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Doug Clark: Judicial districts could use a change

Wednesday, July 8, 2009
(Updated 3:00 am)

When word got out about Judge Henry Frye Jr.'s decision to retire Aug. 1, people around the Guilford County courthouse started to get busy.

Opportunities like this don't come up very often.

So Gov. Bev Perdue likely will be receiving letters from several people interested in the appointment to fill out the rest of Frye's term on the Superior Court bench.

The most notable is Patrice Hinnant, who's in her 13th year as a District Court judge. She was re-elected to her fourth term last year, without opposition.

A former president of the Greensboro Bar Association, she should have plenty of local support.

Hinnant would not have run against Frye, whom she's known all her life, she told me Monday. But she'd be happy to walk through the door he's left open.

Hinnant may be the only potential candidate with experience on the bench and a track record of electability. She'd also give the governor a two-fer. If Perdue picked Hinnant, she'd then get to appoint someone else to fill Hinnant's seat on the District Court bench. So there could be some interesting shuffling as the summer rolls along.

There's seldom much movement in Superior Court, where judges serve eight-year terms (compared to four years for District Court judges) and it's rare to have a contested election. Unseating a sitting judge is practically unheard of. Because Frye is only 49, his retirement wasn't expected.

The impending shake-up also provides a chance to look at our Superior Court districts and anticipate a possible change for the better.

Guilford County is Judicial District 18, but it's divided into five parts. Not all are created equal.

Frye holds the seat in District 18A, which consists mostly of east Greensboro and portions of south-central Guilford County reaching to the Randolph County line.

Our other Superior Court judges are John O. Craig in 18B, Stuart Albright in 18C, Lindsay Davis in 18D and Catherine Eagles in 18E.

Each judge must reside within the subdistrict and is elected only by its voters.

In contrast, Guilford County's 14 District Court judges all are elected countywide -- a much tougher assignment politically.

Frye's Superior Court subdistrict was drawn to favor the election of an African American. Most of its registered voters are black.

To allow that ratio, it's a small subdistrict with only 47,427 registered voters, or less than 14 percent of the county's total. If the county were divided equally, 18A would be given a 20 percent share. Albright's District 18C has twice as many voters -- 95,168 -- or nearly 28 percent of the county's total.

A similar circumstance drew a lawsuit in Wake County by plaintiffs who contended, among other things, that the disproportionate districts violate the principle of one man, one vote and thus deny equal treatment. A trial judge ruled in their favor, but the N.C. Court of Appeals reversed. The state Supreme Court accepted the case on review, however, and a final decision could be rendered at any time.

The Court of Appeals ruling struck me as somewhat contradictory. It said on the one hand that judges aren't elected as representatives of the people, so districts don't have to be apportioned equally, but on the other hand judges should represent the racial diversity of the people they serve.

Yet, the racial diversity goal has been achieved in Guilford County District Court, where six of 14 judges elected countywide are black. Furthermore, all appellate judges are elected statewide, not from districts. Superior Court districts are set up under different rules.

The advantage of countywide voting is that it lets every voter hold every judge accountable. Not so for the Superior Court judges, each elected by only a fraction of county voters. Yet, these judges don't hold court only for the residents of their own subdistricts. Their jurisdiction extends throughout the county (and beyond, but that's another issue).

The point is, all Guilford County residents have a stake in the quality of justice dispensed by each of the Superior Court judges. They all should have the opportunity, therefore, to vote for or against each of those judges when he or she comes up for election.

If the Supreme Court throws out the Superior Court district plan in Wake County, perhaps changes in Guilford County will be in order.

Until then, Gov. Perdue has the next move when she picks Frye's replacement. She must choose from within District 18A, which is limiting, but she shouldn't have trouble finding the right judge.

Comments

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minkheel

July 8, 2009 - 9:14 am EDT

I like Judge Hinnant as a person. She is a very nice lady. However, she is not Superior Court Judge material (she is not even District Court Judge material to be perfectly honest). She does not have as firm a grasp of the law as her collegues on the District Court bench and often makes illogical rulings. Her behavior on the bench has also been odd at times -- lecturing juveniles on sex in cases unrelated to sex. This paper has repeatedly endorsed Judge Hinnant's opponents (when she has had them) and for good reason. There are MANY better qualified attorneys and judges in Guilford County. Judge Betty Brown, for example, who was a long time Public Defender and is now a District Court judge. Judge Brown is very experienced in practice -- both in District Court and Superior Court -- and is very sharp. [Like Judge Hinnant, she is an African-American female]. However, I agree that the subdistricts in Guilford County may make this difficult since Judge Frye's replacement must be a resident of District 18A. I also agree that the time has come to eliminate these sub-districts. The reality of the sub-districts is that they may limit the options for African-American Superior Court judges to 18A because of the racial gerrymandering. Just look at the District Court bench for proof that minority judges can be elected on a county wide basis as there are numerous African-American judges on the District Court bench (and rightly so).

