Monthly Archives: June 2017

Closing the loop on legal aid, not in a good way

The budget finally adopted by North Carolina’s General Assembly entirely eliminates funding for the State’s legal aid agencies ($1.7 million).

Until now, that amount had been generated by taking $1.50 from every court fee and distributing it to Legal Aid of North Carolina, Legal Services of Southern Piedmont and Pisgah Legal Services, which provide legal services to poor people in North Carolina.

The point has been made here that as many as a third of North Carolina citizens qualify for legal aid. Sixty percent of Legal Aid of North Carolina’s clients earn less than $15,000 a year.

Those people, like the rest of us, must have access to the legal system, even if they can’t afford it, where

  • They are victims of domestic violence
  • They don’t get child support
  • They need to create guardianships for their grandchildren
  • They get ripped off by scammers of the elderly
  • They get fouled up applying for legislated benefits, including veterans benefits

and in a great range of other cases.

This is not a partisan issue.

21st Century society is complex. It cannot move without legal process. Everyone must use the system. And everybody needs access to legal services when they do.

Legal aid helps people get a hearing. It does not engage in politics. It does not pursue social change. And it does not target interest groups.

We all need the legal system to work at a minimal level for everybody who’s involved with it. Otherwise, over time bigger problems will develop.

For the General Assembly to stop a small portion of court fees from going to fund legal aid is bad for everyone, not just poor people.

The legislature made a mistake.

 

L’arachide edgecombais

They come from Edgecombe County. You can roast them yourself in 5 minutes. In the microwave. And they will extend your life.

All these years, we’ve been dancing around tobacco. (Edgecombe grows the best of that.) And trying to get excited about sweet potatoes. (Healthy, no doubt, and good, actually.)

But suppose Edgecombe also grows the best of something else – something that tastes great, fights cancer, heart disease, stroke, and diabetes, and also has a certain jaunty cachet? Suppose that, if you eat them, you will live longer?

There are new studies — from around the world — and they agree.  THE EDGECOMBE COUNTY PEANUT. It will make you live longer.

High-powered, legitimate studies. There are more than 20 of them. And they say that, if you eat peanuts you will live longer.

Now, there’s no specific finding that Edgecombe County peanuts in particular are healthier than peanuts from other places, but that just seems likely.

Higher nut intake is associated with reduced risk of cardiovascular disease, total cancer and all-cause mortality, and mortality from respiratory disease, diabetes, and infections.

Consumption of just 1 ounce of nuts (tree nuts or peanuts) a day correlates to a 29 percent decreased risk of heart disease and a 15 percent lower risk of cancer. Moreover, compared to people who ate little or no nuts, those eating an ounce a day had 22 percent lower all-cause mortality rates, with the biggest drops seen for deaths from infectious diseases, respiratory illnesses, and diabetes.

MidLaw counsels that you roast your own.

Get you some raw shelled peanuts. You can find them readily on the Internet. There appears to be no Edgecombe-specific peanut source in the market just now but ask for them anyway.

MidLaw has developed this method:

  • Wet your raw shelled peanuts and drain then salt them. (The water will bind the salt to the peanuts.)
  • Place salted nuts in a shallow, microwave-safe dish. MidLaw’s preference is to arrange the peanuts to a shallow depth (one or two, maybe three, peanuts deep).
  • Microwave on high for about three minutes. Then mix up the peanuts; stir them around.
  • Run the microwave for another two or three minutes.
  • Let the nuts sit (they are still cooking) and cool.
  • Test to see if they are crunchy enough. (You know what to do.) You may need to experiment with your particular microwave oven.
  • Be patient.
  • Do what you have to do to get the peanuts crunchy to your taste without parching or burning. Remember that they will continue to get crunchier for a while after the microwave turns off.

These are going to taste way better than any jar-packed or cellophane-wrapped peanuts you ever had.

