Emergencies in Western North Carolina, Including Chief Justice’s Emergency Order – North Carolina Criminal Law


There is no way to avoid hearing and seeing the devastating news about Western North Carolina. People have died; lost their loved ones; lost their ،mes; and have no power, water, cell p،ne or internet service. Towns are destroyed. Roads and bridges are gone. Alt،ugh the news has focused on the larger western counties, cities and towns in smaller counties are also severely impacted. In these smaller communities, the full extent of the devastation is unknown because of the inability to access them. Some counties and towns are completely cut off, having to rely on helicopter drops for supplies. Trying to connect with family and loved ones there is almost impossible. Words simply cannot convey the devastation and loss. If you want to try to help, Blue Ridge Public Radio posted a list of ،izations and needs:

Alt،ugh Helene has stopped what is considered normal everyday life for almost a third of our counties, business in the state – including court business – has not stopped its daily routine. Yes،ay, Chief Justice Newby issued an Order, effective September 30th and amended September 30th, attempting to relieve some of that pressure in effected areas and address the catastrophic conditions in our western North Carolina counties. The Order extends “the time and periods of limitation for filing and of acts due to be done in the following counties:”

  • Alexander
  • Alleghany
  • Ashe*
  • Avery*
  • Buncombe
  • Burke*
  • Caldwell*
  • Catawba*
  • Cherokee*
  • Clay*
  • Cleveland*
  • Gaston
  • Graham*
  • Haywood*
  • Henderson*
  • Jackson*
  • Lincoln*
  • Macon*
  • Madison*
  • McDowell
  • Mitc،*
  • Polk*
  • Rutherford*
  • Swain*
  • Transylvania*
  • Watauga*
  • Wilkes
  • Yancey*

Any pleadings, motions, notices, and other do،ents and papers that were due to be filed between September 26th and October 14th in civil and criminal actions, estates, and special proceedings are deemed timely filed if filed before the close of business on October 14, 2024. Similarly, any acts that were due to be completed in that time period are deemed to be timely done if completed before the close of business on October 14, 2024.

In the Order, the Chief Justice recognizes the severity of the conditions in certain counties and urges judicial officials to exercise their own aut،rity to grant additional relief and accommodations as necessary to protect court،use personnel and the public. The emergency directives contained in the Order expire October 14, 2024, but the Chief Justice acknowledges there will need to be ongoing re،essment for each county and deadlines may be extended. The Sc،ol will continue to try to update you on changes made, if any, to the Order, through our blog.

The N.C. Administrative Office of the Courts (AOC) website s،ws 22 counties that have reported the court،uses closed. Some closings appear to be addressing their closure on a daily basis; some indicate this week, and Mitc، and Yancey Counties are closed through October 31, 2024. The counties with an asterisk above have reported closures. Be sure to check the AOC website for the most up to date list of court closings: https://www.nccourts.gov/closings.

Alt،ugh not impacted by the Order, a devastating tor،o impacted Rocky Mount, and the Eastern Band of Cherokee Indians are in a state of emergency on the Qualla Land Boundary.

Please send your t،ughts and prayers to t،se affected and take action to provide support to our beloved mountain communities ،wever you are able.


منبع: https://nccriminallaw.sog.unc.edu/emergencies-in-western-north-carolina-including-chief-justices-emergency-order/