i n g / v o l u n t e e r -

now/veterans-pro-bono-network. ContactCharlotte Stewart at [email protected] withquestions. n

Charlotte Stewart is the assistant director ofpublic service and pro bono activities at theNorth Carolina Bar Association. She coordi-nates all activities of the North CarolinaVeterans Pro Bono Network, a coalition ofstakeholders serving veterans’ legal needsstatewide.

Kirk Warner is a partner at Smith Andersonin Raleigh. In 2013 Warner retired from theUnited States Army after 33 years of militaryservice including as the deputy legal counsel tothe chair of the joint chiefs of staff at thePentagon. Warner is a member of the NorthCarolina Equal Access to Justice Commission.

Endnotes1. ncdps.gov/NewsReleases/2015/sotsmilitaryfact.pdf.

2. nclamp.gov.

3. nlada100years.org.

4. nvlsp.org.

5. Information about volunteer opportunities is availableat ncvetslegal.org/volunteer.

6. A Stand Down is a one-stop service fair for homelessveterans, offering a range of services including dental,

housing counseling, and health screenings, as well asclothing and a hot meal. nchv.org/index.php/service/service/stand_down.

7. Information about upcoming Stand Down events isavailable at ncvetslegal.org/calendar.

8. mdcinc.org/projects/nc-vetscorps.

9. va.gov/homeless/vjo.asp.

10. starnewsonline.com/article/20150508/ARTICLES/150509760.

11. wwaytv3.com/2015/05/04/first-veterans-amnesty-day-announced-in-north-carolina.

www.parkerpoe.com www.duke-energy.com

Parker Poe and Duke Energy are proud to partner with the

Access for Justice Pro Bono Partners Program to provide

legal services to the underserved. Through this program,

Parker Poe and Duke Energy have handled over 125 criminal

expunction cases that open opportunities for housing and

employment to North Carolina residents. Recently, this work

was recognized by receipt of the Mecklenburg County Bar’s

Outstanding Collaborative Project Pro Bono Award.

PARTNERS IN INVESTING IN THE SUCCESS AND GROWTH OF OUR COMMUNITIES

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FALL 201522

As part of our professional respon-sibility, Rule 6.1 encourages lawyers togive time and money to provide legalservices to those unable to pay.

Join us in celebrating National ProBono Week, October 25-31, 2015. TheNational Pro Bono Celebration focusesthe nation’s attention on increasedneed for pro bono services, and cele-brates the outstanding work of lawyerswho volunteer their services through-out the year.

During Pro Bono Week, NorthCarolina legal aid programs, bar associ-ations, law firms, law schools, and oth-ers will celebrate pro bono by recogniz-ing volunteers, offering training, pro-viding pro bono legal services at clinics,hosting events to raise money for legalaid, and raising awareness of the needfor pro bono. For more informationabout events in your area, visitprobono.net/celebrateprobono/events.

There is only one legal aid attorneyfor every 13,170 low-income people inNorth Carolina. There is one privateattorney for every 562 NorthCarolinians. In 2014, lawyers acrossNorth Carolina gave more than18,000 hours to help legal aid pro-grams provide critical assistance tolow-income North Carolinians strug-gling with civil legal problems rangingfrom domestic violence to foreclosure.The total value of the pro bono volun-teer contributions exceeded $3.6 mil-lion in 2014. Thank you for your com-mitment to providing pro bono toensure access to justice for those inneed!

Celebrate Pro Bono: October 25-31, 2015