As you eat your home-roasted, life-lengthening, Edgecombe peanuts, you may wish to reflect that peanuts are not actually nuts. No, technically peanuts are legumes. They are classified with nuts because of their shared nutritional (and physical) qualities. But peanuts are legumes (like chickpeas), and unlike nuts, they also contain resveratrol, a phytochemical that is found also in grapes and red wine.

In fact, if you eat an ounce of peanuts a day, you can probably give up wine altogether. That is not required, however – because you are not nuts.

 

Columbian Peanut Company, Tarboro

 

Landmark court opinion defining rights of enslaved people arose in Edgecombe County

In 1834, on a plantation in Edgecombe County, a slave named Will refused to share a hoe he had made with his own hands, an act of defiance that got him shot in the back by his white overseer. As he lay wounded, Will reached up and fatally slashed his attacker on the hip and the arm, earning himself a trip to the gallows.

Josh Shaffer, The News & Observer, June 8, 2017

The upshot was a landmark decision of the North Carolina Supreme Court that was a major step forward in the ongoing definition of the status and rights of enslaved people.

Will was sentenced to death in the Edgecombe County Superior Court, Judge Donnell presiding, but plantation owner James S. Battle became convinced that Will had acted in self-defense and so he hired Bartholomew F. Moore to represent Will on appeal. In an opinion written by Justice William Gaston, the Supreme Court reversed Will’s conviction — holding that, if a free man was entitled to the defense of self-defense or to a lesser charge of manslaughter, then the same analysis should apply to an enslaved person. This was a step forward. It moved away from Justice Thomas Ruffin‘s earlier opinion in State v. Mann, in which Ruffin seated his reasoning on the nature of slavery, while Justice Gaston, four years later, focused on Will’s humanity, not his legal status as property.

Will’s case is recognized as a landmark. And so, on June 10, 2017, a historical marker is erected where his case began, at 275 New Hope Church Road in Battleboro, North Carolina.

NC legislature proposes to eliminate access to civil justice funds — troubling

Word has come that the North Carolina House of Representatives’ Appropriations Committee has proposed a provision for the 2017 Budget entitled “Eliminate Access to Civil Justice Funds.” It would eliminate approximately $1.7 million in combined funding for Legal Aid of North Carolina, Legal Services of Southern Piedmont, and Pisgah Legal Services. Eliminating Access to Civil Justice Funds would cause drastic reductions in legal aid agencies’ services to those most in need, undermining equal access to justice for North Carolina citizens.

Take this provision together with the President’s proposed federal budget, which eliminates funding for the Legal Services Corporation, and access to the justice system will be cut off for a large number of North Carolina’s neediest people.

This includes access to legal services in cases of domestic violence, for disabled persons, for veterans, and in so many other cases.

Some issues in everyone’s lives, important issues, can only be resolved with access to the justice system. People who cannot afford legal assistance and seek to represent themselves, clog the courts. When important issues are not resolved, people are diverted from productive pursuits.

We already have a problem because so many cannot afford access to the system.

Reductions from current funding levels will make things worse.

A note of concern about pending proposals to cut funding for major NC legal institutions

MidLaw has learned with concern that the General Assembly is considering cutting the North Carolina State Bar’s revenues to a fraction of their current level and also reducing the appropriation for the UNC Law School dramatically.

MidLaw believes these proposals would be harmful, not only to two key legal institutions but, in the long run, also to the administration of justice in North Carolina and to our economy generally.

If North Carolina is to succeed in national and global economic competition – which is what we must do to create jobs here – then North Carolina’s businesses and its justice system must be served by well-prepared lawyers operating in an effective system. Commerce will not come right if our justice system is not up to par.

The legal profession and broader legal industry are currently undergoing dramatic changes. These include the rise of national and global law firms, competition from Internet and off-shore services providers, and disruptive new technologies. Potentially all of these may be good things, but North Carolina must keep up no matter how things go. We must provide a credible local justice system to support a growing economy. This requires well-trained lawyers, a highly functioning oversight agency, and well-resourced courts and processes.

Proposals to cut State Bar revenues and take funds away from the Law School risk long-term damage to our ability to compete and build North Carolina’s economy.