N.C. Court of Appeals convenes at Campbell

     Judges from the North Carolina Court of Appeals came to Campbell University Thursday, Oct. 19, to hear appeals on three civil cases. The visit is part of an educational outreach of the North Carolina judiciary to give law students a first-hand glimpse of the real workings of the court. The court also hears cases at other law schools across the state.
     Chief Judge John Martin, Judge Rick Elmore and Judge Barbara Jackson heard the appeals, one in which the constitutionality of a North Carolina law was challenged. In this case, defendants argued that Article 1 of Chapter 19A of the General Statutes, which makes it permissible for a private citizen to bring a suit for the abatement of a public nuisance, is unconstitutional and inconsistent with North Carolina’s existing doctrine. Charged with treating over 100 dogs maintained on their property in a cruel and inhumane manner, the defendants challenged a lower court’s ruling that when acting within the limits of the North Carolina Constitution, the General Assembly can grant private parties the power to bring suit for “unjustifiable” cruelty to animals. The judges heard arguments from plaintiffs and defendants and returned to Raleigh to write their opinions.
    “This is a great time for students to see the Court of Appeals in action,” said Bryan Boyd, assistant professor of law specializing in appellate advocacy. “Our Campbell students are about to go into intramural moot court competitions based on appellate arguments and this chance to see the operation of the North Carolina Court of Appeals will let students experience for themselves how attorneys work in an appellate court setting.”
     Each year a number of students from Campbell’s Norman Adrian Wiggins School of Law also perform judicial law clerkships at state appellate and supreme courts, added Boyd. “The experience is great for those students who want to go into appellate practice and for those interested in working with appellate judges.”
     Robin Muse, a professor of legal research and writing, just completed a clerkship with Judge John Tyson, Campbell alumnus and member of the North Carolina Court of Appeals. “As a clerk, I assisted the judge in doing research and drafting opinions for the Court of Appeals,” Muse said. “Many of these rulings set precedent for similar cases under North Carolina law.”
     One of the most interesting cases Muse researched was Pickard v. Pickard, a case which questioned the validity of a marriage ceremony performed on a North Carolina Indian reservation and according to Indian tradition. Tyson argued that the ceremony was valid, establishing a precedent for other cases of this nature.
     “I think it is essential for students to see how appellate arguments are dealt with and decided upon,” said Muse. “It gives them a glimpse into life after law school and who they are training to become.”
     Founded in 1976, the Norman Adrian Wiggins School of Law enjoys a heritage derived from three distinct traditions--the noble tradition of the legal profession, the Christian tradition, and the finer traditions of the rural South, such as friendliness and self-reliance. It seeks to educate lawyers who are prepared to serve their communities with legal skills and ethical and intellectual leadership.


Photo Copy: Members of the North Carolina Court of Appeals heard cases at Campbell University recently. From left, Judge Rick Elmore, Chief Judge John Martin and Judge Barbara Jackson. (Photo by Shannon Ryals)