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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA
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Page 1: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

UNITED STATES DISTRICT COURT

E A S T E R N D I S T R I C T O F N O RT H C A R O L I N A

Page 2: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

FISCAL YEAR 2014

Page 3: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.
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SHUTDOWN ORDER

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IMPACT OF BUDGET CRISIS ON THE EDNC

FY 2010 – FY 2013

ALLOTMENT RECEIVED SALARIES: -18.50 % CAPITAL GOODS: - 37.80 % TENANT ALTERATIONS: -100 % CYCLICAL MAINTENANCE: -100 % AUTOMATION: -57.34 %

Page 6: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

Click icon to add pictureCLERK’S

OFF

ICE S

TAFF

FY 2

010: 48

FY 2

014: 39

Page 7: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

LOCAL CRIMINAL RULE 44.1APPEARANCE OF COUNSEL IN CRIMINAL CASES(a)Obligation to Notify the Court. A defendant who does not

apply for representation at government expense, or who is deemed ineligible after application, must inform the court of the identity of retained counsel within 14 days of his/her first appearance before a judicial officer in this district. Retention of counsel outside this period will constitute grounds for a continuance of pretrial proceedings or trial unless the defendant demonstrates due diligence in attempting to retain counsel.

(b)Notice of Appearance. Counsel representing a defendant in a criminal action shall file a Notice of Appearance with the clerk and serve the U.S. Attorney and other counsel with a copy. The NOA should contain the attorney’s name and the name of the attorney’s law firm, phone #, and state bar #. The attorney shall also file contemporaneously a corporate affiliate/financial disclosure statement in accordance with Fed. R. Crim. P. 12.4 and Local Criminal Rule 12.3.

Page 8: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.
Page 9: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

NOTICE OF APPEARANCE

I N C O R R E C T N O A C O R R E C T N O A

Page 10: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

NOTICE OF APPEARANCE IN ASEALED CASE

FILE MANUALLY WITH THE CLERK’S OFFICE AS SOON AS POSSIBLE

Page 11: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

WITHDRAWAL OF COUNSELLOCAL CRIMINAL RULE 57.1( G)

(g) Withdrawal of Appearance. No attorney or law firm whose appearance has been entered shall withdraw his or her appearance or have it stricken from the record except with leave of the court. However, if an attorney within the same firm replaces counsel for a party, the new attorney may file a notice of substitution of counsel and the court will substitute the attorneys without order of the court.

Page 12: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

DOES MY CLIENT NEED AN INTERPRETER?

HOW DO YOU PLEAD?

À¯ÁËÀÎÁö ¹«ÁË

Culpable o inocente

Winny czy nie winny

Guilty or not guilty

Виновным или невиновным

Schuldig oder unschuldig

Page 13: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

CHARACTER LETTERS

What are the judge’s practice preferences?

Page 14: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

CHARACTER LETTERS – PREFERENCES

• Chief Judge Dever: submit 7 days before sentencing by mail or email to the case manager, Crystal Jenkins

• Judge Boyle: no preferences

• Judge Flanagan: submit 7 days before sentencing by email to the case manager, Susan Tripp

• Judge Britt: submit the Thursday prior to sentencing by mail or email to the case manager, Keah Marsh; 10 -page limit

• Judge Fox: no preferences

• Judge Howard: fax or mail to chambers directly the Wednesday prior to the term of court

Page 15: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

EXAMPLE

“Enclosed (or attached) please find two reference letters for Defendant Adams who will come before Judge Flanagan for sentencing on January 1, 2014, at 1:30 p.m. An index for the letters is included.”

Page 16: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

WAIVERS OF DETENTION

The magistrate judges are allowing waivers of detention prior to court so that a court appearance is not necessary.

Page 17: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

HAVE I DOCKETED THE MOTION CORRECTLY?

Page 18: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA.

BE CAREFUL ABOUT CUT AND PASTE

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