news-record.com

Office you seek
District Court Judge, 18th Judicial District

Date of birth
September 3, 1961

Occupation
District Court Judge

Address
P. O. Box 9241/Greensboro, NC/27429 (campaign)
P. O. Box 3008/Greensboro, NC/ 27402 (office)
1208 Buckingham Rd./Greensboro, NC/27408 (home)

Web site/e-mail address
http://judgehassell.com
jmarsh42st@aol.com (home email address)

Education
Phillips Exeter Academy 1976-79 Diploma 1979
University of North Carolina 1979-83 A.B. 1983
UNC School of Law 1983-86 J.D. 1986

Elective experience
judicial candidate 1996; elected 2000, 2004
(after being appointed district court judge by Gov. James B. Hunt, Jr., Jan. 1996, August 1999)

Professional credentials (specialized training or experience):
admitted to practice before the Supreme Court of North Carolina (1986) and U.S. District Court for the Middle (1986) and Eastern (1988) Districts of North Carolina
assistant public defender, 18th District, 6 years (represented juveniles and adults in district, superior, and appellate courts
associate, Henson Henson Bayliss & Sue, 3 years (represented plaintiffs and defendants in medium-sized litigation firm, where areas of concentration included insurance coverage, workers compensation, automotive, property, commercial, and professional liability matters, small claims, criminal/traffic, and appellate practice in state and federal district, superior, and appellate courts)
associate, Douglas Hardy Ravenel & Crihfield, 3 years (civil litigation in district, superior, and appellate courts with concentration in family law matters, criminal and traffic practice in district and superior courts)
district court judge, 18th Judicial District, 10 years
certified juvenile court judge
member Greensboro Bar Association (officer/director/exec.comm. member 1990-2004)
member N.C. Bar Association (Vice-President and member, Board of Governors 2002-03)
member, American Bar Association (member, Judicial Division)
member, Guilford Inn of the American Inns of Court (master)
member, N.C. Equal Access to Justice Commission (Chief Justice's district court appointee)
member, N.C. Association of District Court Judges (member, legislative and juvenile committees)
Family
Married to attorney Eloise McCain Hassell, father of Molly (17) and Bayly (15) Hassell, son of Dr. and Mrs. Charles M. Hassell, Jr.

Why have you chosen to run for this office?
I continue to believe that serving in the judiciary represents the highest calling in the legal profession, and it is a position in which I can also serve our community. As a judge, I continue to feel both humbled and privileged to be in a position to make a positive difference in the lives of those who appear before me, in the fashioning of the law itself, and in generating and improving the public perceptions and functioning of the judicial system.

What distinguishes you most from your opponent?
I prefer to be considered on my own qualifications, qualities, experience, and accomplishments, as opposed to having to make comparisons with my opponent. Even with the liberalized Code of Judicial Conduct, it remains my view that judicial campaigns are qualitatively different from other contested elections. I would also refer to the pledge I have previously executed for the N.C. Bar Association which stipulates in part that "references to competing candidates should be factual and without innuendo....The highest degree of professionalism and civility toward all opponents should be practiced in all aspects of the campaign." I would add, with all humility and professionalism, that the depth and breadth of my twelve years of experience in preparation for my time on the bench, the experience and reputation I have attained in nearly ten years in judicial office, and my involvement in leadership positions in our profession, our court system, and in our community have allowed me opportunities for continued growth and effective service and therefore have qualified me for re-election.

What key qualifications would you bring to the job?
See previous response. I believe that having both practiced and presided in each of the civil, criminal, juvenile, and other district courts for more than two decades, as well as having had a broad combination of both civil and criminal superior and appellate court practices in several jurisdictions, has provided me with a perspective and level of experience regarding substantive knowledge of the law and legal processes throughout the court system as a whole. Additionally, I have been involved in a number of professional and court initiatives at the state level, including service on the N.C. Equal Access to Justice Commission, service as Vice-President of the N.C. Bar Association and committee member and contributing author to its Strategic Plan document Momentum 2010, and service on the juvenile and legislative committees of the N.C. Association of District Court Judges. These opportunities and others have allowed me to forge relationships with other court officials, public policymakers, and professionals with an interest in improving the judicial system, its accessibility, and its independence as a branch of government.

Are you qualified to preside in every court or willing to gain the necessary qualifications?
See previous responses. I became a certified Juvenile Judge in my first year on the bench; I regularly rotate throughout all the assigned courts in the district court system in Greensboro and High Point. With the advent of two specialty/grant-assisted courts for mental health and drug treatment, judicial needs are currently being met sufficiently by the specific assigned judges who have completed team-qualified training and staffing protocols (although I would not hesitate to undergo such training if called upon to do so).

Where do you see the greatest shortcomings in District Court, and how could they be corrected?
In the fiscal year just concluded June 30, 2008, over 190,000 cases were filed in our local court system. Even with improvements and upgrades to our physical facilities, technology, and human resources (with allocation of additional prosecutors, public defenders, pretrial service personnel, clerical support, and even additional judges in the last two years), there remains a continuing challenge to provide fair and efficient handling of these cases among the various avenues available given these daunting numbers and finite limits inherent in our judicial administration. Measures are undertaken on a regular basis to provide alternate methods of resolution through mediation, arbitration, and other dispositions, as well as careful monitoring of "aging" civil and criminal cases pending by way of periodic "clean-up calendars." While we must guard against an overemphasis on procedural rules and parameters and not be swayed by "King Numbers," given the existing constraints, we will not be in a position to completely alleviate frustrations over occasional delays and miscommunications. Internal methods of system communication are being improved regularly as well, through upgraded computer and pretrial appearance equipment and software, judicial conferences and meetings, and regular contact with local and state officials to apprise, educate, and inform them and members of the public at large about the needs and realistic operation of our court system.

