The Silent Machine: How NC Administrative Law Affects You and Your Practice

 

22 February 2019 / 8:30 AM – 5:00 PM / Campbell University Law School

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EVENT DESCRIPTION

Campbell Law Review’s annual CLE Symposium will occur on Friday, February 22, 2019, in Raleigh, North Carolina, at Campbell University Norman A. Wiggins School of Law, beginning at 8:30am and running until approximately 5:00pm. The event is entitled “The Silent Machine: How NC Administrative Law Affects You and Your Practice.”

The event is catered to both administrative law attorneys and general practitioners. We have carefully selected practical topics and speakers that will inform and educate all types of attendees. Further, controversial and engaging administrative law issues will be discussed. The speakers will answer legal questions posed by attendees. Whether a seasoned administrative law attorney or a general practitioner, this symposium will provide new insight into North Carolina administrative law as it is applied in both common and niche practice areas.

The live event will consist of two components: lively panel discussions and educational presentations. Instructional materials will be disseminated to the audience members. Both breakfast and lunch will be served.

The panels and lectures will discuss a wide range of administrative law topics for practical use in the everyday business of the general practitioners in North Carolina. This course will offer attendees a variety of learning opportunities including: recent updates in ethical concerns in NC Administrative law, instruction on how to properly navigate NC DMV procedure, an understanding of the interplay between Worker’s Compensation law and the NC Industrial Commission, new insight into the doctrine of exhaustion of administrative remedies, and an inside look at the functionality of NC administrative hearing procedures presented by seasoned Judges and a Justice of the NC Supreme Court.

 

TENTATIVE AGENDA

7:45 – 10:00 AM Registration and Breakfast
8:15 – 8:30 AM Opening Remarks
8:30 – 10:15 AM

Panel Discussion

Administrative Hearing Procedures in NC Fred Morrison, Justice Michael Morgan, Jack Nichols, Dan Overby, Sarah Ludington
10:15 – 10:30 AM Refreshment Break
10:30 AM – 12:00 PM

Panel Discussion

NC DMV Administrative Procedures

Karen Griffin, John Fanney, Anna Felts, Drew Sprague

12:00 – 12:20 PM Lunch Break (lunch will continue during afternoon presentation)
12:20 – 1:20 PM

Educational Lecture

Ethical Concerns in Administrative Law

Julia Mann

1:30 – 3:15 PM

Panel Discussion

Exhausting Administrative Remedies Abe Jones, Craig Croom, Andrew Hessick, Anna Choi, Anthony Ghiotto
3:15 – 3:30 PM Refreshment Break
3:30 – 5:00 PM

Panel Discussion

Worker’s Compensation and the NC Industrial Commission

Erika Jones, Myra Griffin, Drew Sprague, Michael Ballance

 

SPEAKER QUALIFICATIONS

Michael Ballance

Michael W. Ballance is the Shareholder-in-Charge of the Raleigh office of Dickie, McCamey & Chilcote, P.C. He is an experienced civil litigator with his practice concentrated in the areas of administrative law, appellate practice, employment law, and workers’ compensation. He represents clients at all stages of civil trials and administrative proceedings, from mediation through appeals to the Supreme Court. Mr. Ballance has appeared as counsel in over two dozen North Carolina Court of Appeals and Supreme Court cases. He is also a certified mediator who regularly helps parties resolve their disputes without going to trial.

Additionally, Mr. Ballance serves as an Adjunct Professor at both The University of North Carolina School of Law in Chapel Hill and Campbell University School of Law in Raleigh where he currently teaches Workers’ Compensation Law and Practice. The deans from both universities have appointed him to represent their schools in North Carolina’s transition to adopting the Uniform Bar Exam. He is one of five lawyers chosen to develop a required course of study and examination on the state’s workers’ compensation law. Mr. Ballance has also taught Legal Writing and Appellate Advocacy and is a frequent writer and speaker on workers’ compensation topics.

 

Anna Choi

Anna Baird Choi is a native of Raleigh. She graduated from the University of North Carolina at Chapel Hill with degrees in Economics and Political Science in 1990 and earned her law degree from Campbell University in 1994. Her practice focuses on administrative law and regulatory law. She served as the first law clerk at the N.C. Office of Administrative Hearings (1994-1997) and as Assistant Attorney General in the N.C. Department of Justice (1997-2000).

