I was going to begin this discussion of North Carolina’s primary for state appeals court by saying that campaign reforms enacted last year by the General Assembly had failed to accomplish their objectives of improving judicial elections in our state. But then it hit me: the reforms have done what many if not most of their advocates really wanted to do, which was weaken the chances for Republicans and conservatives to be elected to high judicial office.
The reform package was supposed to eliminate “special interest” influence over candidates for North Carolina supreme court and court of appeals by offering public financing via voluntary means such as a check-off on state income taxes and a contribution system for the state’s attorneys. And to ensure that judges wouldn’t be swayed by partisan politics, the bill also stripped party labels off the statewide ballot in these races.
Both actions actually serve to increase the influence of special interests on judicial elections, since in a low-dollar, low-visibility race the effect of organized groups in the legal arena, such as trial attorneys, is heightened. Without the ability to raise significant sums and advertise their candidacies and philosophies, judicial candidates are left with little more to do than fill out a questionnaire for a bland, generic mailer to voters and then hope for some faint name recognition among some voters. Meanwhile, voters who in the past at least could bank on a candidate’s party label as conveying some useful information — Republicans being perceived as generally more conservative on law-and-order issues, for example — now have virtually nothing to go on. Many just won’t vote at all, which will increase the electoral punch of the aforementioned groups who can get the word out through email and other means to their membership about whom to vote for.
If reformers really believed, as I do, that we should probably appoint rather than elect our appellate judges, then they should have worked to effect this change in law, even if it promised to take a while. What we have now is the worst of both worlds: elections that are designed not to engage, not to inform, and not to offer true political competition.
Let’s give it a try, anyway. On July 20, there will be only one statewide judicial primary. Four candidates are running for the seat on the court of appeals previously vacated by Chief Judge Sid Eagles and filled by Democrat Alan Thornburg. He is, indeed, one of the candidates. The other Democrat is Marcus Williams, and the two Republicans are Marvin Schiller and Barbara Jackson.
Alan Thornburg of Asheville was appointed to this seat earlier this year by Gov. Mike Easley. He is the son of former Attorney Gen. Lacy Thornburg and was as an aide to the late Sen. Terry Sanford and a clerk for Judge Sam Ervin IV. Thornburg has been endorsed by the state’s Democratic establishment, including Easley, former Gov. Jim Hunt, former Chief Justice Burley Mitchell, and interest groups such as the AFL-CIO. A signature phrase in his stated philosophy is “impartiality.” His website is AlanThornburg.com.
Marcus Williams of Lumberton has spent about a quarter of a century in the legal profession, much of it as a legal-services attorney for several different nonprofits. Williams is a former member of the board of trustees at UNC-Wilmington and of the board of visitors at UNC-Chapel Hill. His website is MWWin.com.
Marvin Schiller is a Republican attorney and scholar in Raleigh who helped win some key government pension and disability cases on behalf of state and local employees. Perhaps not surprisingly, he’s been endorsed by the State Employees Association of NC, the NC Association of Educators, and the Police Benevolent Association. He advocates strict interpretation of the state’s laws and constitutions and clarity in judicial decisions. His website is SchillerforJudge.com.
Republican Barbara Jackson of Raleigh works at general counsel at the state Department of Labor. After clerking with Chief Justice Mitchell, Jackson served in the administration of former Gov. Jim Martin, including as his associate general counsel. She is running on a platform of a clear separation of powers, thus suggesting that judges shouldn’t legislate from the bench. She is a fellow of the NC Institute for Political Leadership. Her website is not currently online.
By all means, study up on these candidates and make your best selection. But then, let’s agree to come up with a more rational system for filling our appellate judiciary in North Carolina.
Hood is president of the John Locke Foundation and publisher of Carolina Journal.