HomeMy WebLinkAboutRES-2017-028 Resolution Opposing A Proposal Before the UNC Board of Governors to Prohibit Centers and Institutes From Participating in Litigation RES-2017-028
ORANGE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION OPPOSING A PROPOSAL BEFORE THE
UNC BOARD OF GOVERNORS TO PROHIBIT CENTERS AND
INSTITUTES FROM PARTICIPATING IN LITIGATION
WHEREAS, at its March 2, 2017 meeting, the Board of Governors of the University of North Carolina
received a proposed policy that "seeks to protect the academic focus of Centers and Institutes by
restricting Centers and Institutes from participating in litigation"; and
WHEREAS, the proposed policy states that "no Center or Institute may...file a complaint, motion,
lawsuit or other legal claim in its own name or on behalf of any individual or entity against any
individual, entity, or government or otherwise act as legal counsel to any third party; or employ or
engage, directly or indirectly, any individual to serve as legal counsel or representative to any party in
any complaint, motion, lawsuit, or other legal claim against any individual, entity, or government or to
act as legal counsel to any third party"; and
WHEREAS, practically speaking, the proposal would affect only the state's two public law schools at
the University of North Carolina at Chapel Hill and North Carolina Central University; and
WHEREAS, the ability of these centers and institutes to engage in litigation specifically against state,
city, and county governments serves as a proper check and balance in our country's system of
governance, where power is allocated among the three branches of government under the Constitution;
and
WHEREAS, the UNC Center for Civil Rights —which would effectively be eliminated by the proposal
— serves the memory of the late Julius Chambers, who received his undergraduate degree at NCCU,
received his law degree at UNC-Chapel Hill, practiced law as a prominent civil rights attorney and
argued several cases successfully before the United States Supreme Court, and then later served as
chancellor at NCCU before founding the Center; and
WHEREAS, the UNC Center for Civil Rights has a goal to "represent, educate, and advocate for
minority and low-income people,principally in the American South"; and
WHEREAS, the American Bar Association requires that law schools engage their students in a
minimum of six hours of experiential learning in order to retain accreditation; and
WHEREAS, centers and institutes exist at numerous law schools across the country to provide exactly
this type of experiential learning through litigation for law students during this phase of their practical
academic training; and
WHEREAS, residents of Orange County have benefited from representation and advocacy by students,
staff, and faculty of the UNC Center for Civil Rights; and
WHEREAS, the Board of Governors is currently receiving comments on the proposal;
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners urges the
Board of Governors to reject the proposal to prohibit centers and institutes at its public law schools from
engaging in litigation.
This the 9th day of May, 2017.
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Pent'Rich, Vi.= Chair
Orange Count •and of Commissioners