Questioning Mentors

By MaryJane Richardson

Most new lawyers fall into one of two types. The first type knows that, although they worked hard and learned a lot in law school, they know very little about the actual practice of law. The second type consists of those who not only know everything but will also tell you they know everything. But no matter how great a new attorney is (or thinks he/she is), a new attorney can always benefit from the advice and guidance of a mentor.

In my experience, finding a good mentor and being a good mentor usually start with something lawyers are quite familiar with – asking the right questions.

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Two Administrative Law Podcasts to Listen to Today

Pull out your ear buds. Now you can listen and learn about administrative law. There are some pretty interesting podcasts about administrative law out there. Here are two examples of groups putting out administrative law podcasts. If you know of more, please share them by putting a note in the Administrative Law forum.

1. “A Hard Look”

“A Hard Look” podcasts are from the ABA’s Administrative Law Review, published by students at American University Washington College of Law and the ABA Administrative Law & Regulatory Practice Section. Here are four samples (they also provide the transcripts):

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Greetings from the New Section Chair

By Nahale Freeland Kalfas

Greetings Administrative Law Section Members –

It is my honor to serve this year as chair of the Administrative Law Section that has provided me with collegiality and useful information throughout the years. There is no doubt that this coming year will continue to be an opportunity to further refine our ability to counsel creatively, develop new skills, and pivot for our clients in challenging times. It is my hope that our section will continue its robust level of discussion and content with committee reports, discussion boards, blog posts and CLEs. I also hope that we can reach out to our colleagues newer to practice to provide both formal and informal mentorship opportunities, learning as much from them as we teach.

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Court of Appeals Cases of Interest This Week

This week, the Court of Appeals offered two opinions of interest to administrative law practitioners.

Powell v. Cartret, July 20, 2021, Court of Appeals, COA20-406 (Judge Allegra Collins), Published.

Error to subject records under N.C. Gen. Stat. 58-10-430 to subpoena; no error to subject records under N.C. Gen. Stat. 58-30-62 to subpoena.

Although on its face, it appears to relate solely to the insurance statutes, some of the language has potential for broader application. The court bases its decision in part on the lack of specific language requiring that the requested records be provided on order of a court with jurisdiction.

Wynn v. Frederick, July 20, 2021, Court of Appeals, COA20-472 (Judge Fred Gore), Published.

Sovereign immunity, judicial immunity, and interlocutory appeal

Finds sovereign immunity is waived with regard to magistrates because they are “other officials” under the law in question, and, that judicial immunity is inapplicable.

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President Biden Weighs in on Occupational Licensing

By Jeffrey P. Gray

Opposition to the licensing of occupations and professions is not a partisan issue. It is a philosophical one. The advocates for change, reform, or outright elimination come from all sides.

The first U.S. President to address the issue was Barack Obama when in 2015, the White House released a seventy-six page report prepared jointly by the Department of Treasury Office of Economic Policy, the Council of Economic Advisors, and the Department of Labor: “Occupational Licensing: A Framework for Policy Makers.” President Donald Trump talked about it, but little to nothing was done. While some commentators have opined that the former president’s only initiative was to undo everything Obama set in place, the one area the two agreed on – and a policy Trump embraced – was “fixing” occupational licensing. Within months of his appointment in July 2017, then Labor Secretary Alexander Acosta called on state lawmakers to repeal licensing laws.

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New Law Clarifies Pro Hac Vice Practice Before Administrative Agencies

The General Assembly has amended Chapter 84 to clarify how out-of-state attorneys may apply to practice pro hac vice before the Utilities and Industrial Commissions and OAH, and any other administrative agencies. S 277 (SL 2021-60). Ret. & Treasury Tech. Corrections Act Of 2021. The governor signed the bill on Monday, June 28. It is effective on July 1, 2021. The change:

1.  Specifies that the out-of-state attorney must apply to the relevant forum for permission to practice pro hac vice, and

2.  Specifies that the out-of-state attorney must direct the $225 fee to the administrative agency head. The agency does not keep the fee, but instead must then send $200 to the treasurer for support of the courts and $25 to the State Bar to support regulation of out-of-state attorneys practicing in North Carolina.

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Judge Mann Appoints New Codifier of Rules

Chief Administrative Law Judge Julian Mann III appointed Ashley B. Snyder as the Codifier of Rules effective July 1, 2021. The Codifier enters rules into the North Carolina Administrative Code, publishes the North Carolina Register, and reviews emergency rules. In addition, the Codifier serves as the Director of APA Services by managing and directing the Rules Division. The Division provides legal and administrative support to the Rules Review Commission and publishes the North Carolina Register and North Carolina Administrative Code. Ashley will replace Molly Masich who retired Jan. 1 after 41 years of service to the state.

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No Ordinary Soldier, No Ordinary Judge – An Interview with Judge Donald W. Overby

By Melissa Lassiter

This second piece in a series of interviews with recently retired administrative law experts and practitioners will give you insights from the perspective of a recently retired administrative law judge.

In 2016, after three years of pecking at the computer, Donald Wayne Overby finished and published his book, “Just Ordinary Soldiers – Recollections of a Cold War Vet.” From being drafted, “I’ve been drafted! . . . Well, dammit!”[1], to being inducted and trained as an infantry Army soldier, Overby details the experiences he and his fellow Army buddies lived and pays homage to those with whom he served and developed lifelong relationships. Overby achieved the rank of sergeant in just 18 months.

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A Former General Assembly Insider’s Viewpoint – An Interview with Recently Retired NCGA Division Director Karen Cochrane-Brown

By Nahale Freeland Kalfas

There are times when administrative lawyers wish they could get the “scoop” from General Assembly insiders – to help them understand how to improve why things happen and what can be done. This interview with recently retired General Assembly attorney Karen Cochrane-Brown may offer practitioners some of those wished-for, useful insights.

Karen Cochrane-Brown retired from the North Carolina General Assembly on August 1, 2020. This article is based on an interview conducted earlier this year. As Cochrane-Brown was one of the first legal leaders I met when coming into the practice of Administrative Law, I was particularly excited to spend some time chatting with her.

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Yes, There is a Positive Side to Occupational Licensing – A New and Helpful Resource

By Ann Wall

If you have practiced administrative law in the last ten years, you know about the movement to deregulate occupational licensing. You have heard the many “licensing – bad, deregulation – good” arguments. Until now, there has not been an accessible legal resource for the opposite approach, “the licensing is good for society” side of the argument. Indeed, that side of the argument was often and publicly disparaged.

Thanks to Jeff Gray, longtime Admin Law Section member and former Section Chair, his new Campbell Law Review article changes that:

In Defense of Occupational Licensing: A Legal Practioner’s Perspective.  

This article should be a “must read” for all administrative law practitioners. It includes actual research results as well as a history of occupational licensing and opposition to it. It addresses and counters each of the arguments of occupational licensing opponents.

Jeff has 20 years of experience representing and advising occupational and professional licensing boards, as well as licensees of the boards. That practical experience shows throughout the article, undergirding  and enhancing the usual law review footnotes and citations.  Jeff’s personal, experience and research-based comments make the article useful and easy to read.

I recommend that you take the time to read this article.

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