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Election questionnaire: Robert Holt "Bob" Edmunds Jr.

Friday, October 3, 2008
(Updated 9:08 pm)

Office you seek
Re-election to Supreme Court of North Carolina

Date of birth
April 17, 1949

Occupation
Justice, North Carolina Supreme Court

Work address
Supreme Court of North Carolina
Post Office Box 1841 
Raleigh, N.C.  27602

Campaign address
Re-Elect Justice Edmunds Campaign
Post Office Box 1728
Raleigh, N.C.  27602

Home address
Greensboro, N.C.  27408

Web site and e-mail address
www.ReelectJusticeEdmunds.com
ReelectJusticeEdmunds@yahoo.com

Education
Williams College, Williamstown, MA  1967-1969
Vassar College, Poughkeepsie, NY  1969-1971. AB with Honors
UNC-CH School of Law, NC  1972-1975.  JD
University of Virginia School of Law, VA  2002-2004.  LL.M.

Elective experience 
Candidate for Attorney General of North Carolina in 1996. 
Elected to North Carolina Court of Appeals in 1998. 
Elected to Supreme Court of North Carolina in 2000.

Professional credentials
Board Certified Specialist in State and Federal Criminal Law (1993-present)
Board Certified Specialist in Criminal Appellate Practice (1994-present)

Family
Married to Linda Malthouse Edmunds since 1979
Two sons, John (born 1982) and Edward (born 1984)

Why have you chosen to run for this office?
I first sought a judicial position after being solicited to run by a number of attorneys who were familiar with my work.  Now, after ten years as an appellate judge, I have learned the job well and have earned a reputation as a fair and impartial Justice who writes sensible opinions that lawyers and laypeople can readily understand and apply. 

In addition, of the seven Justices on the Supreme Court, five are in their first term.  Two of those five never served as a judge at any level before being elected Justice.  Service on the highest court in North Carolina is not an entry level position.  An experienced judiciary is vital to the state's jurisprudence.  Now that I am one of the most experienced Justices, I believe that I can continue to make valuable contributions to the work of the Court.

What about your training and experience most qualifies you for this position?
I prepared by serving as an officer in the U.S. Navy, by working as a state prosecutor and as an assistant federal prosecutor, by serving as a Presidentially-appointed United States Attorney, by private practice as a partner in a Greensboro firm, and by service as a judge on the Court of Appeals.  I have tried well over a hundred jury cases to verdict in courtrooms all across the state and have litigated dozens of appeals in state and federal court.  I have spent eight years as a justice on the Supreme Court and have written scores of opinions in all areas of law.  These opinions are available on the internet and demonstrate that I am a fair and impartial Justice who conscientiously executes the duties of the office. 

What do you see as a particular strength of our court system?
I have personally seen the individual attention each Justice gives to every case that comes before the Supreme Court.  The Court deals with constitutional issues that affect every citizen, so each case that comes before the Court is carefully reviewed.  While much of this work takes place out of the public eye, the seven Justices strive diligently to reach the correct result.

Where does it fall short?
The court system is plagued with overcrowding and insufficient funding.  In my work, I visit courthouses across the state and see how hard our District and Superior Court judges must work to keep up.  Justice suffers when litigants do not feel they have had their day in court.

What can be done to help the public better understand the role of our appellate courts?
As a candidate, I am constantly reminded that citizens are unfamiliar with the role of the Supreme Court and the Court of Appeals.  Like most judges and Justices on the appellate courts, I have reached out to schools and civic groups to explain the work of the courts.  Nevertheless, both our schools and the media could do a better job of educating the public as to the role of the courts.  For instance, in reporting on an opinion, the media will often name the authoring judge or Justice without explaining that the author is speaking for the court.  Few articles discuss the routes by which a case reaches the N.C. Supreme Court or the differences between the state and federal courts.  Articles rarely explain why judges are so reticent about addressing controversial issues or are unwilling to provide any additional explanation about an opinion that the judge or Justice has authored for the court.  

How can I make a distinct impact on the quality of decisions rendered by the court?
My unique background has been useful to me and my colleagues on the Court.   My extensive federal service as a United States Attorney, as a defense attorney, and as an appellate litigator, has given me valuable insight into the workings of federal agencies and federal courts.  I have been appointed by the Chief Justice of the United States to be the only state judge on the Federal Criminal Rules Committee.  Understanding how the federal legal system parallels the state system has helped me better understand and interpret North Carolina law. 

As for the drafting the opinions, I have found a number of ways to have a salutary impact.  For instance, each Justice participates in deciding which cases the Court will accept for discretionary review.  A Justice who is attentive to the petitions for review filed with the Court can spot critical issues and assure that they are brought to the attention of the others.  Another way to influence the quality of opinions is to work with the authoring Justice in lieu of writing a dissent or a concurrence.  Writing opinions in the Supreme Court is a collective endeavor.  All the Justices who join the opinion participate in assuring that the opinion is both complete and well-written.  A Justice who dissents will have his or her concerns broadcast, but those concerns do not become the law.  A Justice can choose to forego dissenting and elect instead to work with the authoring Justice.  Some of my most significant work as a Justice is anonymously embedded in majority opinions authored for the Court by another Justice.

Perhaps most important, I am extremely careful in writing the opinions that I author for the Court.  Because the opinions of the Court affect all aspects of life, I strive to write with precision so that my words cannot be misinterpreted and so that lawyers, judges, and the public have no doubt what the Court means and the grounds for its decisions.  My experience writing briefs for state and federal appellate courts before I was elected to the bench has proven to be invaluable preparation for the work I now do.

To what extent should judges or judicial candidates express their views about political and social issues of the day?
As society's referees, judges and judicial candidates must be perceived as being fair and impartial.  When a judge or judicial candidate speaks out on contentious issues, that individual becomes just another politician.  Litigants need to believe that the judges and Justices who hear their cases will decide the issues on the merits and the law, not on the judge's or Justice's social beliefs or notions of what the law ought to be.  For that reason, judges and judicial candidates continue to be reticent when confronted by those who ask about controversial issues.

Who would be the one current state or federal justice you most admire, and why?
Chief Justice Sarah Parker.  I knew Justice Parker slightly when I was in private practice and was aware of her reputation as a thoughtful and hardworking member of the Court.  Now that I have been her colleague for eight years and collaborated with her on many opinions, I have seen first- hand just how remarkable she is.  When I joined the Court, she was friendly and welcoming and, perhaps most important, always ready to help.  I quickly saw that her analytical and writing skills are formidable.  Her memory is phenomenal.  Often when the Court is discussing a case in conference, she will point out that the Court handled a similar matter years ago, and name the case.  She is invariably right.  This type of institutional memory is invaluable for the Court.

I saw her administrative skills move to the fore when she became Chief Justice.  She works closely with the General Assembly to assure that the needs of all state courts receive proper attention.  Even so, she always has time for her colleagues and for the work of the Supreme Court.  Chief Justice Parker is one of North Carolina's most capable public servants, and I am honored to serve with her.

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