THE NORTH CAROLINA STATE BAR SPRING JOURNAL2021 IN THIS ISSUE Combating an Eviction Crisis page 9 Trial of the Greensboro Klan, Nazi, Communist Shootout page 12 How to Plan for a Sabbatical page 18 IMPORTANT NOTICE REGARDING STATE BAR EMAILS As a member of the North Carolina State Bar, you are routinely sent critical emails regarding dues notices, CLE report forms, etc. To increase efficiency and reduce waste, many reports and forms that were previously sent by US mail will now only be emailed. To receive these emails, make sure you have a current email address on file with the State Bar. You can check membership information by logging into your account at ncbar.gov/member‐login. If you have unsubscribed or fear your email has been cleaned from our email list, you can resubscribe by going to bit.ly/NCBarResubscribe. Thank you for your attention to this important matter. THE NORTH CAROLINA STATE BAR JOURNAL FEATURES Spring 2021 Volume 26, Number 1 6 The Day North Carolina Voted “Nay” Editor to History Jennifer R. Duncan By Philip Gerard 9 Combating an Eviction Crisis in the Midst of a Global Pandemic © Copyright 2021 by the North Carolina By Holly Oner State Bar. All rights reserved. Periodicals postage paid at Raleigh, NC, and additional 12 A Common Defense—The Defense offices. Opinions expressed by contributors Case in the Trial of the 1979 Greensboro are not necessarily those of the North Klan, Nazi, Communist Shootout Carolina State Bar. POSTMASTER: Send By Thomas J. Keith address changes to the North Carolina State Bar, PO Box 25908, Raleigh, NC 27611. 18 Turn Your Dreams of a Sabbatical The North Carolina Bar Journal invites the into Reality submission of unsolicited, original articles, essays, and book reviews. Submissions may By Mark P. Henriques and Bruce L. Kaplan be made by mail or email (jduncan@ 21 The Mysterious and Unbelievable ncbar.gov) to the editor. Publishing and edi- torial decisions are based on the Publications Case of the Batboy and the Hot Dogs Committee’s and the editor’s judgment of By Camille Stell the quality of the writing, the timeliness of 24 We Don’t Shake Hands Anymore the article, and the potential interest to the readers of the Journal. The Journal reserves By David Bannon the right to edit all manuscripts. The North First Prize in the Pandemic Writing Competition Carolina State Bar Journal (ISSN 10928626) 26 Book Review: A Warren Court of Our is published four times per year in March, June, September, and December under the Own: The Exum Court and the direction and supervision of the council of Expansion of Individual Rights in the North Carolina State Bar, PO Box North Carolina 25908, Raleigh, NC 27611. Member rate of A book by Justice Mark Allen Davis $6.00 per year is included in dues. By Ed Bleynat and David Hood Nonmember rates $10.73 per year. Single copies $5.36. The Lawyer’s Handbook $16.09. Advertising rates available upon request. Direct inquiries to Director of Communications, the North Carolina State Bar, PO Box 25908, Raleigh, North Carolina 27611, tel. (919) 828-4620. ncbar.gov Follow us at: Twitter: @NCStateBar Facebook: facebook.com/NCStateBar Cover photo: ©iStockphoto.com/Bill Oxford THE NORTH CAROLINA STATE BAR JOURNAL 3 DEPARTMENTS 35 Pathways to Well-being BAR UPDATES 5 President’s Message 37 IOLTA Update 43 In Memoriam 30 The Disciplinary Department 38 Proposed Ethics Opinions 48 Client Security Fund 31 Upcoming Appointments 42 Rule Amendments 49 Law School Briefs 32 Legal Specialization 33 Lawyer Assistance Program Officers 16: Dorothy Hairston Mitchell, 40: Anna Hamrick, Asheville Durham 41: H. Russell Neighbors, Marion Barbara R. Christy, Greensboro William S. Mills, Durham 42: Michael A. Lovejoy, President 2020-2021 17: Charles E. Davis, Mebane Hendersonville Darrin D. Jordan, Salisbury 18: Charles Gordon Brown, Chapel Hill 43: Gerald R. Collins Jr., Murphy President-Elect 2020-2021 19: William C. Fields Jr., Raeford Marcia Armstrong, Smithfield 20: Joshua Dale Malcolm, Pembroke Public Members Vice-President 2020-2021 21: Vacant Patricia Head, Littleton C. Colon Willoughby Jr., Raleigh 22: Matthew W. Smith, Eden Dr. Joseph E. Johnson, Greensboro Past-President 2020-2021 23: Thomas W. Anderson, Pilot Mohan Venkataraman, Morrisville Alice Neece Mine, Chapel Hill Mountain Secretary-Treasurer 24: Patrice A. Hinnant, Greensboro Executive Director Stephen E. Robertson, Greensboro Alice Neece Mine Councilors 24H: Kathleen E. Nix, High Point By Judicial District 25: Jay White, Concord Assistant Executive Director 1: C. Everett Thompson II, Elizabeth 26: David N. Allen, Charlotte Peter Bolac City Robert C. Bowers, Charlotte 2: Thomas D. Anglim, Washington A. Todd Brown, Charlotte Counsel 3: Robert C. Kemp III, Greenville Mark P. Henriques, Charlotte Katherine Jean 4: Scott C. Hart, New Bern Dewitt McCarley, Charlotte 5: