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OPINION

Doug Clark: Governor makes good choice for judge

Wednesday, January 6, 2010
(Updated 3:00 am)

Gov. Bev Perdue's battle with the courts over early release of criminals sentenced to life in prison led me to question whether she respects the role of judges.

They have to decide cases by what the law says, not what's politically popular. But she's been acting as if it's their fault that 1970s laws were soft on murderers and rapists, and now we have to live with the consequences.

Perdue isn't the first politician, and won't be the last, to make hay by bashing the courts. It worried me, though, because every time a judicial vacancy occurs, she gets to appoint a replacement to serve until the elected term expires. Will she look for candidates who square with her political views or those who are committed to upholding the law?

I'm happy to give a positive report. Exhibit one is her appointment last week of High Point lawyer Jan Samet to the Guilford County District Court bench.

Samet will fill the position opened when Perdue named Patrice Hinnant to the Superior Court seat that Henry Frye Jr. left. The Hinnant selection was a fine choice, too.

The Samet appointment reveals a governor who put a lot of effort into making the best decision.

First, some background.

The Guilford County Bar met in October to nominate three candidates for the Hinnant seat to present to the governor. There were 14 lawyers in the running. Samet was the overwhelming choice with 275 votes, followed by Michael Troutman with 92 and Susan O'Hale with 85.

Perdue did not rubber-stamp the Bar, however. Samet had three interviews -- one with Perdue's legal counsel, Eddie Speas, another with Speas' deputy and a third with the governor. So did Troutman and O'Hale. Samet said he believed the three candidates were on equal ground, that Perdue "makes her own decisions based on her own instincts and judgments."

His third interview was held Dec. 22 in the Governor's Mansion. Perdue's lawyers attended but didn't speak beyond saying hello, Samet said.

"I expected five minutes, in and out," he added. Instead, the interview lasted nearly 40 minutes, filled with Perdue asking "intelligent, probing questions." She knew all about Samet, including his early stint as a high school English teacher, which he hadn't included on his resume. He found she wanted to appoint a judge who would be fair and unbiased.

There are a couple of things to know.

The first is that District Court is the lowest rung on the judicial ladder. Guilford County alone has 14 District Court judges. Most residents probably couldn't name two of them, at best.

The second is that Samet, who's 64 with more than 30 years of private law practice, isn't political and doesn't have political connections. If the process was political, he said, Perdue "wouldn't have even looked at me twice. ... There was not even a suggestion of that." Nor is Samet thinking about running for a higher judicial office in the future. That wouldn't make sense because North Carolina imposes a mandatory retirement age of 72 for judges. He just wants to cap his career by serving in District Court for a few years.

Samet also happens to believe that District Court, which hears traffic cases, petty crimes, family law, juvenile matters and other issues that rarely make the headlines, is the most important court -- for each person who has a reason to be there. All his experience and his desire to give everyone in court a fair hearing make him well qualified to sit as a judge -- an opinion his fellow lawyers strongly expressed back in October.

Perdue's effort on this appointment indicates that she, too, thinks every session of District Court is important enough to have a well-qualified judge presiding -- even though making a wise selection won't improve her standing in public opinion polls one tick. Few people know or care about judicial appointments.

Yet, her serious consideration strengthens arguments that gubernatorial appointment is a better way to seat judges than general elections -- provided the governor is given a slate of qualified candidates nominated by an impartial panel.

In this case, Perdue examined three nominees submitted by the local Bar and personally interviewed each one after her legal team already had vetted them. What voter has the same opportunity to scrutinize judicial candidates before an election?

Yes, governors sometimes play politics. Perdue is no exception. But she's just shown that she takes important but little-noticed responsibilities seriously and makes good judgments. She deserves credit for that.

Comments

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bunnyhop

January 10, 2010 - 10:33 pm EST

Jan Samet will do a great job in this Judge role in District Court

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