• Phone: (828) 254-4778
    One Rankin Avenue, Third Floor
    Asheville, NC 28801
    E-mail: info@dunganlaw.com

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James W. Kilbourne, Jr.

James W. Kilbourne, Jr.

The Dungan Law Firm, P.A.
One Rankin Avenue, Third Floor
Asheville, NC 28801

Communication Center:
Phone: (828) 254-4778
Fax:     (828) 254-6646
Email:   This email address is being protected from spambots. You need JavaScript enabled to view it.

Screen Shot 2016-11-19 at 8.53.46 AM
 
Current Employment Position(s):
Partner

Areas of Practice:
Litigation-Civil
Complex Litigation
Indian Law
Construction Law
Consulting/Statutory Drafting

Litigation Percentage:
90% of Practice Devoted to Litigation
AV® Preeminent Rated – the highest rating available from Martindale-Hubbell, the leading independent attorney rating entity.
 

Bar Admissions:

North Carolina, 1997
Eastern Cherokee, 2001
U.S. Court of Appeals 4th Circuit, 1999
U. S. Court of Appeals for the Federal Circuit, 2012
U.S. District Court Eastern District of North Carolina, 1999
U.S. District Court Middle District of North Carolina, 1999
U.S. District Court Western District of North Carolina, 2006
 
[Photo: James W. Kilbourne, Jr., touring CNN Washington Bureau after arguing in the Federal Circuit Court of Appeals]

Education:
University of North Carolina School of Law, J.D., 1997
Wofford College, Spartanburg, SC, BA in Government and History cum laude, 1993

Professional Associations and Memberships:
28th Judicial District Bar
Vice President 2016-
Executive Committee 2013-
Chair, Communications Committee 2015-2016
North Carolina State Bar
 
Appellate Rules Committee 2015-
Co-chair, MAPS subcommittee, 2016-
 
North Carolina Bar Association
Appellate Section Council 2014-
Chair, Legislative/Ethics Committee 2014-
Convention Planning Advisory Committee 2013-
Technology Committee, 2005-2011, 2013-2014
American Bar Association
Federal Bar Association,
Vice President, 2014-
Secretary 2013-2014
Western District NC Leadership Council 2012-
Indian Law Section 2002-
 
Cherokee Bar Association (Charter Member)
Supreme Court Project, Native American Rights Fund
Board of Directors, Evergreen Community Charter School, 2007-2013
Treasurer 2013
 
Seminar Presentations:

Moderator, "When a Tie is a Win: Dollar General v. Mississippi Band of Choctaw Indians and Issues of Tribal Jurisdiction for all Practitioners,"  Western District of North Carolina Federal Bar Association Annual Meeting, Cherokee, North Carolina, December 2016 (invited)

Speaker, "Technology in Law," Professionalism for New Admittees, 28th District Bar, Asheville, North Carolina, October 2016

Speaker, "Technology in Law," Professionalism for New Admittees, 28th District Bar, Asheville, North Carolina, October 2015

Speaker, "Criminal Forfeiture," Federal Criminal Defense Practice Annual CLE, Eastern District of North Carolina, Raleigh, North Carolina, April 2015

Speaker, "Criminal Forfeiture," Western District of North Carolina Federal Bar Association Annual Meeting, Cherokee, North Carolina, November 2014

Speaker, "Technology in Law," Professionalism for New Admittees, 28th District Bar, Asheville, North Carolina, October 2014

Speaker, "Technology in Law," Professionalism for New Admittees, 28th District Bar, Asheville, North Carolina, September 2013

Organizer, "North Carolina Bar Association Indian Law CLE,"  North Carolina Bar Association, Annual Meeting, Asheville, North Carolina, June 2013 

Speaker/Planner, "A New Technology Courtroom: iPad and the Practice of Law," 28th District Bar, Asheville, North Carolina, February 2013

Speaker, "Prosecuting and Defending Construction Defects Claims involving HOAs and COAs," Construction Law Hot Topics, North Carolina Bar Association, Cary, North Carolina, February 2013

Moderator, "Federal Indian Law: Jurisdictional Issues in Indian Country," NC Association of Women Attorneys, Annual Conference, Asheville, North Carolina, October 2012

Guest Lecturer, "Economic Effects of Tribal Jurisdiction," Economics of Native Americans, Wofford College, Spartanburg, South Carolina, April 2011

Speaker, "Crawford in 2011 and Beyond," Federal Criminal Defense Practice Annual CLE, Asheville, North Carolina, April 2011

Speaker, "Green Building Law Overview," Asheville Land Development Conference, Asheville, North Carolina, March 2011

Speaker, "Illegal Re-entry Cases," Federal Defenders of North Carolina, Brown Bag Seminars, Asheville, North Carolina, December 2010

