Editorial:
Published: Oct 20, 2006 12:00 AM
Modified: Oct 20, 2006 03:31 AM
In the Tar Heel State, the most contentious law is what the seven justices of the N.C. Supreme Court say it is. Who the justices are, though, is up to the voters and, on Nov. 7, a majority of justices will be selected for eight-year terms.
Chief Justice Sarah Parker is running to keep the job that Governor Easley appointed her to earlier this year. So is Associate Justice Patricia Timmons-Goodson, who was named to Parker's prior seat. Two judges presently on the state Court of Appeals are vying for the seat that will come open with the retirement of Associate Justice George L. Wainwright Jr., and Associate Justice Mark Martin is running for a second term on the court. All four races are contested but nonpartisan.
Daily, the high court reviews the work of other judges, and, for all who sit on death row, its decisions are a life-and-death matter. Beyond a deep knowledge of the law and sharp analytical skills, the justices must apply the wisdom that comes from experience. As a group, it's important for the justices to identify with people of many backgrounds.
After interviewing many of the candidates and reviewing their records, The News & Observer offers its editorial endorsements, on Sunday in the chief justice race, and today in the associate justice races:
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Robin Hudson, 54, of Raleigh was the first woman elected to the state Court of Appeals without first having been appointed to a seat. During her seven years on the court, Hudson has built a reputation for thorough preparation and articulate, forthright discussion of legal issues. Her talents are well-suited to the demands of the appellate bench, with its heavy emphasis on research and writing. Broad appellate experience in private practice adds to her credentials. She has degrees from Yale University and the University of North Carolina at Chapel Hill School of Law.
Her opponent, Ann Marie Calabria, 59, of Morrisville also is a Court of Appeals judge. She was elected four years ago after serving on the Wake County District Court bench. Calabria's six years on the lower-level trial court provided her with insight into the operations of another important branch of the justice system. She was educated at Fairleigh Dickinson University in Teaneck, N.J., and Campbell University School of Law in Buies Creek.
Calabria is running for the Supreme Court out of a desire to see cases expedited. She's concerned that children are staying in foster care too long while legal issues in abuse, neglect and dependency cases are sorted out in the courts. She describes herself as a judicial conservative, although she properly emphasizes that she is bound to follow the law in all cases, personal views notwithstanding. If Calabria is defeated in this race, she will remain on the Court of Appeals.
Hudson says that she would bring no agenda to the high court, striving to be impartial as well as reasoned and clear in the opinions she writes. Her record during eight years on the appeals court bears out her ability to meet those standards. Considering both her experience and performance, she shapes up as the better choice.
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Patricia Timmons-Goodson, 52, of Fayetteville was a Cumberland County District Court judge for 12 1/2 years before former Gov. Jim Hunt appointed her to the appeals court in 1997. She won election to a full term the following year. In 2002, Timmons-Goodson served on the first appellate court panel of three black female judges in the state's history, but she has a reputation for being colorblind in her decisions. She graduated from UNC-Chapel Hill and UNC's law school.
Her opponent is Eric Levinson, 39, of Charlotte. He was a prosecutor and a District Court judge before winning election to the Court of Appeals four years ago (his term on that court continues if he loses next month). Known for being a stickler about the law, Levinson is bright and productive, a comer. He holds degrees from the University of Georgia and UNC law school.
Levinson faults the present Supreme Court justices for issuing an increasing number of perfunctory up-or-down opinions without explanation. Lower court judges need more guidance, and he believes he could help make that happen. Having a justice advocating for more detailed opinions undoubtedly would help.
Timmons-Goodson says she has voiced many of the same concerns as Levinson. After nine months as an associate justice, though, she's less sure and intends to do more study before coming to a conclusion. That style of deliberate patience, born of longer legal and life experience, helps give Timmons-Goodson the edge against a strong opponent.
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Mark D. Martin, 43, of Raleigh was the youngest justice in the Supreme Court's history when he took the oath in January of 1999. He's still younger than all but one candidate for the high court, but his distinguished track record tends to silence the doubters. Martin held court in 28 counties as a Superior Court judge, served four years on the appeals court and has participated in 600 opinions on the high court. He has degrees from Western Carolina University and the University of Virginia and UNC law schools.
His opponent, Rachel Lea Hunter, 44, of Cary is so lacking in experience for this job that she attempted to use the nickname "Madame Justice" on the official ballot. She spent 12 years of her legal career as a law clerk in Pennsylvania, before being admitted to the North Carolina Bar four years ago. Fortunately, the state elections board denied Hunter the opportunity to mislead voters. Martin is the real justice and should remain so.
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