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Law in the Time of Corona: People, Places, Protests and Police (Administrative Law and Government & Public Sector Sections Joint CLE)

8:55        Welcome and Introductions

9:00        People, Police and Protests

Mark H. Newbold, City of Charlotte Mecklenberg Police Department, Charlotte

Listen to an early-morning overview of the constitutional, statutory and regulatory law dealing with protests on the street or in public meetings, as well as permissible and effective government responses, including curfews, permits, and exclusion or removal from meetings.

10:00      Break

10:10      People, Pandemics and Privacy

Jill D. Moore, UNC School of Government, Chapel Hill

Hear a midmorning overview of privacy law during a pandemic, including the privacy of individuals versus the need for limited disclosures to protect public health and balancing and enforcing privacy rights.

10:55      Break

11:05      Pandemics, Panic and Public Health

Norma R. Houston, UNC School of Government, Chapel Hill
William M. Polk, North Carolina Department of Public Safety, Durham

This session is an elevenses overview of the state and local governments' legal authority, constraints and enforcement in a pandemic. What authority is given to state and local health directors; the governor; local government leaders and governing boards/councils; the council of state; administrative agencies, boards and commissions; and law enforcement? What can be done if those with authority refuse to exercise it or exercise it improperly?

12:05      Lunch Break

12:35      Public Participation in the People's Business

Anna Baird Choi, Nichols Choi & Lee PLLC, Raleigh
Jeffrey P. Gray, Bailey & Dixon LLP, Raleigh
S. Mujeeb Shah-Khan, City of Monroe, Monroe

Receive an early-afternoon overview of the public meetings law during this state of emergency. How have law and practice changed regarding conducting, attending and participating in public meetings? What are the practicalities, challenges, pitfalls and successes with telework, technology and social media and complying with the laws?

1:50        Break

2:00        People, Places and Public Access

J. Mark Payne, Guilford County Attorney, Greensboro
Victoria E. Sheppard-Anderson, Guilford County Sheriff's Office, Greensboro

Listen to a midafternoon overview of the law regarding public access to public property and buildings, the employees working in them, and to evacuated or otherwise restricted geographic areas. In or out of a state of emergency, when and where can the general public, protestors and self-designated "First Amendment Auditors" go or be barred from going? What are the limits to the public's access to government property, including government buildings or leased space, while still meeting constitutional obligations?

3:00        Break

3:10        Police, Public Records, Privacy and the People's Right to Know

Tawanda Foster Artis, North Carolina General Assembly, Raleigh
Jonathan D. Jones, Elon University, Durham

Hear a late-afternoon overview of the law regarding law enforcement records, including body-camera footage, police officer employment records, recent legislation that could have shielded autopsy records and much more.

4:10        Adjourn

Thank you

Thank you for joining us for Law in the Time of Corona: People, Places, Protests and Police (Administrative Law and Government & Public Sector Sections Joint CLE)!

Description

The year 2020 has seen government, public sector and administrative lawyers at the epicenter of adapting and improvising to re-establish stability in unstable times. Attorneys' knowledge, experience, creativity, and flexibility have been tested in response to the pandemic, protests and other crises.

This CLE is Current Events 101! Or, evolving law.

Contributors

  • Tawanda Foster Artis

    Tawanda Foster Artis is the General Counsel and Vice-President of Legal Affairs & Human Resources for the North Carolina Community College System in Raleigh.

    With nearly 20 years in state government legal roles, Tawanda has been a senior staff attorney at the North Carolina General Assembly, drafting legislation and advising lawmakers. She served as Chief Editor for the guidebook, "Summaries of Substantive Ratified Legislation." She has also been appellate counsel at the NC Administrative Office of the Courts, an assistant attorney general, and an assistant district attorney.

    Before law school, Tawanda worked in corporate human resources. Passionate about community service, she volunteers with child literacy programs, hunger relief charities, and has served on several boards, including "A Place at the Table" in Raleigh. Recognized for her contributions, she received the Statewide Citizen Lawyer Award in 2020 and the Wake County Bar Association's President's Award in 2022. Tawanda enjoys traveling, live music, volunteering, and family time.

    Tawanda earned her B.A. in Interpersonal and Organizational Communications from the University of North Carolina at Chapel Hill and her J.D. from the University of North Carolina School of Law.

