Charlotte NC Family Attorney Gregory Hunt

James H. Pou, 1861-1935

James Hinton Pou, lawyer, politician, and Raleigh land developer, was born in Tuskegee, Ala., the middle son of Edward William and Anna Maria Smith Pou of Johnston County. The family moved to a farm in Johnston County that Pou’s mother had inherited shortly after the Civil War. The elder Pou had studied classics at the University of Georgia and then became a lawyer. Pou’s older brother, Edward, attended The University of North Carolina and the Law School, but James was educated at home. In the period of Reconstruction politics Pou emerged as an active, articulate Democrat and served three terms in the General Assembly: in 1885 as a representative and in 1888 and 1892 as a senator. 

Pou moved to Raleigh in 1898, and it was from there that he gained fame for his skills in criminal trials. In 1905 Pou became a member of the board of the Raleigh Electric Company. The motives that prompted Pou’s involvement in suburban development undoubtedly grew from his abilities as a practical man of business, but that involvement had a profound effect on the physical and visual development of Raleigh. In 1906 the Glenwood Land Company with Pou as its president opened for development the first important planned early twentieth-century suburb in the capital city. In 1911 Pou was head of the firm that created and promoted Bloomsbury and was then involved in Hayes-Barton, the next important suburb in northwestern Raleigh. 

Pou’s fame as a trial lawyer derived from his involvement in a series of famous cases including the Cole murder case in Rockingham County, the Peacock case in Johnston, the Lawrence case in Chatham, and the Libby Holman Reynolds case in Forsyth. Pou practiced law briefly with Senator Furnifold Simmons, with Fuller Staples, with his son-in-law, Josiah W. Bailey, and with his son, James H. Pou, Jr. Pou married Annie Walker of Asheboro in 1889 and they had two children: James H., Jr., and Edith Walker, who married Josiah Bailey. 

Keywords: [“Pou”,”Raleigh”,”case”]

What Is a NC ex-parte emergency child custody order and hearing? « NC Fathers Rights

Before we discuss what a NC ex-parte emergency child custody order and hearing is, please keep in mind that the author of this note is NOT a NC lawyer, and NC Fathers is NOT a law firm. In NC, an ex-parte order as it relates to child custody is simply a order a Judge gives for emergency reasons to a litigant based solely on their testimony or lawyer’s fact giving to the Judge. If the Judge signs the order, law enforcement will immediately be dispatched to where the child is, the child will be removed, and given to the other parent who filed the ex-parte. If there is not substantial evidence presented to a Judge when a lawyer requests the ex-parte, a Judge will likely ask the lawyer to contact NC DSS or law enforcement to go that route. If a ex-parte is granted, there is by law a hearing ten days later where the NC Judge will hear BOTH sides and decide if the ex-parte should stay in effect or not. 

If during the ten day hearing a Judge maintains the ex-parte then child custody is reversed until/if another petition is filed. A custodial parent can also file a ex-parte order to stop court ordered visitations. Some things to consider and why NC Judges further dislike ex-parte’s in our opinion. Some Judge’s feel compelled to sign an ex-parte because they feel like if they don’t give an order, and a child gets hurt or dies, it is 100% on their shoulders. If they do and it turns out ten days later the information given to them at the time of the request for the order is not true, they caused great trauma to a child and parent for no reason and we feel like many times a Judge will hold the lawyer and litigant who sought the ex-parte accountable and not be happy with them. 

Again, in our opinion, if you are considering filing a NC ex-parte against another parent, you should hire a lawyer because he/she is the only one that can file and talk to a Judge. If a Judge issues a NC ex-parte order, you only have 10 days to hire a lawyer and prepare your case. 

Keywords: [“ex-parte”,”Judge”,”order”]

Eugenics in North Carolina

Over 8,000 sterilizations were approved by the Eugenics Board of North Carolina. In 1929, The North Carolina General Assembly passed a new sterilization law. The passage of the 1929 sterilization law made North Carolina the 17th state out of 33 to pass one. Under the sterilization law, the North Carolina General Assembly gave the governing body or executive head of any penal or charitable public institution the authority to order the sterilization of any patient or inmate whose operation they considered would be in the best interest of the individual and of the public good. In 1933, under the new law, the General Assembly created the Eugenics Board of North Carolina to review all orders for sterilization of mentally diseased, feeble-minded, or epileptic patients, inmates, or non-institutionalized individuals. 

Few sterilizations occurred in the 1930s in North Carolina because the Great Depression resulted in funding crises that didnt allow for sterilization to occur in full force in the South. The fight against poverty in North Carolina led to sterilizations in the general population. At the University of North Carolina State Public officials from the department of sociology searched for any possible people eligible for eugenic sterilization. Eventually through their efforts and the upholding of the states sterilization law North Carolina eve managed to sterilize the non-institutionalized. In 2003 North Carolina was one of the first states to repeal the eugenic sterilization laws. 

In April 2003, the sterilization law was unanimously voted to be overturned by the North Carolina Senate. After extensive efforts by organizations such as the Office of Justice for Sterilization Victims, the states NAACP, and legal clinics by the University of North Carolina Center for Civil Rights to spread the word about compensation to victims of eugenic sterilization, the number of claimants reached a number close to 800 until the cutoff date of June 30, 2014. 

Keywords: [“sterilization”,”state”,”North”]