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OPINION

Editorial endorsement: Stephens deserves a full term

Wednesday, October 8, 2008
(Updated 3:00 am)

Police approach a familiar suspect at a location known for drug activity and ask to search him. He says, "Nope. Got to go," and takes off running. Officers chase and find a bag of crack cocaine along the fleeing man's path. The suspect is arrested, charged and convicted of possession and resisting an officer. He challenges the conviction. What does the Court of Appeals say?

Judge Linda Stephens delivered an astute split decision. Police had no grounds to require the defendant to submit to a search, so the suspect was entitled to run away. The charge of resisting an officer should have been dismissed. But once he did run, officers had every reason to pursue. Consequently, there was no escaping the drug-possession charge: guilty.

Stephens, 57, has a knack for making sense out of thorny legal questions. Although she specialized in workers' compensation issues during a long career in private practice and once served on the N.C. Industrial Commission, in two years since her appointment to the bench by Gov. Mike Easley, she has dealt effectively with criminal cases and other matters, thanks to hard work and intelligence.

Running against her is Clemmons attorney Dan Barrett, 49, an employment law expert who also serves on the Davie County Board of Commissioners. Barrett may be remembered for walking across North Carolina as a Republican candidate for governor in 2004. He claims to have a conservative judicial philosophy, and he faults the Court of Appeals for inconsistency and a tendency to let some cases languish.

Barrett's criticisms may be correct in some instances, but Stephens produces quality work. With two years of experience behind her, she deserves election to a full eight-year term.

 


 

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