Since 2002, Ms. Choi has served as counsel to the N.C. Licensing Board for General Contractors. She advises the General Contractor’s Board and eight other occupational licensing boards represented 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. Representative professions and businesses include: real estate brokers, plumbers, psychologists, licensed professional counselors, pharmacists, retail pharmacies, and licensed child care facilities. Ms. Choi is the former Chair for the Administrative Law Section of the N.C. Bar Association and remains involved in many aspects of administrative & regulatory law.

 

Craig Croom

Judge Craig Croom is the Democratic judge of the Wake County District Court District 10B, Seat 1 in North Carolina. Judge Croom graduated from the University of North Carolina at Chapel Hill in 1989 and received his law degree from North Carolina Central University School of Law in 1994. Judge Croom previously worked as an administrative law judge and a former special superior court judge for the 10th District, Third Division of the Superior Court in Wake County, North Carolina. He has also worked as a private practice attorney with his wife at the firm Claudia C. Croom PLLC Attorney at Law.

 

John Fanney

John Fanney is a North Carolina Board Certified Criminal Law Specialist in both State Criminal Law and Federal Criminal Law, and has devoted his practice exclusively to defending clients against criminal charges, with an emphasis on courtroom advocacy.

Mr. Fanney has 25+ years of experience providing legal representation on criminal charges in Raleigh, North Carolina and is a respected member of the legal community. He has extensive DWI Training and specializes in alcohol-related offenses, drug offenses, serious injury by vehicle offenses, sex offenses, and domestic violence cases. He received his Bachelor of Arts in Political Science from the University of North Carolina at Chapel Hill and later received his Juris Doctorate from Campbell University Norman Adrian Wiggins School of Law. Mr. Fanney has been a regular speaker at DWI Defense seminars since 2004 and is a member of the North Carolina Advocates for Justice and the National College for DUI Defense (State Delegate).

 

Anna Felts

Named one of the “Top 100 Trial Lawyers” by the National Trial Lawyers Association, Anna felts has dedicated her practice to litigating criminal defense cases from traffic offenses to murder.

After graduating from the North Carolina School of the Arts in Opera and Classical Voice in Winston Salem, NC in 1992, Anna went on to the University of North Carolina at Greensboro where she earned a Bachelor of Arts and graduated with Honors in 1997. Anna earned her Juris Doctorate from the Norman Adrian Wiggins School of Law at Campbell University with honors in Pre-trial Litigation, Real Estate, and Sports and Entertainment Law. While at Campbell University, she also attended the Notre Dame School of Law in London, England, where she studied International Human Rights and Comparative Family Law.

Upon graduation, Anna worked as a trial attorney for the former District Court Judge Jerry Leonard. They later formed the partnership of Leonard & Smith, where Anna practiced civil and criminal law at both state and federal levels.

In 2005, Anna opened her own firm, Law Offices of Anna Smith Felts, PLLC, specializing in criminal defense and representing those with various criminal charges, ranging from traffic charges to murder. Her practice includes representing those charged with driving while impaired, simple misdemeanors, drugs, embezzlement, crimes of fraud, robberies, assaults, all felonies, child support “show causes”, misdemeanor and felony probation violations, and serves as one of two lawyers in Wake County, contracted by the state to serve as the attorney for all indigent persons charged with domestic violence probation violations. In addition she is very experienced in DMV hearings and expungements. She practices daily in District and Superior Courts of Wake County and has received extensive training in Death Penalty Litigation. She has extensive experience in litigating civil cases, protective order and most recently settled a multi million dollar trucking accident.

Since starting her firm in 2005, she has focused her practice on criminal defense and has been involved in a number of high profile cases, including that of NBA player John Wall and Smithfield’s Chicken and Barbecue co-founder Gregory Moore. She frequently acts as an on-air legal consultant for CNN, Court TV, HLN, and several local news channels. She also was featured in an article named “Barristers Breaking Barriers” by the Triangle Business Journal.