    Click here for more information about Tawanda.

  • Anna Baird Choi

    Anna Baird Choi is a Partner at Hedrick Gardner Kincheloe Garofalo LLP in Raleigh. Her practice areas include civil litigation and administrative law.

    Anna has served as counsel to the N.C. Licensing Board for General Contractors for over two decades. She advises the General Contractor's Board and eight other occupational/professional licensing boards, advising on all matters including licensing, minimum qualifications, rulemaking, disciplinary actions, and personnel issues. Additionally, she represents individuals and businesses before other N.C. licensing boards and agencies, including real estate brokers, plumbers, psychologists, licensed professional counselors, pharmacists, retail pharmacies, and licensed child care facilities.

    Anna is the former Chair for the Administrative Law Section of the NC Bar Association and remains involved in many aspects of administrative/regulatory law. Her consistent excellent performance has earned her an AV® rating from Martindale-Hubbell® and recognition by Best Lawyers in America® and North Carolina Super Lawyers® in Administrative Law, as well as named a NC Lawyers Weekly 2020 Leader in the Law.

    Anna earned her B.A. in Economics and Political Science from the University of North Carolina at Chapel Hill and her J.D. from Campbell University School of Law.

    Anna has also assumed leadership positions with the Junior League of Raleigh stretching back to 1994 and serves as State Regent for the Daughters of the American Revolution.

    Click here for more information about Anna.

  • Jeffrey P. Gray

    Jeffrey P. Gray is of counsel with Bailey & Dixon LLP in Raleigh. A trial lawyer with experience in a wide variety of civil and regulatory litigation, he has represented individuals and business entities as both plaintiffs and defendants. In addition to his trial practice, he has argued dozens of cases before the North Carolina Court of Appeals and Supreme Court. His practice is currently focused on government regulatory matters.

    In addition to representing licensees before the multitude of occupational and professional licensing boards in North Carolina, he personally serves as legal counsel to the North Carolina Private Protective Services Board, the North Carolina Alarm Systems Licensing Board and the North Carolina Board of Landscape Architects and as hearing counsel to the North Carolina Board of Funeral Services and the North Carolina Veterinary Medical Board. Jeff previously served as legal counsel to the North Carolina Board of Barber Examiners (2007-2011), the North Carolina Auctioneers Licensing Board (1994-2008), and has served as hearing counsel or legal advisor for six (6) other boards. He also serves as legislative agent and lobbyist for numerous professional and trade groups and associations.

    Prior to entering private practice, Jeff served as Special Assistant to the Attorney General, then as an Assistant Attorney General and Law Enforcement Liaison in the Criminal Division of the North Carolina Department of Justice. He served five two-year terms as a Commissioner on the North Carolina Rules Review Commission between 2001 and 2011.

    Jeff is the author of published articles in the Campbell Law Observer; the Campbell Law Review; the North Carolina State Bar Journal; the Supreme Court Historical Society's Juridicus; numerous North Carolina Bar Association newsletters; Popular Government; various law enforcement and trade journals; and numerous publications for distribution by the Department of Justice to local and state government agencies.

    Jeff earned his B.S., cum laude, from Western Carolina University and his J.D. from Campbell University School of Law.

    Click here for more information about Jeff.

  • Norma R. Houston

    Norma R. Houston joined the School of Government in 2006. She specializes in a number of areas of local government law including emergency management, procurement, and ethics. Prior to joining the SOG, Houston served as chief of staff and general counsel to State Senate President Pro Tempore Marc Basnight. She has also worked for UNC President Erskine Bowles and served as Dare County attorney, assistant attorney general in the NC Department of Justice, and staff attorney for NC Prisoners Legal Services. She is a member of the North Carolina State Bar and serves on the boards of several organizations.

    Houston has been an adjunct faculty member at the UNC-Chapel Hill School of Law and taught state government in the School's graduate program in public administration. She was named Albert and Gladys Hall Coates Term Lecturer for Teaching Excellence for 2015-2017.

    Houston earned a BS in criminal justice and psychology and a JD from the University of North Carolina at Chapel Hill.

    Click here for more information about Norma.