Paul Daniels

July 8, 2009 - 2:57 pm EDT

Doug:

You may recall that I commented on the practice of sitting judges (dems) retiring so that the governor (dems) could appoint their successor (another dem). This practice is contrary to the law that makes all the judge races non-partisan, in my opinion. It is a lot easier to win an election if you are an incumbant than if you are a challenger. If we are going to make judgeships partisan, then let it be partisan, let folks run with their Ds and Rs hanging out for everyone to see.

minkheel

July 8, 2009 - 4:15 pm EDT

It is not accurate to say that just because the Gov is a Democrat that she will necessarily appoint judges who are Democrats. For example, in Mecklenburg County, Gov. Perdue recently appointed Judge Eric Levinson to a vacant Superior Court Judgeship (the result of Superior Court Judge David Crayer becoming a US Magistrate Judge). Judge Levinson is a Republican. However, he was extremely well qualified for the position, having served as a District Court Judge in Charlotte and NC Court of Appeals Judge and then working for the US Gov't in Iraq and Afghanistan. So in the case of Judge Levinson, at least, Gov. Perdue picked a very well qualified person rather than simply a political ally.

Doug

July 8, 2009 - 7:03 pm EDT

Thanks for the comments. I complimented Gov. Perdue last week for appointing Eric Levinson:

http://www.news-record.com/blog/2009/07/02/entry/perdue_reaches_across_p...

Mike Easley was very partisan in his judicial appointments. Gov. Perdue may be taking a broader view.

Badgolfer1

July 12, 2009 - 9:21 pm EDT

Doug,

You have had several people write in to you with knowledge about several of the judge's qualifications and the current political environment recently concerning Henry Frye's vacant position. I admit I myself am at a loss when it comes to voting for judges in statewide elections. There is literature sent out stating biographies and general philosophical beliefs from the candidates before the elections and the elections are now non-partisan. All too often as one writer wrote some judge steps down just before an election and a new judge is appointed by the Governor. This gives them the advantage of running as an incumbent and some voters give the incumbent running their vote, since they are already in that position. Some people voting may choose the first name on the ballot and that is just as dumb. I myself have left these positions to vote for blank, since I do not know hardly anything about whoever's running. There was an odd case locally where Robby Hassell lost his reelection last year and was appointed to an even higher position shortly thereafter as the new position opened just after the election happened.
There must be a better way for state judges to get their posts. It makes me wonder if the best people are serving as state judges in the current crazy way judges get to be judges. This is written at the same time that the U. S. Supreme Court will have another judge proposed by the President and voted on by the U. S. Senate. Has this sort of idea ever been done in North Carolina and do you feel that might be a better way for North Carolina to have its own judges seated?

Doug

July 14, 2009 - 2:54 pm EDT

Great comments and questions.

Elections for judges tend to be a crapshoot. Voting knowledgeably generally requires speaking with lawyers or other courthouse observers and getting their opinions, or of course following the News & Record's endorsements!

There have been discussions in NC about changing to other systems, but it's hard to get political support. Voters generally don't know whom to vote for in judicial elections but they still want the right to vote.

A compromise proposal is the appointment/retention election system used in a number of states. You set up a broad-based screening panel to recommend three candidates for each judicial position, from whom the governor appoints one. Then, after a short time, maybe two years, the judge stands for a retention election. There is no opponent, but voters get to say whether to let the judge serve a full term or whether he or she should step down. The term may be a long one, say 10 years, but the judge would have to retire after that time. Something like this was proposed in a bill filed this year by state Rep. Johnathan Rhyne and co-sponsored by John Blust ...

http://www.ncga.state.nc.us/Sessions/2009/Bills/House/PDF/H414v1.pdf

... but it's been buried in committee and won't budge.

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