Outside of managing her own firm, Anna spends much of her time working on civic causes and trying to give back to her community and profession. She has served as legal faculty for the Chief Justice’s Commission on Professionalism at Campbell Law School’s Intercession Program, has taught various continued legal education classes in the area of search and seizure, the Justice Reinvestment Act, NC Probation Violations and has been a guest speaker in criminal defense at Wake Technical Community College. She currently serves as Vice President for the Board of Directors for the Foundation for Good Business (founded and headed by former Attorney General Rufus Edmisten), serves on the special committee for the Super Kids Scholarship Program for underprivileged children, serves as Vice Chair as the membership committee at the City Club of Raleigh, serves as a Board Member for Beginnings for hearing impaired children, is a former Board member of the State Capitol Foundation and is the former President of the Wake County Academy of Criminal Trial Lawyers.

Throughout her career, Anna has been recognized for her dedication to her clients and her expertise in criminal law. She has been named one of the “Top 100 Trial Lawyers by the National Trial Lawyers Association, was awarded “Top 10 Best Attorneys in Client Satisfaction” by the American Institute of Criminal Law Attorneys, and was given an award and Honorable Mention for “Best Attorney” by Cary Magazine. She also received the “Outstanding Service Award” by the City Club of Raleigh and was the recipient of the “Distinguished Award for Outstanding Leadership” by the Wake County Academy for Criminal Defense Lawyers.

 

Anthony Ghiotto

Anthony Ghiotto served as a judge advocate for more than 11 years.  During that time, he developed a reputation as a skilled prosecutor and as an expert in military justice policy and practice. He teaches courses in Criminal Law, Criminal Procedure, and Trial Advocacy.

During his time as a judge advocate, Ghiotto served in a variety of capacities, to include prosecuting a wide range of felonies, serving as a staff attorney at the Air Force’s military justice headquarters, and as a Staff Judge Advocate. As a Staff Judge Advocate, Ghiotto served as the principal legal advisor to the Wing Commander, all subordinate commanders, directly supervised a legal office consisting of 20 legal professionals, and was responsible for the provision of legal services to more than 3,000 active duty personnel and their dependents.

He also served as a staff attorney and principal drafter to the Defense Legal Policy Board, Office of the Secretary of Defense, in its investigation and report to the Secretary of Defense as to how the military services addressed instances where American service members caused the death civilian non-combatants in Iraq and Afghanistan. He also deployed to Parwan Province, Afghanistan, in support of Operation Enduring Freedom. During his six-month deployment, Ghiotto represented the United States in more than 100 detainee review board hearings, ensuring sufficient due process and evidence existed to detain and continue detaining captured combatants. He was also one of the few judge advocates competitively selected to attend the Air Force’s prestigious Air Command and Staff College, earning a master’s degree in Military Operations and Science with Academic Distinction. Ghiotto separated honorably from the Air Force in 2017, having been selected to the rank of lieutenant colonel. He continues to serve as a judge advocate with the Georgia Air National Guard.

He graduated with a B.A. from the University of Illinois at Urbana-Champaign and received his J.D. from Emory University School of Law.

 

Karen Griffin

Karen Griffin is an experienced licensed North Carolina attorney that practices in State and Federal Court. She is a fluent Spanish speaker and has represented many Spanish speakers living in North Carolina. She has interned at the Pitt County District Attorney’s Office in Greenville, NC, the Federal Public Defender’s Office in Greenville, NC, and the US Attorney’s Office in Charleston, SC. She has worked at Beatrice Whitten Law Firm in Mount Pleasant, SC, McCoppin & Associates in Cary, NC, and Kurtz & Blum in Raleigh, NC. She founded Karen Griffin Law, PLLC and practices criminal defense, DWI defense, family law, and Social Security Disability. She received her Bachelor of Arts from the University of North Carolina at Wilmington and her Juris Doctor from Charleston School of Law.

 

Myra Griffin

Myra Griffin received her B.A. degree in Political Science from the University of North Carolina at Chapel Hill in 1994 and her J.D. degree from North Carolina Central University School of Law in 1997. She worked as an Assistant Attorney General with the Tort Claims Section of the N.C. Department of Justice. In this capacity, she served as Agency Counsel to the Industrial Commission and Prosecutor with the Worker’s Compensation Fraud Investigations Unit.

She served as an Agency Legal Specialist for former Commissioner Reneé C. Riggsbee and as a Special Deputy Commissioner. She has subsequently served as a Deputy Commissioner since February 18, 2005.

