Tuesday, October 21, 2008

Judicial Races

I received an email from an acquaintance explaining their inside view of the judicial races that will appear on our ballots. This will be an anonymous post, but I would like the readers here to know that this person has been a lawyer in our community for over 20 years in the state and federal trials & appellate courts, this includes work in the US Supreme Court.

The following is an excerpt from the email explaining some opinion on the races.

I'm going to comment only on those candidates that I know professionally and/or who I've appeared before. Party affiliation is irrelevant to me, as it is supposed to be for everyone; judges in NC run as non-partisan. Regretfully, each major party runs its own campaign to promote their candidates solely on party lines. That is too bad, because whether a person is a Republican or a Democrat does not ensure that person is qualified. Hopefully, the day will soon come when we use some other means of choosing our judges other than by election.

My recommendations:

Bob Edmunds, Candidate for re-election to the NC Supreme Court. I've known Bob for years and his credentials are stellar. I've lost count of the number of times I've appeared in front of Justice Edmunds (and the other justices) at the NC Supreme Court. He is professional and always courteous to the attorneys appearing before the Court. He is, by far, one of the most intelligent, knowledgeable, and fair justices I've encountered. I strongly endorse him for re-election to the NC Supreme Court.

James Wynn, Candidate for re-election to the NC Court of Appeals. In my opinion, but for his race, James Wynn would be sitting on the Fourth Circuit Court of Appeals or would have remained Chief Justice of the NC Supreme Court. Nonetheless, we are very fortunate to have him on our Court of Appeals. He is incredibly intelligent and knowledgeable, and one of the best jurists ever to sit on any of our courts. He has a brilliant analytical brain and even when he rules against someone, the logic is so clear, one almost agrees with him! I've appeared before him at both the NC Supreme Court, where he sat for a short time, and at the NC Court of Appeals. He is one of the best and I highly endorse him for the NC Court of Appeals.

Linda Stephens, candidate for re-election to the NC Court of Appeals. Judge Stephens served many years as a District Court Judge in Raleigh. Her performance on the Court of Appeals has been absolutely stellar. She is brilliant, hard-working, and treats all that come before her quite professionally. (I assure you this has not always been the case with all the judges, whether at the trial court level, the Court of Appeals or the Supreme Court.) I highly endorse her for re-election to the Court of Appeals.

Sam Ervin, IV, candidate for the NC Court of Appeals. I've known 'Jimmy' for years and years when he used to do death penalty work. He is from Morganton, NC and has an impeccable reputation for working hard and for his brilliant mind. When he was still in private practice, Jimmy would always be willing to help analyze the law or the facts in any death penalty case that any attorney needed help with. He is very intelligent and I have no doubt will do an excellent job on the Court of Appeals. I highly recommend him.

District Court Judge, New Hanover County.

Sandra Ray Criner, candidate for re-election to District Court Judge. I've known Sandra Criner since she graduated law school and started working in the District Attorney's office here in Wilmington. We were on opposite sides in many cases and she was always prepared and always treated defense counsel with the utmost courtesy. She is one of the most hard working and one of the smartest judges we have. As she did when she was an assistant District Attorney, she continues to treat all who her enter her courtroom---attorneys, defendants, and witnesses--with courtesy and respect. Her rulings are grounded in law and she is a fair jurist. She is by far the most qualified candidate for this seat.
This is probably the best information that I have received on these particular races wince it is succinct and comes from a source that I trust.

I would however like to add some information that I have found on Sandra Criner's opponent at this time. He opponent is Joy Alford-Brand who is a Democrat and has been a practicing attorney for 9 years, 3 years as an ADA and currently the Felony Domestic Violence Prosecutor. According to her web-site:

I stand for:

· Safe families and neighborhoods

When the law is applied accurately and efficiently, criminals have fewer opportunities to commit more crimes. That means the streets we drive on are safer for our children, friends, families and loved ones. When we address crimes of domestic violence in our neighborhoods that means the cycle will be broken and our children will be protected. Safer families equal safer neighborhoods.

· Fair and prompt Justice for all

The role of a District Court Judge is to seek justice. They must hear each case that comes before them and decide whether or not the Defendant is guilty or innocent. They must be fair and just when deciding whether a Defendant is guilty or innocent. If the Defendant is found guilty or pleads guilty, the Judge must sentence that Defendant fairly and accurately. The sentence must match the crime and everyone must be treated equally.

· Better use of resources and tax dollars

Justice delayed is justice denied. We have a limited amount of resources in our court system to handle 70,000 cases that are charged each year. We need to make the best use of those resources which means hearing cases when they are scheduled to be heard. It also means making sure that Defendants are held accountable for not coming to court. Finally, it means working a full day for a full day’s pay. When the system is functioning correctly and efficiently, victims have a better chance to be heard and given justice.

· Respect.

Our District Courtrooms are courts of law that should be respected. Those of us who are elected should have respect for our legal system, the law, and all individuals who appear before us whether they be defendant, victim, defense attorney or prosecutor. I will treat everyone who appears before me with respect.

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