Kevin Joseph Kiernan, Clinton Gena Graham Morris, Charlotte Editor 6: W. Allen Cobb Jr., Wilmington Eben T. Rawls, Charlotte Jennifer R. Duncan 7: Takiya Fae Lewis, Ahoskie 27: Jennifer Davis Hammond, Salisbury 8: Charles S. Rountree III, Tarboro 28: John Webster, Albemarle Publications Editorial Board 9: C. Branson Vickory III, Goldsboro 29: Richard Costanza, Southern Pines Stephen E. Robertson, Chair 10: Julie L. Bell, Raleigh 30: H. Ligon Bundy, Monroe Thomas W. Anderson, Vice-Chair Heidi C. Bloom, Raleigh 31: George M. Cleland IV, Winston- Julie L. Bell Walter E. Brock Jr., Raleigh Salem Heidi C. Bloom Theodore C. Edwards II, Raleigh Kevin G. Williams, Winston- Andrea Capua Katherine Ann Frye, Raleigh Salem Margaret Dickson (Advisory Member) Fred M. Morelock, Raleigh 32: Daryl G. Davidson, Taylorsville Anthony S. diSanti (Advisory Member) Robert Rader, Raleigh 33: Roy Lawrence McDonald II, Mark P. Henriques Warren Savage, Raleigh Lexington Camille Stell (Advisory Member) 11: James Thomas Burnette, Oxford 34: John S. Willardson, Wilkesboro John Webster 12: Eddie S. Winstead III, Sanford 35: Andrea N. Capua, Boone G. Gray Wilson (Advisory Member) 13: Dionne Loy Fortner , Smithfield 36: M. Alan LeCroy, Morganton 14: Harold Lee Boughman Jr., 37: Clark R. Bell, Asheboro Fayetteville 38: Michael Randalph Neece, Gastonia 15: Michael R. Ramos, Shallotte 39: Rebecca J. Pomeroy, Lincolnton 4 SPRING 2021 THE PRESIDENT’S MESSAGE “We are not makers of history. We are made by history.” —Martin Luther King Jr. B Y BARBARA R. CHRISTY artin Luther King Jr. to help women, the poor, and labor. Her pas- vote) to use their votes to advance voting was partially right. We sions were evidenced by her participation in rights for all women. Her last public words are definitely made by the NAACP, the Women’s Trade Union before she collapsed at the podium were, history, League, the Equality League “President Wilson, how long must women but we of Self Supporting Women in wait for liberty?” She died three weeks later of areM also making history. As I New York, the National pernicious anemia at the age of 30. finish this article, I am watch- Child Labor Committee, and I will betray my age by telling you that I ing a virtual inauguration in the National American loved Paul Harvey’s “The Rest of the Story” front of a plaza filled with Woman Suffrage Association. which was a feature on his radio show in the flags representing US lives Inez participated in her 1970s. He would tell an interesting story that lost in a worldwide pandem- first suffrage parade in 1911 always had a twist at the end—the “rest of the ic. The large amount of civil- carrying a sign that read, “For- story.” Well, the “rest of this story” is that ian and military police is a ward, out of error,/Leave be- Judge Allegra Collins of the North Carolina reminder of the deep division hind the night,/Forward Court of Appeals is the great niece of Inez and simmering anger of through the darkness,/For- Milholland. Judge Collins is known to be an many. History is being ward into light!” Because of analytical thinker, a thorough researcher, and made. It seems perfectly fit- her passion, courage, and her an articulate writer. Like her Great Aunt Inez, ting that against such a backdrop, this edi- striking good looks, she soon became the face she is an excellent athlete who used natural tion of the State Bar Journal contains articles of the suffrage movement. On March 3, 1913, talent combined with discipline and determi- about significant events that continue to the day before President Woodrow Wilson’s nation to play collegiate and professional ten- shape our history. inauguration, Inez, 27 years old at the time, nis and to represent the United States in the One of these articles is about North made a memorable appearance on horseback Pan American Games twice with the US Carolina’s role, or lack thereof, in ratification at the Woman Suffrage Procession in Wash- Women’s Handball Team. of the 19th Amendment a scant 100 years ington, DC, which she had helped organize. I love the parallels in these stories. Inez ago. It brought to mind a story I heard recent- In today’s parlance, Inez “went viral” as Milholland made a public stand for women’s ly about Inez Milholland. Born in Brooklyn, headlines called her “A Superwoman, a Rare right to vote in connection with the inaugura- New York, in 1886, Inez attended Vassar Radiant Creature” and touted “The Beauty of tion of President Wilson. Now, 100 years after where she was an outstanding student, thes- the Suffrage Workers.” Due to her popularity, that right to vote was granted, Kamala Harris pian, and athlete. She started the suffrage she was asked to speak on a nationwide tour was sworn in as this country’s first female vice- movement at Vassar, enrolling two-thirds of to promote the suffrage movement.