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Editorials

Judicial timber

Published: Wed, Oct. 29, 2008 12:30AM

Modified Wed, Oct. 29, 2008 06:13AM

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North Carolina's Court of Appeals is what's known as an "intermediate level" court, handling appeals from civil and criminal trials across the state (except death sentence appeals, which go directly to the state Supreme Court). The appeals court has a heavy workload, and most of its decisions are final: the Supreme Court reviews only a fraction. The 15 appeals court judges, elected for eight-year terms on a nonpartisan basis, must have extensive knowledge of the law, the judgment to decide cases fairly and the ability to write clear, informed opinions that effectively guide the lower courts.

This year six Court of Appeals seats are up for election. One, that of Chief Judge John C. Martin, 64, (who has done a superior job) is uncontested. Here are The N&O's editorial endorsements in the other five contests:

JOHN S. ARROWOOD

The Charlotte lawyer, who will be 52 on election day, seeks to retain a seat he was appointed to last year. Arrowood has served on a range of civic and governmental organizations, including the N.C. Banking Commission. He's been a special Superior Court judge (briefly), a lawyer in private practice and worked on the legal staff of the Court of Appeals. In his private practice Arrowood, who holds a law degree from UNC-Chapel Hill, specialized in litigating commercial cases. He stresses his desire to administer justice fairly and without favoritism, and he has been endorsed by organizations representing both plaintiffs and defense attorneys. He has the makings of an excellent judge.

His opponent, Robert N. (Bob) Hunter Jr., also a UNC-Chapel Hill law graduate, lives in Morehead City and practices law with a Greensboro firm. In years past Hunter, 61, served as chairman of the state Board of Elections and as deputy attorney general. He is an accomplished attorney whose campaign also emphasizes fairness. But there is no compelling reason to favor him over the incumbent.

FIND OUT MORE: Visit Arrowood's Web site at judgearrowood.com.

HIS OPPONENT: Find out more about Hunter at hunterforjudge.com.

DOUG MCCULLOUGH

Incumbent McCullough, 63, holds a law degree from the University of South Carolina and has strong qualifications as a judge. He is retired from the Marine Corps, where he served as a judge advocate, among other posts. He has also been a federal prosecutor, one who boasts with justification of his record for fighting major drug criminals.

Elected to the appeals court in 2000 after a stint in private practice, McCullough has had a hand in hundreds of opinions. Recently he wrote one that effectively freed a defendant who had been convicted and sentenced after a multi-year delay that clearly violated his right to a speedy trial.

On the negative side, McCullough will need to curb a tendency toward making inappropriately partisan remarks (with a Republican tinge) when away from the bench. Endorsements from noted retired judges of both parties give evidence that he is capable of nonpartisanship.

District Court Judge Cheri Beasley,42, of Fayetteville is McCullough's opponent. Her law degree is from the University of Tennessee at Nashville. She appears to be a well-liked and effective judge, but McCullough's performance and experience merit another term.

FIND OUT MORE: Visit McCullough's Web site at re-electjudgemccullough.com.

HIS OPPONENT: Find out more about Beasley at judgecheri.com.

LINDA STEPHENS

The Raleigh resident, 57, was first appointed to the appeals court by Governor Easley in 2006 but lost her election bid in a close race later that year. Easley then named her to a second appeals court seat, which she is now running to keep. Before joining the court Stephens was in private practice with a Raleigh firm. There she became the first female president of the N.C. Association of Defense Attorneys, which has endorsed her, as has the Academy of Trial Lawyers -- a notable indication of fairness. Stephens, a UNC-Chapel Hill law graduate, previously served as a deputy commissioner with the state Industrial Commission. On the Court of Appeals she is a productive and effective judge.

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