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THE NORTH CAROLINA STATE BAR WINTER JOURNAL2013 IN THIS ISSUE When Criminals Gang Up on Mom and Dad page 14 Combating Domestic Violence with Legal Services page 24 An Interview with New President Ronald Baker page 31 BEGINNING AT SQUARE ONE IS FINE UNLESS YOU NEED A PRELIMINARY INJUNCTION NOW. Start with Practical Law. Save time with straightforward, up-to-date resources such as: • Preliminary Injunctive Relief: Initial Considerations Practice Note • Preliminary Injunctive Relief: Procedure for Obtaining Practice Note • Preliminary Injunctive Relief: Drafting Required Documents Practice Note • Order to Show Cause for Preliminary Injunction and TRO Standard Document Our attorney-editors create and maintain thousands of practical resources so you don’t have to. And now that we’re part of Thomson Reuters, you have everything you need from one trusted partner. Begin your FREE TRIAL now at startwithpracticallaw.com ©2013 Thomson Reuters L-388222/10-13 Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters. THE NORTH CAROLINA STATE BAR JOURNAL Winter 2013 Volume 18, Number 4 FEATURES Editor Jennifer R. Duncan 8The Current Scope of Local Government Land-Use Regulation Publications Committee G. Gray Wilson, Chair Powers—Have We Turned Back Dorothy Bernholz, Vice-Chair Harry B. Crow to the 1870s? Margaret H. Dickson By G. Nicholas Herman Rebecca Eggers-Gryder Forrest A. Ferrell 14Fraud, Vulnerability, and Aging— Douglas R. Gill James W. Hall When Criminals Gang Up on Anna Hamrick Mom and Dad Charles Hardee By David Kirkman Darrin D. Jordan Sonya C. McGraw Robert Montgomery 20 Blair Berk Profile Nancy Black Norelli By Ashley M. London Harold (Butch) Pope Barbara B. Weyher 22 An Interview with Author Alan D. Woodlief Jr. Walter Bennett © Copyright 2013 by the North Carolina State Bar. All By John Gehring rights reserved. Periodicals postage paid at Raleigh, NC, and additional offices. Opinions expressed by contributors 24 Combating Domestic Violence are not necessarily those of the North Carolina State Bar. POSTMASTER: Send address changes to the North with Legal Services Carolina State Bar, PO Box 25908, Raleigh, NC 27611. By Evelyn Pursley The North Carolina Bar Journal invites the submission of unsolicited, original articles, essays, and book reviews. 26Meet the Federal Judges—Judge Submissions may be made by mail or e-mail (ncbar@bell- south.net) to the editor. Publishing and editorial decisions Martin Reidinger are based on the Publications Committee’s and the editor’s By Michelle Rippon judgment of the quality of the writing, the timeliness of the article, and the potential interest to the readers of the 28Becoming Jackie Journal. The Journal reserves the right to edit all manu- By Heather Bell Adams scripts. The North Carolina State Bar Journal (ISSN 10928626) is published four times per year in March, June, September, and December under the direction and 31 An Interview with New President supervision of the council of the North Carolina State Bar, Ronald G. Baker Sr. 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’s Handbook $10.78. Advertising rates available upon request. Direct inquiries to Director of Communications, Update Membership Information: Members who need to update their membership the North Carolina State Bar, PO Box 25908, Raleigh, information must do so by contacting the Membership Department via one of the four North Carolina 27611, tel. (919) 828-4620. following 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, www.ncbar.gov Raleigh, NC 27611-5908; (3) call (919) 828-4620; or (4) send an e-mail to amaner@ ncbar.gov. In deciding what address to list with the State Bar, be advised that this address 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. THE NORTH CAROLINA STATE BAR JOURNAL 3 DEPARTMENTS 44 Paralegal Certification 59 Fifty-Year Lawyers Honored 45 Rule Amendments 59 Law School Briefs 6 State Bar Outlook 49 Proposed Ethics Opinions 62 Distinguished Service Award 34 Lawyer Assistance Program 62 2014 Appointments to 36 IOLTA Update BAR UPDATES Boards and Commissions 37 IOLTA Grantee Spotlight 63 Annual Reports of 56 State Bar Swears in New Officers 38 Legal Ethics State Bar Boards 57 Resolution of Appreciation of 40 Profile in Specialization 67 February 2014 Bar M. Keith Kapp 41 Trust Accounting Exam Applicants 58 Client Security Fund 42 The Disciplinary Department 70 In Memoriam Officers 23: John S. Willardson, Wilkesboro Tammy Jackson, Membership Director Ronald G. Baker Sr., Kitty Hawk - President 2013-2014 24: Rebecca Eggers-Gryder, Boone Katherine Jean, Counsel and Assistant Executive Dir. Ronald L. Gibson, Charlotte - President-Elect 2013-2014 25: Forrest A. Ferrell, Hickory David R. Johnson, Deputy Counsel Margaret M. Hunt, Brevard - Vice-President 2013-2014 26: Robert J. Bernhardt, Charlotte Sharon Kelly, Events Manager L. Thomas Lunsford II, Raleigh - Secretary-Treasurer A. Todd Brown, Charlotte Barbara Kerr, Archivist M. Keith Kapp, Raleigh - President 2013-2014 Mark Henriques, Charlotte Cathy D. Killian, Clinical Director, LAP F. Fincher Jarrell, Charlotte Melanie Kincaid, Paralegal Councilors Dewitt McCarley, Charlotte Suzanne Lever, Asst. Ethics Counsel By Judicial District Mark W. Merritt, Charlotte Joyce L. Lindsay, Exec. Asst., Administration 1: C. Everett Thompson, Elizabeth City Nancy Black Norelli, Charlotte L. Thomas Lunsford II, Executive Director 2: G. Thomas Davis Jr., Swan Quarter 27A: Sonya Campbell McGraw, Gastonia Angelica Magdalena, Paralegal 3A: Charles R. Hardee, Greenville 27B: Ralph W. Meekins, Lincolnton Adam Maner, Professional Organization Coordinator 3B: Debra L. Massie, Beaufort 28: Howard L. Gum, Asheville Beth McIntire, IT Manager 4: Robert W. Detwiler, Jacksonville 29A: Marvin R. Sparrow, Rutherfordton Beth McLamb, Payment Coordinator, Membership 5: Harold L. Pollock, Burgaw 29B: Christopher S. Stepp, Hendersonville Nichole P. McLaughlin, Asst. Ethics Counsel 6A: Gilbert W. Chichester, Roanoke Rapids 30: Gerald R. Collins Jr., Murphy Barry S. McNeill, Deputy Counsel 6B: Lloyd C. Smith Jr., Windsor Diane Melching, Admin. Asst., ACAP Dottie K. Miani, Deputy Clerk of DHC/Asst. Facilities Manager 7: Randall B. Pridgen, Rocky Mount Public Members 8: Shelby D. Benton, Goldsboro Claire U. Mills, Accounts Manager, IOLTA Margaret H. Dickson, Fayetteville 9: Paul J. Stainback, Henderson Alice Neece Mine, Asst. Executive Dir., Dir. of CLE, Paul L. Fulton, Winston-Salem 9A: R. Lee Farmer, Yanceyville Specialization, & Paralegal Certification James W. Hall, Ahoskie 10: Nicholas J. Dombalis II, Raleigh Robynn E. Moraites, LAP Director Theodore C. Edwards II, Raleigh George Muench, Investigator John N. (Nick) Fountain, Raleigh Staff Denise Mullen, Asst. Director of Specialization Pat Murphy, Deputy Counsel David W. Long, Raleigh Roger Allen, Investigator Donna R. Rascoe, Raleigh Loriann Nicolicchia, Accreditation Coordinator, CLE Carmen H. Bannon, Deputy Counsel Emily Oakes, Attendance/Compliance Coordinator, CLE Sally H. Scherer, Raleigh Betsy C. Barham, Receptionist John M. Silverstein, Raleigh Brian Oten, Deputy Counsel Tim Batchelor, Investigator Lisanne Palacios, Accounting Manager Cynthia L. Wittmer, Raleigh Kelly Beck, Compliance Coordinator, Membership/CLE 11A: Donald E. Harrop Jr., Dunn Anne M. Parkin, Field Auditor Krista Bennett, Fee Dispute Facilitator, ACAP Heather Pattle, Administrator, Office of Counsel 11B: Marcia H. Armstrong, Smithfield Michael D. Blan, Systems Analyst/Programmer 12: Lonnie M. Player Jr., Fayetteville C. Fred Patton Jr., Investigator Peter Bolac, District Bar Liaison/Trust Account Compliance Wondella Payne, Paralegal 13: Harold G. Pope, Whiteville Counsel 14: John A. Bowman, Durham Aaliyah Pierce, Acct. Data Asst., IOLTA Elizabeth E. Bolton, Receptionist Angel Pitts, Mail/Copy/Accounting Clerk William S. Mills, Durham Lori Brooks, Admin. Asst., Office of Counsel 15A: Steven H. Messick, Burlington Anthony Porrett, Eastern Clinical Coordinator, LAP Eddie Capel, Investigator Jennifer Porter, Deputy Counsel 15B: Dorothy Bernholz, Chapel Hill Krista E. Carlson, Investigator 16A: William R. Purcell II, Laurinburg Evelyn Pursley, Executive Dir., IOLTA Becky B. Carroll, Paralegal Sonja B. Puryear, Admin. Asst., Investigations 16B: C. Christopher Smith, Lumberton Joseph D. Cerone, Office Manager 17A: Joseph G. Maddrey, Eden Joan Renken, Admin. Asst., LAP Alyssa M. Chen, Deputy Counsel Randall C. Ross, Investigator 17B: Thomas W. Anderson, Pilot Mountain Margaret Cloutier, Senior Deputy Counsel 18: Barbara R. Christy, Greensboro Whit Ruark, Investigator Joseph J. Commisso, Director of Investigations Sandra L. Saxton, Public Liaison, ACAP Robert C. Cone, Greensboro Susannah B. Cox, Deputy Counsel 18H: Richard S. Towers, High Point Fern Gunn Simeon, Deputy Counsel Luella C. Crane, Director of ACAP Jaya Singh, Accounting Asst. 19A: James D. Foster, Concord Jennifer R. Duncan, Director of Communications 19B: W. Edward Bunch, Asheboro Jennifer Slattery, Paralegal A. Root Edmonson, Deputy Counsel Susie Taylor, Admin. Asst./Special Projects Manager, LAP 19C: Darrin D. Jordan, Salisbury Julie A. Ferrer, CLE Clerk 19D: Douglas R. Gill, Southern Pines Judith Treadwell, Public Liaison, ACAP Martha Fletcher, Payroll and Benefits Administrator
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