Speaker, "Internet and the Law," National Association of Legal Secretaries Region 4 Education Conference, Asheville, North Carolina, July 2010

Speaker, "Maze of Injustice," 2008 Annual Meeting, American Bar Association, New York, New York, August 2008

Planner, "The Impact of the Walsh Act in Indian Country," Tribal Consultation Meeting of Native American Issues Subcommittee, Attorney General Advisory Committee, Executive Office of U.S. Attorneys, United States Department of Justice, Cherokee, North Carolina, March 2007

Speaker/ Organizer, "Nuts and Bolts of Cherokee Criminal Jurisdiction," Law Enforcement Training Session, North Carolina State Highway Patrol, Troop G, Districts V and VI, Cherokee, North Carolina, January 2007

Guest Lecturer, "Criminal Jurisdiction in Indian Country", Native American Law, North Carolina Central University School of Law, Durham, North Carolina, October 2005

Moderator, "Lessons of Katrina: Joint Disaster Planning in Indian Country," Joint Meeting of Emergency Services, Health, Social Services and Tribal Justice Committees, United Southern and Eastern Tribes Semi-Annual Meeting, Choctaw, Mississippi, October 2005

Speaker, "Recent Case Law Affecting Criminal Justice in Indian Country," Tribal Justice Committee, United South and Eastern Tribes Annual Meeting, Ledyard, Connecticut, June 2005

Moderator/ Speaker, "Building Bridges," Joint Summit of the leaders of the Judicial Branch of the Tohono O'odham Nation and Judicial Branch of the Eastern Band of Cherokee Indians, Cherokee, North Carolina, January 2005

Speaker, "Criminal Justice Issues in Indian Country", Executive Committee Meeting, National Criminal Justice Association, Charlotte, North Carolina, October 2004

Guest Lecturer, "Criminal Jurisdiction in Indian Country", Special Topics in Indian Law Seminar, University of Michigan School of Law, Ann Arbor, Michigan, November 2003

Speaker, "First Descendants and Criminal Jurisdiction", Second Annual Cherokee Legal Seminar, Legal Services of North Carolina/ Office of the Attorney General of the Eastern Band of Cherokee Indians, Cherokee, North Carolina, July 2003

Speaker, "Speaking with United Voices: Using Tribal Resources to Facilitate Prosecution Across All Three Jurisdictions," Eighth Nation Strengthening Indian Nations Conference, Department of Justice: Office of Victims of Crime, Palm Springs, California, December 2002

Panelist, "Child Protective Teams and Prosecution" Eighth National Strengthening Indian Nations Conference, US Department of Justice: Office of Victims of Crime, Palm Springs, California, December 2002

Speaker, "Domestic Violence Law in Indian Country," North Carolina Governor's Crime Commission, Asheville, North Carolina, June 2002

Speaker, "Jurisdiction and Tribal Law Regarding Domestic Violence," First Annual Cherokee Legal Seminar, Legal Services of North Carolina/ Office of the Attorney General of the Eastern Band of Cherokee Indians, Cherokee, North Carolina, June 2002

Panelist, "Solo / Small Firm Update," General Practice Seminar, North Carolina Bar Association, Cary, North Carolina, August 1999

 

Quotes and Citations in National Publications:

Wall Street Journal, "On U.S. Indian Reservations, Criminals Slip Through the Cracks," Article by Gary Fields, June 16, 2007, Page A1

ABA Journal Now, "Laws Create Tribal Justice Gap," Article by Debra Cassen Weiss, June 18, 2007 (online version)

Congressional Record, "H.R. 3093: Commerce, Justice, Science and Related Agencies Appropriations Act, 2008: Proceedings of the United States House of Representatives," Remarks of Representative Jay Enslee [Washington], July 26, 2007, Page H8640

Los Angeles Times, "Reservations Beyond the Law," Editorial by Gavin Clarkson, August 3, 2007, Page A14

Indian Country Today, "Justice Declined," Editorial by Gavin Clarkson, August 24, 2007, Page B10

Congressional Record, "H.R. 3093: Departments of Commerce, Justice, Science and Related Agencies Appropriations Act, 2008: Proceedings of the United States Senate," Remarks of Senator John Thune [South Dakota], October 15, 2007, Section 20, Page S12854

Wofford College, "Terrier Celebrity: James Kilbourne, '93," Article by Lisa Ware for Wofford Alumni Association, October 2007 (online version)

Denver Post, "Justice: Inaction's Fatal Price," Article in the Series "Lawless Lands" by Michael Riley, November 12, 2007, Page A1


Cases Reported:
78 cases in Lexis-Nexis and Westlaw