 

Andrew Hessick

Professor Hessick became a professor at UNC School of law in 2016. He previously was a professor at the University of Utah and Arizona State University and was a visiting assistant professor at Boston University. Before beginning teaching, he served as a Bristow Fellow in the U.S. Solicitor General’s office and practiced litigation at Kellogg Huber Hansen Todd Evans & Figel PLLC in Washington, D.C. He also clerked for Judge Reena Raggi on the United States Court of Appeals for the Second Circuit and Judge A. Raymond Randolph on the United States Court of Appeals for the D.C. Circuit.

Professor Hessick’s research interests include federal courts, administrative law, remedies, and criminal sentencing. His work has appeared in, among other places, the California Law Review, the Cornell Law Review, the Northwestern University Law Review, the Notre Dame Law Review, and the William and Mary Law Review. His work has been cited by the Supreme Courts of Connecticut, Iowa, Missouri, Tennessee, and Utah; various federal district and circuit courts; and the U.S. Supreme Court.

Professor Hessick received his B.A. in Mathematics and Classical Archaeology from Dartmouth. He received his J.D. from Yale Law School, at which he was an editor of the Yale Law Journal.

Abe Jones

Abe Jones is a seasoned criminal and civil trial attorney as well as a former, long-standing Superior Court Judge. He has served as both a prosecutor and defense attorney in criminal cases. He has represented both plaintiffs and defendants in civil cases. He has tried numerous cases before the bench and, during his 17 years as a superior court judge, presided over numerous cases from behind the bench. His areas of practice include Administrative Law, Criminal Law (Federal and State), Employment Law, Personal Injury Law and Traffic Law.

Erika Jones

Erika Jones has  worked at the North Carolina Industrial Commission, practiced law as an insurance defense attorney, criminal defense attorney, and represented injured workers before the North Carolina Industrial Commission.

She is a N.C. Dispute Resolution Commission Certified Mediator and an Arbitrator for Wake County Superior Court. She has handled numerous workers’ compensation claims, along with related employment issues, to resolve the claims by Court decision or settlement with global releases and resignations. Throughout my legal career I have always been interested in how diversity plays such an integral role. Implementing diversity initiatives throughout my legal career has helped me handle complex matters with a perspective that allowed me to reach conclusions that were beneficial in some way for all parties involved. She received her Bachelor of Arts in 1998 and her Juris Doctor in 2002.

Sarah Ludington

Sarah Ludington began serving as associate dean of academic affairs at Campbell Law on July 1, 2017. Prior to stepping into that role she was an associate professor of law at the law school. A respected scholar in the fields of free speech and privacy law, Ludington’s work has examined the implications of tenure for the speech of professors and methods for deterring the misuse of personally identifiable information. She has also co-authored articles about the history of sovereign debt repudiation and the doctrine of odious debts. Most recently, she published a chapter on the history of USDA farm and food subsidies in Food Fights: How the Past Matters in Contemporary Food Debates (UNC Press 2017).

Ludington, who was granted tenure by the university in 2015, has taught in the summer study abroad program that Campbell Law co-sponsors in Cambridge, England. She has also lectured on American constitutional law at University College Cork in Ireland and at the Duke-Geneva Institute in Transnational Law. She will continue to teach courses in constitutional law, information privacy, and civil procedure. Ludington is delighted to be assuming the role of associate dean.

Prior to joining the Campbell Law faculty, Ludington taught legal writing at Duke Law School and practiced law in Washington, D.C. and New York. She held two federal clerkships, for Harry T. Edwards of the United States Court of Appeals for the District of Columbia Circuit and for Joyce Hens Green of the United States District Court for the District of Columbia. She also has significant experience teaching literature and writing in secondary schools.

Ludington received her law degree from Duke Law School with High Honors and was inducted into the Order of the Coif. She received the Hervey M. Johnson writing prize for best published note, was a note editor of the law journal, and received the American Jurisprudence Award for Constitutional Law. She received her Bachelor of Arts from Yale University, her Master of Arts from Duke University Graduate School of Arts and Sciences, and her Juris Doctor from Duke University School of Law.

Julian Mann

Chief Judge Mann is the longest serving Chief Administrative Law Judge in North Carolina history. He previously has engaged in private practice with Green & Mann and Gulley & Green. He is a past chair of the ABA Judicial Division’s National Conference of the Administrative Law Judiciary and past chair of the National Association of Administrative Law Judiciary. He received his Bachelor of Art from the University of North Carolina at Chapel Hill and his Juris Doctor from Cumberland School of Law, Samford University.

