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dirtydeed

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A little late for valentines' day, but here ya go...:ROFLMAO:

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Henro

Henro

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GreensvilleJay said:
I'd like to know why 'Person in Active Military Service' is important ?
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Not sure about that, but I wonder if there’s a rule about where you have to pull over? I heard that it’s important to pull over in a position that’s not dangerous.

Maybe the guy was trying to kill two birds with one stone? Hungry and safe.
 
NCL4701

NCL4701

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GreensvilleJay said:
I'd like to know why 'Person in Active Military Service' is important ?
Click to expand...
The SCRA changes some of the usual rules regarding court appearances in civil cases. I’m not nearly as familiar with the implications for criminal infractions other than to be aware there are also some implications for minor criminal offenses such as traffic tickets. Maybe someone has more info on the criminal side.

Somewhat infamously, a NC judge presiding over a divorce case (which of course is civil) ran afoul of the SCRA and was rather strongly censured by the NC Supreme Court a few years ago. I recall at the time it wasn’t clear whether she would be removed from the bench or even disbarred, neither of which happened, but it was enough of a kerfuffle to get the attention of everyone from magistrates to appellate judges.

The defendant husband in her case had an attorney who appeared on his behalf, but the defendant husband was on active duty in Korea on a multi-year deployment with some sort of intelligence operation. His attorney presented documents from his commanding officer verifying this, but didn’t say exactly what he was doing other than that it was of national security importance and he would not be available to return prior to the end of his tour of duty. There was some back and forth correspondence where the judge said it wasn’t enough for the CO to say he couldn’t return, she had to know exactly what he was doing to determine whether it was reasonable for him to return. The CO said as a matter of national security he couldn’t divulge the defendant husband’s mission. The judge, in a rather scathing ruling, excoriated the defendant for not appearing in court to resolve the divorce, gave his wife full custody of the kids and virtually all their assets even though that was far more than she had demanded. His attorney appealed, military weighed in with friend of the court briefs submitted to appellate courts, etc. The judgement was set aside, and the judge got torn up bad (as she should have).

After all that settled out, plaintiffs filing civil actions in NC had to submit evidence of at least a reasonable attempt to determine the defendant’s military service status at time of filing. Charging officers of the court (cops and magistrates issuing criminal charges) had some similar requirements, at least for lower level charges. Again, I’m not very familiar with the details on the criminal side, but that’s the reason for that check box on the traffic infraction form.

NC Judge Reprimanded For SCRA Non-Compliance | SCRACVS

A North Carolina judge was recently publicly reprimanded by the state Supreme Court for her SCRA Non-Compliance.
www.servicememberscivilreliefact.com www.servicememberscivilreliefact.com

In re Branch, 367 N.C. 733 | Casetext Search + Citator

Read In re Branch, 367 N.C. 733, see flags on bad law, and search Casetext’s comprehensive legal database
casetext.com
 
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