Special to IFN

RALEIGH – N.C Supreme Court Chief Justice Paul Newby on Thursday announced the formation of a Pretrial Release Task Force.

The task force will conduct a comprehensive statewide review of pretrial release and the pretrial release practices and policies employed in each of the jurisdictions within the state. 

“North Carolinians have entrusted the Judicial Branch with administering justice without favor, denial, or delay for the benefit of all North Carolina’s citizens,” Newby said. “In administering justice, public safety is of the utmost concern. When our citizens feel safe, they thrive physically, relationally, economically, and spiritually.

“It is my priority to ensure that we, as a Judicial Branch, execute our responsibilities well and strive continuously to improve our efforts to administer justice,” he added.

The task force will be co-chaired by Phil Berger, Jr., associate justice of the N.C. Supreme Court, and R. Stuart Albright, senior resident Superior Court judge.

“I agree with the Chief Justice that the practices and procedures of pretrial release should comply with the law and adequately protect the public,” Berger said. “I believe this review is both necessary and urgent. This task force is genuinely committed to seek reform where necessary.”

To accomplish its mission, the Pretrial Release Task Force will:

♦ Survey and assess current practice and procedure regarding pretrial release among the various North Carolina jurisdictions, including any local policies;

♦ Evaluate whether these practices and procedures comply with N.C.G.S. § 15A-534 and other relevant statutory provisions;

♦ Compare the current statutory framework for pretrial release decision making with the twin priorities of public safety and the protection of victims and consider whether the current framework adequately protects the public;

♦ Evaluate whether these practices and procedures adequately balance the need for judicial discretion with the need for consistency in decision making;

♦ Produce a guide that outlines best practices for pretrial release to assist Judicial Branch stakeholders; and

♦ If needed, make recommendations for legislative consideration to reform the practice and procedure of pretrial release.

Task force members will be appointed by Chief Justice Newby.

In addition to Berger and Albright, representatives from the Judicial Branch and other relevant stakeholder groups, including law enforcement and victims of crime, will serve as valued members of the task force. The group will work efficiently to provide an assessment and recommendations as soon as possible, but no later than one year from now.