Does everyone receive equal justice in District Court, regardless of race, ethnic origin, gender, language, income or legal representation? If not, what measures could help?
"Equal Justice Under Law" is not merely a maxim chiseled on a court building, but a continuing and eternal goal in any American legal system. District court is ultimately only as just and as equal as the effort, application, and orientation of those who work in it. In fiscal year July 1, 2007-June 30, 2008, over 3 million cases were filed and handled in district courts across North Carolina in over thirty judicial districts. In this local jurisdiction alone, hundreds of law enforcement officers, hundreds of attorneys from the public and private sector, scores of prosecutors, and over a dozen judges dealt with almost 200,000 civil, criminal, and motor-vehicle cases in our single-county district. With a variety of actors working and interacting each day, those of us who are sworn officers of the court, and the judiciary in particular, have the highest obligation to put forth our best efforts to see that justice is done. In reality, for judges, much of what occurs in district court occurs before matters are placed in front of us for review or determination, many decisions are made by others which impact the level of satisfaction others may acquire which may never be placed before us or brought to our attention, and we must rely on representations, judgments, and voices of others to weigh in and process the administration which will nonetheless amount to "due process." Efforts are ongoing to assist those who have not traditionally had a "voice," whether through the assignment of court-appointed counsel in criminal cases, court interpreters for non-English-speaking litigants and witnesses, legal aid attorneys in housing, child custody, domestic violence, and other civil disputes, and other ancillary programs and services for those in need. The appeals process remains a powerful check and balance on actions taken at the district court level, but in a civil context, it is a process often not yet economically equal. Our court system remains imperfect but as fair as it can be, and that is a condition equally experienced by virtually all who come before it so long as those who labor in it are conscientious of this goal.

In criminal matters, is enough done to ensure that dangerous offenders aren't released prior to trial with insufficient supervision?
As a judicial official, I would be somewhat remiss if I did not point out that it would be inappropriate to refer to defendants accused (but not convicted) of crimes as "dangerous offenders" as the question contemplates the status of the accused "prior to trial." That being said, to the extent the question refers to concerns over persons charged with crimes of violence or those with established criminal histories, a balancing test must be applied in each instance in determining conditions, if any, of pretrial release. Judges are not investigators or case supervisors, and may only act upon cases or controversies brought to them and to the court over which they are presiding. A presiding judge can only make a decision based upon the quality and quantity of information presented to him or her in court at the time of the hearing, whether by pretrial services officials, prosecutors, law enforcement investigators, witnesses, or other interested parties attending, and we must weigh the possibility of flight risk and danger to the community along with stability, family, employment, and community ties, as well as the available level of resources and supervision through community agencies in residential or day-reporting facilities, our pretrial services program, electronic house arrest as may be funded, or probation/parole officers if a person is already subject to pretrial or correctional supervision. The recent increased allocation of additional resources and commitment to improvements in technology and facilities at the state and local level has been of invaluable assistance in a chronically underfunded branch of government, but no system will be foolproof or fail-safe.

How can the court help steer troubled young people away from gangs or further criminal activity?
Court officials can look for "teachable moments" in the life of a case or parties appearing before them (often over a period of time depending upon the context of where the case is procedurally or how it is presented to them); courts may also avail themselves of formal or informal coordinated efforts with other actors and agencies in and out of the court system through involvement in programs in schools, churches, vocational and substance abuse rehabilitation, family counseling, and other civic endeavors.

What are common mistakes judges make, and how can you avoid them?
At my judicial swearing-in ceremony in 1999, my pastor offered a prayer that a judge should not be swayed by political passions and pressures, that he not be tempted by the intoxicating powers of office, but that he listen attentively and empathetically and "keep fresh oil in the lamp of hope." I have tried to abide by these and other principles each day as each day and each case that comes before me represents an opportunity to help others resolve their disputes and to make our system of justice better. I have also sought to remain engaged in the life of our community in a way that allows me to stay in touch with its needs and concerns, particularly those that relate to our quality of life and the resulting social and economic impact on our local court system.

How can voters judge your abilities?
Voters have previously judged my abilities to a brief extent in 1996 (based on only 9 months of judicial service), and to a considerably larger extent in 2000 and 2004, where I was successful in my re-election efforts. I have sought to provide as much information to voters as possible, through my campaign website, print and broadcast advertising, mailings and other materials, public appearances, and candidate forums. But as a public official and as one involved in our community, I prefer to believe that my abilities are subject to being judged by my activities in times not limited to election seasons, and by those who have worked with me over the years or have otherwise come to know me and know of me in or out of the court system. In previous elections, I have been endorsed by the News & Record, The George Simkins Citizens PAC, The Rhinoceros Times, The N.C. Association of Women Attorneys, The Police Benevolence Association, and the High Point Enterprise. In the current election cycle, to date my re-election has been endorsed again by the NCAWA, The Rhinoceros Times, and the Simkins PAC, as well as the High Point Black Leadership Roundtable, Teamsters Local #391, and Triad Lodge #79 of the Fraternal Order of Police. I am also pleased to have the support of three former Chief Justices of the N.C. Supreme Court as well as all living current and former mayors of the city of Greensboro and other civic and bar leaders in Guilford County . I often encourage people to seek out information about me and our local courts through attorneys and others who work or appear in the legal system regularly, or even by attending sessions of court for observation. Ultimately, voters will have to decide for themselves, but I am heartened that others have scrutinized my abilities at length over a period of time and have commended my retention in judicial office.