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Election questionnaire: Dan Barrett

Friday, October 3, 2008

(Updated 9:26 pm)

Office you seek

North Carolina Court of Appeals

Date of birth

March 27, 1959

Occupation

Attorney, The Barrett Law Firm

Address

The Barrett Law Firm

3540 Clemmons Road

Clemmons, N.C. 27012

Web site/e-mail address

Barrettforjudge.com

Dan@Barrettforjudge.com

Education

Scotland County High School, 1977

Wake Forest University, B.A. (cum laude), 1981

Wake Forest University School of Law (Law Review, Moot Court), 1985

Previous elective experience

County Commissioner, Davie County

Chairman, Davie County Board of Commissioners

Professional credentials (specialized training or experience)

Author, North Carolina Employment Law (Lexis Law Publishing, 1998)

Twenty-three years as a practicing attorney

Extensive trial and appellate experience

Highest rating ("AV") by Martindale Hubbell National Legal Directory

Recognized as a "Legal Elite" in Employment Law by Business North Carolina magazine

Past Chair, Labor and Employment Law Section of the North Carolina Bar Association

Wake Forest University, B.A., J.D.

Family

Married 18 years to Kathleen Anderson Barrett

Two children: Daniel (15); Rebekah (10)

Why have you chosen to run for this office?

I feel a calling to public service. Although I have had a successful legal career, I have found great fulfillment through prior public service as a Davie County Commissioner, as Chair of Davie County Hospital, and in my candidacy for governor in 2004.

I try to go places where I can make things better. The Court of Appeals is of critical importance to our legal system. I believe there is an opportunity to make our Court of Appeals better, and I would like to be part of that effort.

What about your training and experience most qualifies you for this position?

In addition to my legal training and experience, described in #9 and #16, my life experiences are as important, if not more so, to my judicial qualifications.

A native of North Carolina, I was blessed to have the positive influence of loving and hard working parents. I was educated in the public schools and grew up attending First United Methodist Church in Laurinburg.   During summers, I worked on the farms of Scotland County, cropping tobacco, picking cucumbers, and scouting cotton.

I have had the opportunity to give back to my community in Davie County through public service as a county commissioner, chair of the community hospital, and on numerous charitable and civic boards. I ran for governor in 2004, and got to know many wonderful people across our state.

During my campaign for governor, I walked 582 miles across North Carolina. From that and many other life experiences, I have an appreciation and understanding for the people who will appear before me. As a judge, my life experiences will inform and assist me in making fair and just decisions.

What do you see as a particular strength of our court system?

A particular strength is the commitment to civility and ethics that goes beyond what is mandated by rules and codes of conduct. In my 23 years of practice, I have observed that the vast majority of our attorneys understand their ethical responsibilities as officers of the court. Similarly, the vast majority of our judges and court personnel treat litigants with respect and dignity.

Where does it fall short?

Appellate judges should respect the separation of powers and avoid judicial activism. It is the judicial function to interpret and apply the law; it is the legislature's job to change the law, if it is to be changed.

No judicial candidate would admit to being a judicial activist, since that philosophy runs counter to the view of most voters. However, one can gain valuable information about a candidate's likely judicial philosophy by looking at the special interest groups that support a candidate.

While I will apply the law fairly and impartially in every case, I have a conservative judicial philosophy. I will not legislate from the bench. I will not be supported by special interest groups that seek an activist court.

Decisions from the Court of Appeals need to be carefully researched, clearly written, and be consistent with past precedent. Litigants need to understand what the law is to arrange their affairs and avoid unnecessary litigation and appeals.

We also need to work to limit the use of unpublished decisions. Litigants cannot rely upon unpublished decisions as controlling precedent in subsequent cases.

Litigants deserve prompt resolution of disputes.   Judges should issue decisions in a timely manner, in compliance with internal appellate guidelines.

What can be done to help the public better understand the role of our appellate courts?

Forums such as this certainly help, as do state efforts such as the "Judicial Voter's Guide." However, additional efforts need to be made to inform the public about the role of the appellate courts, and those who file to serve.

A few additional thoughts are as follows:

More public television coverage of judicial races

Forums and/or debates broadcast state-wide

A focus on our court system and process for election of judges in civics classes in our schools and community colleges

How can you make a distinct impact on the quality of decisions rendered by the court?

I have good analytical, research and writing skills. I am author of North Carolina Employment Law, a highly regarded treatise exploring the evolution and current state of employment law in our state. I understand the importance of thorough and complete research and analysis and careful draftsmanship.

From my 23 years of practice, I understand the impact legal decisions have not just on the case in front of the court, but also the long range implications of those decisions. I have a practical understanding of the need for carefully researched and reasoned decisions, issued in a timely manner.

I am recognized as one of the leading employment law attorneys in the state, and can bring that background and focus to the Court.

Through past public service as Chair of the Davie County Board of Commissioners and as Chair of the Davie County Hospital Trustees, I have a record of building consensus among diverse points of view for decisions that need to be made. If elected, I will serve on a panel of three judges. As I have done in prior public service, I can and will work in a collegial manner with fellow judges to reach fair and just results.

To what extent should judges or judicial candidates express their views about political and social issues of the day?

A threshold question for every judicial candidate is whether they are fair and impartial. However, if that is all aspiring judges are willing to say, it gives the public very little to go on in determining who is best suited to be an elected judge.

In my view, judicial candidates should be free to express their views about political or social issues of the day, so long as they do not relate to a matter that is or is likely to be in front of them as a judge, or which would undercut their ability to be fair and impartial. Without that freedom of expression, the electorate will not really know the views of the person they are electing. This need for free expression has become even more important with the move to non-partisan races. Many voters know little about the judges they are electing. They need to know more to make informed decisions.

Who would be the one current state or federal judge you most admire, and why?

I have been blessed to appear before many fine judges, but Judge William Osteen, who recently retired from the federal bench, certainly exhibited the judicial qualities I admire. Judge Osteen was fair and impartial. He dedicated himself to making the right decision in every case. His decisions were carefully and thoroughly researched and well written.

While Judge Osteen had a conservative judicial philosophy, he was fiercely independent and committed to making the just decision in every case. Judge Osteen had a great sense of humor, and treated all who appeared before him with respect and dignity.