Fred Morrison

Judge Morrison has practiced law for more than 50 years and has served in the Office of Administrative Hearings for more than three decades. He is also a former solicitor of the Thomasville Recorders Court, former legal counsel to Governors Bob Scott and James Holshouser, and was the first executive director of the North Carolina Inmate Grievance Commission.

Raised in eastern Tennessee, Morrison is a graduate of Maryville College and received his Juris Doctor from Wake Forest University School of Law.

Morrison received the first Administrative Law Award for Excellence on March 31, 2017 at the section’s annual meeting and CLE at the N.C. Bar Center. He chaired the Administrative Law Section in 2003-04.

Justice Morgan

Justice Morgan earned his Bachelor of Arts Degree in both History and Sociology from Duke University. He went on to obtain his Juris Doctor Degree with honors from North Carolina Central University School of Law, where he served as the student body president during his final year of law school.

Justice Morgan served on the legal staff of the North Carolina Department of Justice for ten years following law school, first as a research assistant, then as an Associate Attorney General, and later as an Assistant Attorney General. In 1989, he was appointed as an Administrative Law Judge with the North Carolina Office of Administrative Hearings. While in this capacity, he administered the oath of office to his father, the first and only African-American to serve as mayor of the City of New Bern. This historic event was featured nationally in an article titled “Swearing in His Dad” in the February 19, 1990 issue of Jet Magazine. In 1994, Justice Morgan was appointed as a Wake County District Court Judge by Governor James B. Hunt, Jr., and he was subsequently elected to the judgeship by the voters of Wake County in 1996 and again in 2000. He was elected to the Superior Court bench in 2004 for an eight-year term and was re-elected to the post in 2012. In his first statewide quest for elective office, Justice Morgan was elected in November 2016 to be an Associate Justice of the Supreme Court of North Carolina.

Jack Nichols

Jack Nichols was born in Quantico, Virginia, and grew up in Charlotte, N.C. He has lived in Raleigh since 1978. He concentrates on public policy development and advocacy, administrative law, and civil litigation. His practice is augmented by his extensive government service, including elective office to the Board of Commissioners (1990-1994) of Wake County. He has taught Administrative Law and Constitutional Law at the University of North Carolina at Chapel Hill and Campbell University School of Law. He served as Deputy Legislative Liaison for Governor James B. Hunt, Jr., from 1983-1985, and worked in state government from 1978-1985 as legal counsel to the Secretaries of Administration and Human Resources.

Mr. Nichols represents ten state occupational licensing boards, and he has also represented clients before regulatory bodies such as the North Carolina Utilities Commission, North Carolina Banking Commission, North Carolina Industrial Commission, and the State Personnel Commission. Mr. Nichols has been recognized by Best Lawyers in America in Administrative Law since 2006 and as a “Super Lawyer” in North Carolina Super Lawyer since 2006. Mr. Nichols has also been recognized by North Carolina Lawyers Weekly as a 2014 Leader in the Law.

Don Overby

Judge Overby has served as an Administrative Law Judge in the Office of Administrative Hearings since 2006. He has been a certified mediator, was a partner at DeMent, Askew, Gammon and Overby, and as a District Court Judge. He received his Bachelor of Arts from East Carolina University, his Master of Arts, and his Juris Doctor from Campbell University School of Law.

Drew Sprague

Drew Sprague is a graduate of Wake Forest University with a degree in Politics and a minor in Journalism, and Tulane University Law School with a specialization in European Legal Studies.  After college, Mr. Sprague worked as a sixth grade teacher in Baton Rouge, Louisiana where he taught with the Teach For America program.

While in law school, Mr. Sprague clerked with the North Carolina Department of Justice. At the North Carolina Department of Justice, Mr. Sprague worked to defend the K-12 public schools in North Carolina as well as the state university system in North Carolina.

As an attorney, Mr. Sprague has tried cases in both state and federal courts and at the Superior Court, District Court, and small claims court levels. He has tried cases to favorable verdicts for his clients, negotiated difficult settlements in both criminal and civil matters, and advocated vigorously in trials, mediations, arbitrations, and depositions. In addition, he has handled cases in the North Carolina Court of Appeals and other appellate courts of record.

Mr. Sprague formerly worked at a boutique civil litigation firm in Greensboro, North Carolina and has tried cases and handled criminal matters in countless counties throughout the state.