February 2010 at NCICL

The North Carolina Institute for Constitutional Law is a nonpartisan organization that educates, informs and advises the public and elected officials on the rights of citizens under the constitutions of the United States and the State of North Carolina. NCICL also supports litigation by its lawyers on constitutional issues when appropriate. In keeping with its mission, NCICL is sending this newsletter to keep you abreast of our current endeavors, litigation, and research.
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Everyone at NCICL congratulates Board of Directors Members Chief Justice I. Beverly Lake and Chris Mumma on the success of their efforts and dedication and the release of Gregory Taylor. The Institute for Constitutional Law appreciates the great work that the N.C. Center on Actual Innocence does, and we wish them continued success.

Litigation Updates

Russell Kinfoil v. Byron Meadows, Lankford Protective Services, Inc.
In December of last year, NCICL attorneys Robert Orr and Jeanette Doran together with the ACLU of N.C. submitted a friend of the court brief regarding a First Amendment question in this case. Oral arguments were heard in Greensboro at the trial court on February 4^th, 2010. 

The issue in this case was whether the Court could issue an Order for Removal of Certain Content from Plaintiff’s Counsel’s Office Website and for a Gag Order. Defendants objected to news articles posted on Plaintiff’s counsel’s webite suggesting that they may cause material prejudice and taint a potential jury pool. A finding that articles and Plaintiff’s counsel’s statement found therein violates the Rules of Professional Conduct would have implicated the First Amendment rights of Plaintiff and Plaintiff’s counsel, as well as the First Amendment rights of the public and the press.

After arguments on February 4^th, the court denied the gag motion.

Saine, et al., v. State, et al. (Johnson and Wales)
On February 16^th, Attorneys Robert Orr and Jeanette Doran presented oral arguments to Judge Michael Morgan in Wake County Superior Court on Motions to Dismiss that were filed by the State defendants and Johnson and Wales. Both motions were based on failure to state a claim and lack of standing. After hearing several hours of arguments, the trial court granted the defendants’ Motions to Dismiss.  No decision regarding an appeal has been made.

The lawsuit challenged the constitutionality of the State of North Carolina’s appropriations to Johnson and Wales University, a private cooking and hospitality school in Charlotte. The State has already appropriated several million dollars to the cooking school to fulfill individual promises made by various officials. The lawsuit sought to stop any future payments and to have the millions already given to Johnson and Wales returned to the State treasury. After this ruling however, the State will be permitted to continue unchallenged to give away the remainder of the $10 million of taxpayer dollars to the private school. The school will be permitted to keep the People’s tax dollars and continue to operate without any contract with the State to offer anything in return. Business as usual.

 To read more about the case, click here.

Munger, et al., v. State, et al. (Google)
Also on February 16^th, the Court of Appeal issued a decision in the Google case. The issue in this case concerned the right of taxpayers to challenge a tax break specially crafted for a single company: Google. The Court of Appeals determined that Plaintiffs did not have standing to challenge the legislation that offered Google targeted tax breaks.  NCICL attorneys with Plaintiffs will now determine whether to file a Notice of Appeal and Petition for Discretionary Review.

"It is unfortunate that hard working taxpayers aren't given the chance to bring constitutional challenges to the types of special deals Google got, but it is encouraging that there are folks like our clients who are willing to take a stand for fairness," said Doran.

 To read about this case, click here.

Goldston v. State
NCICL attorneys Robert Orr and Jeanette Doran will be back at the Supreme Court soon. The Supreme Court has refused to hear taxpayers’ appeal of a Court of Appeals decision upholding transfers by the General Assembly from North Carolina’s Highway Trust Fund to the General Fund to balance the State budget.  The Supreme Court will however hear the States’ appeal from the Court of Appeal’s decision disallowing such transfers by the Governor. Last fall Gene Boyce and Dan Boyce ask Orr and Doran to assist them as co-counsel with the case at the Supreme Court level. 

For more information, click here. 


February Articles about NCICL

"[G]overnment is instituted, and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and generally of pursuing and obtaining happiness and safety… [T]he people have an indubitable, unalienable, and indefeasible right to reform or change their government, whenever it be found adverse or inadequate to the purposes of its institution." –James Madison