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Agenda - 12-15-1998 - 8o
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Agenda - 12-15-1998 - 8o
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8/7/2009 12:42:15 PM
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BOCC
Date
12/15/1998
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8o
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Minutes - 19981215
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\Board of County Commissioners\Minutes - Approved\1990's\1998
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2 <br />The plan has been that such services would be provided by the District <br />Attorney's office. To this end, the contract states: "The Sheriff's <br />Department is entitled to and provided advice and counsel concerning <br />such matters [criminal actions] from the District Attorney of the judicial <br />district wherein Orange County lies as provided in North Carolina <br />General Statutes 7A-61." <br />Current Practices for Legal Support Services <br />Over time the Sheriff's Department has experienced an increasing <br />volume of criminal action related issues and questions requiring legal <br />support. At the same time staffing and caseloads in the District <br />Attorney's office have limited the support available. <br />The types of legal support that have been needed include functions not <br />covered by the District Attorney under the General Statutes as outlined <br />in Items 1 through 4 below. Functions covered by the District Attorney <br />under the General Statutes as outlined in Items 5 through 7 below are <br />functions for which only limited staff support has been available. <br />1. Advice on correct process and procedure in such matters as child <br />custody orders, domestic violence, restraining orders, involuntary <br />commitments, collections of judgements and the like, including <br />drafting and interpreting custody and restraining orders. <br />2. Drafting policy and procedure from the perspective of legal process. <br />3. Assisting with the preparation of court cases and presenting these <br />cases to the District Attorney. <br />4. Providing legal input on how to reduce liability before and after an <br />incident <br />5. Review and advice on changes in criminal law and procedure such <br />as the new mandates on sex offender registration. <br />6. Advising on pre-arrest matters such as search warrants and <br />otherwise assisting deputies in police law. <br />7. Researching, analyzing and interpreting legal issues and preparing <br />necessary documentation and recommendation for action. <br />The Sheriffs Department currently has an employee, Domestic <br />Violence Coordinator Virginia Hudson Fuller, who has a law degree and <br />legal experience. Because of her qualifications she has been providing <br />part time legal support to the Sheriff in addition to her domestic <br />violence duties. These legal support duties include the functions <br />outlined above. Presently, the domestic violence duties constitute <br />
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