Several candidates for the Supreme Court of North Carolina discussed their qualifications and vision for the state judicial system at an Oct. 13 Elon Law forum.
Elon Law Dean Luke Bierman moderated the forum. He noted in welcoming remarks that the forum aligned with Elon Law’s experience-based approach to legal education by connecting students to attorneys, leading judges of the state and important issues facing the judiciary.
In opening remarks and in response to questions from both Bierman and members of the audience, the candidates in attendance underscored their experience as judges and attorneys as key qualifications for election to the state’s top court.
North Carolina Supreme Court Chief Justice Mark Martin, who is on the ballot to continue as chief justice, emphasized that he is the only active member of the state judiciary with experience on the Supreme Court, Court of Appeals and Superior Court, reflecting more than 20 years of judicial service. He also noted that he is the only candidate for chief justice to have authored an appellate decision, having authored more than 400 appellate decisions.
“Experience is the best teacher, whether you work at a law school, a nonprofit or a business, you don’t put the person who is arriving the first day in charge, and we know that as North Carolinians,” Martin said. “The chief justice leads the court and should be an experienced member of the court.”
Judge Ola Lewis, also running for chief justice, is the Senior Resident Superior Court Judge for District 13 B, having served in this position since 2003. She has served as an assistant district attorney and a law clerk to an attorney in private practice. On the question of experience, Lewis encouraged the audience to consider breaking the state’s tradition of electing chief justices with experience on the Supreme Court.
“Don’t be afraid, dare to be different,” Lewis said. “I thank goodness that we live in a state of firsts. First in flight, first to drink a cold Pepsi-Cola from a fountain in New Bern and hopefully first to elect a chief justice who did not first serve on the North Carolina Supreme Court.”
Lewis noted that the U.S. Supreme Court has included justices without prior court experience and also pointed to her development of therapeutic courts in Brunswick County as evidence of leadership in the judiciary.
Justice Robin Hudson, running for re-election to the North Carolina Supreme Court, emphasized her depth of experience.
“I am the only one in my race who has actually been serving on the Supreme Court for the last eight years and appeared before that court dozens and dozens of times as an attorney, including arguing before the court more than fifty times,” Hudson said.
Justice Hudson’s opponent in the race, Eric L. Levinson, currently Resident Superior Court Judge for District 26, was unable to attend the forum.
Judge Sam J. Ervin IV of Morganton, N.C., said that if his time on the North Carolina Utilities Commission were counted as judicial experience, then he would have more years of judicial experience than his opponent, Judge Bob Hunter of Greensboro, N.C., who was unable to attend the forum. Ervin said the two biggest challenges facing the judicial system in the state were court funding and the politicization of judicial elections.
“I find the greater reliance on fees to fund the judicial system very troubling,” Ervin said. “People who have an interest in politicizing judicial elections are becoming more and more involved in the judicial system.”
Judge Lewis indicated that if she were elected chief justice, the Supreme Court would take on more cases each year than it does currently.
“Our Supreme Court has to make the tough calls,” Lewis said. “Our chief justice needs to be an individual unafraid to make the tough calls.”
Justice Martin said he would work to advance the seven parts of his “Administration of Justice Plan for NC.”
“Clearly, the fair, impartial and independent administration of justice is the only goal of a court system,” Martin said. “If we are not achieving access to justice, we have failed as a people, and so my belief is that we use innovation to meet these needs. We can do it. Change is coming to our courts. We are going to take steps to strengthen our courts. The question is, who is best to lead this change.”
Concluding the forum, Dean Bierman noted that the judiciary’s role in preserving the rule of law remained essential and that the audience’s engagement in the forum reflected their recognition of the judiciary’s importance.
“Judicial elections often reflect participation rates that are below those of other elections, so to demonstrate your interest and your commitment to an independent and accountable judiciary is very important,” Bierman said. “I commend you for doing that.”
Elon Law continued to explore matters raised at the forum on Oct. 14, in a debate about whether judges should be appointed or elected, featuring Elon Law Professors James G. Exum, Jr. and Scott Gaylord. Exum is a former chief justice of the North Carolina Supreme Court and one of three former chief justices who are founding members of Elon University’s Law School Advisory Board.