  • Judge Tenisha S. Jacobs

    Judge Tenisha S. Jacobs is an Administrative Law Judge with the North Carolina Office of Administrative Hearings in Raleigh. She is a member of the Tax Section, Administrative Law Section and Young Lawyers Division of the North Carolina Bar Association.

    Click here for more information about Judge Jacobs.

  • Jonathan D. Jones

    Jonathan D. Jones earned his B.A., M.A., and J.D. from the University of North Carolina at Chapel Hill. Jonathan worked for six years as a newspaper reporter for community newspapers in Maryland and Virginia as well as the News & Record of Greensboro. Jonathan has also worked for the Reporters Committee for Freedom of the Press and the N.C. Open Government Coalition while in law school. Jonathan served as editor in chief of the First Amendment Law Review. He also served four years on the board of directors for the non-profit corporation that publishes The Daily Tar Heel student newspaper and volunteered with the Innocence Project. Published in The First Amendment Law Review and News Media & the Law. Jonathan presented research papers at AEJMC Southeast colloquium, worked for two years as a prosecutor in Durham and previously served as a law clerk for the North Carolina Appellate Defender.

    Click here for more information about Jonathan.

  • W. Bain Jones Jr.

    W. Bain Jones Jr. is a sole practitioner in Raleigh. He practices administrative, workers' compensation, social security and employment law.

    Bain is a member of the Administrative Law Section and the Senior Lawyers Division of the North Carolina Bar Association.

    Bain earned his bachelor's degree from the University of North Carolina at Chapel Hill and J.D. from Cumberland School of Law, Samford University.

    Click here for more information about Bain.

  • Jill D. Moore

    Jill D. Moore is Associate Professor of Public Law and Government at the University of North Carolina-Chapel Hill School of Government, where she specializes in public health law issues affecting North Carolina local governments. She earned her Master of Public Health degree from the UNC Gillings School of Global Public Health and worked in the public health field for several years before attending law school. She earned her Juris Doctor with High Honors from the UNC School of Law, where she served as Executive Articles Editor of the North Carolina Law Review. Before joining the School of Government, she served as law clerk to the Honorable Willis P. Whichard, North Carolina Supreme Court.

    Professor Moore is the author of the practical handbook, North Carolina Communicable Disease Law, and is a contributor to the Coates' Canons NC Local Government Law blog. Her research interests include communicable disease control, health information privacy, and local public health department organization and governance. She maintains a website addressing issues in North Carolina public health law at ncphlaw.unc.edu.

    Click here for more information about Jill.

  • Mark H. Newbold

    Mark H. Newbold recently retired from the City Attorney's Office for Charlotte where he served as the Deputy City Attorney for the Charlotte-Mecklenburg Police Department for twenty two years. Prior to becoming a Deputy City Attorney, Mark was the lead Police Attorney for the Tulsa Police Department. Mark received his law degree from the University of Tulsa while working as a police officer for the Tulsa Police Department. He has represented municipalities and police officers in State and Federal Court in both use of force cases and cases arising out of demonstrations. While serving as Deputy City Attorney, Mark was intricately involved with developing policies and procedures for CMPD concerning Use of Force and First Amendment issues. He is the Past Chair for the Legal Officers Section of the International Association of Chiefs of Police and Past President of the North Carolina Association of Police Attorneys. Mark has published numerous articles on police issues.

    Click here for more information about Mark.

  • J. Mark Payne

    J. Mark Payne is the Principal at J.M. Payne & Associates PLLC in Greensboro. His areas of practice include governmental representation, transition services and representation before governmental entities.

    Mark has 25 years of experience as a county attorney, serving in Johnston County for 13 years and 12 years as the Guilford County Attorney. In that time, he has represented every kind of local government board in every kind of litigation, including complex elections law matters and a significant role in the ground-breaking national opioid litigation. He has provided training to local government boards and staff, as well as his fellow government attorneys through CLE presentations.

    Prior to his serving service as a county attorney, Mark was in the NC Attorney General’s Office with responsibility in environmental law, utilities law and appellate work.

    Mark earned his undergraduate degree from the University of North Carolina Chapel Hill and his J.D. from the University of North Carolina Chapel Hill School of Law.

    Click here for more information about Mark.

