Office
you seek
District Court Judge - McSwain Seat
Date
of birth
03/13/1954
Occupation
Attorney
Address
P.O.
Box 9518
Greensboro, North Carolina 27429
Web site/e-mail address
www.chuckwhitelaw.com
chuckwhiteforjudge@mindspring.com
Education
University of
Madrid -
Semester Abroad - 1972
Duke University - Bachelor of
Science - 1976
Wake Forest University
School of
Law - Juris Doctor - 1980
Elective
experience
District Court Judge, 18th Judicial District - Elected in
1992, re-elected in 1996.
Professional
credentials (specialized training or experience)
National Judicial College -
General Jurisdiction Course (120 hours)
State Certified Expert Juvenile Court Judge
North
Carolina Task Force on Juvenile
Violence
North
Carolina Task Force on Judicial
Redistricting
Over 300 Hours of Continuing Judicial Education in various areas
including
Domestic Violence, Impaired Driving Deterrence, Gang Violence,
Equitable Distribution of Marital Assets, Child Custody, Abuse, Neglect and
Dependency, Substance Abuse, Competency and general civil and criminal
litigation
Certified Superior Court Civil Mediator
Family
Wife: Anna H. White
Children: Anne Marie Tosco, age 20; Emily Tosco, age 19; and Vincent
Tosco, age 16.
Why
have you chosen to run for this office?
In reflecting upon my twenty-eight years of experience as an attorney
and as a Judge, I have come to realize that my true and highest calling is to
be a Judge. In 1999, I resigned from the
District Court Bench to seek appointment to the Superior Court. When that did not occur, I went back into
practice to further broaden my experience.
I have always hoped to return to the Bench. Judge Lawrence McSwain's decision to not seek
re-election this year created the perfect opportunity, because I am uniquely
qualified to immediately step in to fill the void created by his retirement, particularly in the area of
Juvenile Justice.
What
distinguishes you most from your opponent?
Experience: not only as a judge with extensive experience in all
District Court assignments, including Juvenile Court, in Greensboro, High Point
and around the State, but as a trial attorney in both State and Federal Courts. I have tried hundreds of jury trials,
thousands of bench trials in criminal, civil and juvenile courts and I have
handled appeals before the North Carolina Court of Appeals, the North Carolina
Supreme Court and the United
States Court of Appeals for the Fourth
Circuit.
What
key qualifications would you bring to the job?
Experience, temperament, compassion, toughness, diligence, patience,
integrity, intelligence and an ability
to quickly analyze a situation to make a well-reasoned decision efficiently
without being hasty. Overall, I am
committed to making the courtroom in which I am presiding, a place where all
citizens will find justice, dignity and respect.
Are
you qualified to preside in every court or willing to gain the necessary
qualifications?
Yes. I have extensive experience
in every court.
Where
do you see the greatest shortcomings in District Court, and how could they be
corrected?
The quality of justice suffers most due to the volume of cases. The need to "move" cases can lead to an
apparent lack of professionalism for attorneys as well as for judges. The presiding judge must not only efficiently
decide each case and move it along, but he or she must maintain an atmosphere
of professionalism and respect in the courtroom. To help with the volume, we need to devise and
implement more alternatives to traditional litigation. For criminal matters, we have established an Administrative Court,
a Drug Court
and a Mental Health Court. On the civil side, we have established
successful mediation and arbitration programs.
These programs must be fully utilized and more programs like them need
to be established. For example, we need
to look into utilizing mediation and arbitration more effectively in criminal
cases.
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?
No. It is an imperfect system,
run by human beings who are, by definition, imperfect. When I was on the Bench, I enjoyed a
reputation as a judge who treated everyone who came before me with dignity and
respect. That approach is an essential element in establishing equal justice.
In
criminal matters, is enough done to ensure that dangerous offenders aren't
released prior to trial with insufficient supervision?
Again, the system is not perfect.
We can never have all the information we need to predict the future so
as to protect the community while simultaneously safeguarding the rights of the
accused. Resources for pretrial
supervision are also very limited. We need more programs like those
administered by the Office of Pretrial Services.
How
can the court help steer troubled young people away from gangs or further
criminal activity?
The courts can never replace the role of a strong family in young
people's lives. We can, however, try to
be creative in crafting punishments for wrong-doing which provide mentors and
positive role models for younger offenders.
We need to get community resources more involved.
What
are common mistakes judges make, and how can you avoid them?
Judicial arrogance is a big problem.
Treating people with dignity and respect is the answer.
District Court Judges also have a tendency to try to make up their own
rules. While a great deal of discretion
is properly exercised in District Court, as judges, we need to know the law and
apply the law as it is and not as we would like for it to be, before exercising
that discretion.
Lack of balance is another problem.
A District Court Judge must balance the rights of those accused of
crimes against the need to protect the community and the victims of crime. A judge must balance the need for the courts
to be "user-friendly" versus the need to maintain an atmosphere of
professionalism and respect. A judge
must be both compassionate and tough. A
judge must be able to see both sides of all issues. A judge must hear hundreds of cases each day
and give each case the careful consideration it deserves. While it is much more easily said than done,
a judge must maintain balance.
How
can voters judge your abilities?
Making surveys like this accessible to the public is very
helpful. I think I can speak for all candidates
in saying "thank you" for doing it.
Apart from such surveys and the relatively few candidates' forums, I suggest
that voters ask their friends and neighbors who have experience in the justice
system what they think. In addition to
lawyers who practice in the courts, law enforcement officers, probation
officers, clerk of court personnel, victims' rights advocates, volunteers and
other people who work in or around the courthouse can provide valuable
insights. Of course, I am always willing
to directly answer questions via email, telephone or in person and I would love
an opportunity to speak formally or informally with any church group, community
group or civic organization who would care to listen.
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