Civil Rights Corps Sues Family Court Judge and Sheriff in Durham County, NC for Kicking CRC Out of Court, in Violation of the First Amendment

Durham, North Carolina – On November 13, 2024, Civil Rights Corps (CRC), represented by law firm Munger, Tolles & Olson, filed a lawsuit against Durham County District Court Judge Doretta Walker for her repeated and ongoing refusal to permit community members and the public, including CRC, to observe judicial proceedings relating to one of the most profound exercises of state power—the forcible separation of children from their parents. The complaint alleges that Judge Walker’s actions violated CRC’s First Amendment rights. CRC also sued Sheriff Clarence F. Birkhead for enforcing the unconstitutional orders. 

Civil Rights Corps is a non-profit law firm specializing in innovative, systemic civil rights litigation. Since its founding in 2016, the organization has filed successful lawsuits in federal and state courts around the country challenging pretrial detention practices; state and municipal policies that incarcerate people because they cannot afford debts; abusive policing, prosecutorial, and surveillance practices; and other systemic practices that are unjust and unconstitutional and that separate families. “Courtwatching is the single most effective way for CRC to learn about potential constitutional violations happening inside courtrooms,” said Elizabeth Rossi, Director of Strategic Initiatives at Civil Rights Corps. “This core function of our organization informs virtually every action we take, including whether we decide to file litigation and the specific contours of policy changes we propose.” 

In 2022, Civil Rights Corps heard from community members in Durham County, NC who had become concerned that the “child protection” system, or more accurately, the family policing system, was causing devastating harm to families and children. They reported that children were being taken unnecessarily from loving parents, abused by foster caregivers, and kept apart from their families because of poverty. In fact, data show that North Carolina removes about 5,000 kids from their homes and terminates approximately 1,200 parents’ rights every year. A 2022 report by community groups found that attorneys and families alike describe proceedings as “slow-moving” and “inefficient,” with “unrelenting continuances.” The report also noted that the Durham dependency courts often limit forcibly-separated parents and children to only one hour a week to see each other, even when the child is a breastfeeding infant.

In response to these concerns, the community has sought to monitor and speak out about the system through courtwatching, participatory defense, and more. At every turn, however, their efforts have been thwarted — protests were broken up, parents facing termination were warned not to associate with these concerned citizens, and advocates, journalists, law students, and community members were kicked out of dependency court proceedings without explanation. Courts in North Carolina are supposed to be presumptively open. But in February 2024, Chief District Judge Clayton Jones promulgated a blanket gag order in the form of a new local rule, threatening parents with jail if they spoke out about the injustices they experienced or sought family and community support. These rules mean that members of the community are unable to observe these judicial proceedings, and families involved in the proceedings are prohibited from talking about them. This means that the government is routinely taking away children during secret proceedings which no one involved can share any information about without risking being held in contempt.

“For years, the organizers, advocates, and family members have been coming to court to hold judges and the system accountable,” said Amanda Wallace, Founder of Operation Stop CPS, a Durham-based grassroots organization that works with families and community partners to resist local child welfare agencies. “But they keep kicking us out of the courtroom because they don’t want transparency and accountability. They know that if the greater community were able to see what is happening behind the courtroom doors, the harm this system is causing to children and families would come into full view.” 

The Durham community’s concerns about the dependency system and the larger North Carolina child welfare bureaucracy moved Civil Rights Corps to investigate further. For over a year, CRC attorneys and staff have been attempting to observe abuse and neglect cases in Durham.  Repeatedly, however, Judge Walker has ordered CRC to leave the courtroom, without giving CRC a chance to explain why it should be allowed to stay. Nor has Judge Walker ever made any factual findings that CRC’s presence was harmful to a child.

Civil Rights Corps is seeking simply to respond to community requests to better understand dependency court proceedings in Durham County, including how the court applies legal standards and makes discretionary decisions in cases implicating fundamental rights. CRC seeks to evaluate whether any aspects of the dependency court’s processes might be resulting in a disproportionate impact on cash-poor communities and communities of color and whether any judge’s practices raise constitutional concerns. Consistent with its general approach to investigating potential civil rights violations, CRC wants to learn as much as possible about how these judicial proceedings function, so it can discuss potential policy changes with judicial, political, and community leaders based on empirical evidence and best practices that would better allow families in Durham and North Carolina to flourish.

But Civil Rights Corps has been unable to obtain first-hand information on many proceedings because it has been repeatedly ejected from the courtroom without process or explanation. CRC now seeks to vindicate the community’s right of access to the courtroom.“Families deserve protection and safety. Unfortunately, North Carolina’s foster system is threatening that safety by forcibly separating so many poor and Black North Carolinian children from their parents,” said Erin Miles Cloud, Senior Attorney with Civil Rights Corps. “We are fighting to protect the public’s right to observe dependency proceedings because we understand that families need more community, not less.”   

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Civil Rights Corps is a nonprofit organization dedicated to challenging systemic injustice in the United States’ legal system. Through innovative civil rights litigation, advocacy, and public education, we aim to re-sensitize the legal system and our culture to the injustice and brutality that characterizes the contemporary U.S. legal system. We work to shift power to community-led movements, particularly those led by Black, brown and poor people who are most impacted by the unjust legal system, in order to create structural change.

Media Contact: Madhvi Venkatraman | Civil Rights Corps | media@civilrightscorps.org