  • William M. Polk

    William M. Polk serves as Deputy General Counsel in the NC Department of Public Safety (NCDPS) and serves as in-house counsel for the Division of Emergency Management. Mr. Polk has served as a chair of the Legal Counsel Committee for the National Emergency Management Association and was a member of the Legal Services Corporation, Disaster Task Force.

    Prior to his duties in NCDPS, Mr. Polk served as Deputy General Counsel in the Office of the Governor. Polk has also served as General Counsel in the Office of the Lt. Governor, and as Director of the Victims and Citizens Services Section of the Attorney General's Office. He started his career in state government as a public safety policy analyst for the Office of the Governor. He also was a chair of the workplace violence committee of the N.C. Council for Women/Domestic Violence Commission. He served as the Attorney General's designee to the N.C. Council for Women/Domestic Violence Commission. He was recognized for his legislative efforts, by being awarded the Legislative Advocacy award by the North Carolina Coalition against Domestic Violence.

    Mr. Polk is a native of Harrisburg, N.C., and received a BA in Political Science/Criminal Justice Concentration from North Carolina State University in 1996, and his J.D. from N.C. Central University School of Law, in 1999. He is admitted to the N.C. Bar and U.S. District Court for the Eastern District of North Carolina.

    Click here for more information about William.

  • Sardar Mujeeb Shah-Khan

    Sardar Mujeeb Shah-Khan is the Managing Partner of Shah-Khan Law PLLC in Matthews.

    Prior to forming the firm, Mujeeb was the City Attorney for Monroe. Prior to becoming Monroe's City Attorney, he was the City Attorney for Greensboro and a member of the Charlotte City Attorney's Office. Before joining the Charlotte City Attorney's Office, he worked in private practice as a litigator with the Charlotte offices of the firms of Cranfill Sumner & Hartzog and Poyner and Spruill.

    Mujeeb earned his undergraduate degree in Political Science from'Duke University and his J.D. from the Walter F. George School of Law at Mercer University.

    Click here for more information about Mujeeb.

  • Victoria E. Sheppard-Anderson

    Victoria E. Sheppard-Anderson now serves as Assistant County Attorney for Guilford County Sheriff's Office (October 2020). She began the second phase of her legal career after relocating to North Carolina from Tampa, Florida. Victoria has been licensed to practice law in North Carolina since 2017 and started work immediately with Legal Aid of North Carolina in the General Practice and Domestic Violence units. Victoria earned her Juris Doctorate from Florida A&M College of Law in 2005; where she served as Articles Editor for the inaugural edition of Law Review and interned with United States Attorney's Office for the Middle District of Florida (Orlando).

    Prior to attending Law School, Victoria's non-legal professional career started with the State of Florida, after receiving a bachelor's degree from Florida State University. She worked as a Child Abuse Investigator, Probation Officer and Certified Trainer for the Department of Children and Families through the University of South Florida-Professional Development Center. Victoria started a solo civil practice in 2005 in the Central Florida area and while in private practice she gained civil trial/litigation experience (2005 – 2009). In 2009 she transitioned to staff attorney with a Shapiro, Fishman & Gaché a full-service financial services law firm in Tampa Florida (2009-2013) broadening the scope of her motion and litigation experience.

    Victoria is a member of the State of North Carolina Bar and State of Florida Bar. Victoria is also a member of Delta Sigma Theta Sorority, Incorporated.

    Click here for more information about Victoria.

  • Ann B. Wall

    Ann B. Wall is General Counsel for the North Carolina Department of the Secretary of State in Raleigh. She has served as an attorney in the North Carolina Departments of Justice and Labor, as well as the National Labor Relations Board. She has provided advice regarding public records requests, open meetings and records retention issues during her years of State and federal service.

    Anne is a member and past chair of the Administrative Law and Government and Public Sector Sections of the NCBA. She is a past recipient of what is now called the Grainger Barrett Award for Excellence awarded by the Government and Public Sector Section. She is also a member of the Business, Constitutional Rights & Responsibilities, Corporate Counsel, Criminal Justice, Labor and Employment Law and Litigation Sections. She is a member of the ABA and several of its sections, and of the NC Association of Women Attorneys.

    Anne's undergraduate and law degrees are from Meredith College and from the University of North Carolina at Chapel Hill respectively.

    Click here for more information about Ann.

November 20, 2020
Fri 8:55 AM EST

Duration 7H 15M

This live web event has ended.

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