Chief Justice Paul Newby Announces A Pretrial Release Task Force

Yesterday, North Carolina Chief Justice Paul Newby announced the creation of a Pretrial Release Task Force, co-chaired by the Honorable Phil Berger, Jr. Associate Justice of the Supreme Court of North Carolina, and the Honorable R. Stuart Albright, Senior Resident Superior Court Judge.  

“North Carolinians have entrusted the Judicial Branch with administering justice without favor, denial, or delay for the benefit of all North Carolina’s citizens,” said Chief Justice Newby. “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.” 

The horrific murder of Iryna Zarutska has placed a spotlight on the pretrial release policies, especially for individuals with long criminal records.  

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

In addition to Justice Berger and Judge Albright, representatives from the Judicial Branch and other relevant stakeholder groups will serve as valued members of the task force, including but not limited to: 

1. a Superior Court Judge; 

1. a District Court Judge; 

1. an elected Clerk of Superior Court; 

1. an elected District Attorney; 

1. a representative from the Conference of District Attorneys; 

1. a District Public Defender; 

1. a representative from Indigent Defense Services; 

1. at least one representative from the North Carolina Administrative Office of the Courts; 

1. at least one representative from the North Carolina Magistrates Association; 

1. at least one representative from the law enforcement community, including both Chiefs of Police and Elected Sheriffs; 

1. representatives from the bail bond industry; and 

1. victims of crimes. 

The Pretrial Release Task Force is charged with the following tasks: 

1. survey and assess our current practice and procedure regarding pretrial release among the various North Carolina jurisdictions, including any local policies; 

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

1. 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; 

1. evaluate whether these practices and procedures adequately balance the need for judicial discretion with the need for consistency in decision making; 

1. produce a guide that outlines the best practices for pretrial release to assist Judicial Branch stakeholders; and 

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

The Pretrial Release Task Force is requested to work efficiently to provide an assessment and recommendations as soon as possible, but no later than one year from the date of this order.