The Conference Room--Answers to Questions on N.C. Law

Signs, Part III

Another good reason to leave those signs alone.  In defense of the boy, McCain signs are probably pretty rare in the Chapel Hill area... 

Signs, part II

Some anecdotal evidence in my neighborhood suggests that both Obama and McCain signs are being taken out of people's yards.  I'll put aside the ethical implications and confine myself to the legal. Whoever does this can be held liable for civil trespass and conversion of personal property and possibly criminal trespass and theft.  Probably small potatoes compared to ACORN allegations of voter fraud, but why expose yourself for a cheap campaign sign that will be replaced in a day anyway? 

Some may think that it is a 1st Amendment, free speech violation, but the 1st Amendment only would apply if it was the government taking your signs. 

--Bradley A. Coxe is a practicing attorney in Wilmington, NC who specializes in Personal Injury, Medical Malpractice, Contract and Real Estate disputes and all forms of Civil Litigation.    

If it walks like an Elephant, talks like an Elephant, looks like an Elephant, why can't it say it's an Elephant?

After the last post, I had a question as to how to find out what political party the candidates for Judge were.  The bad news is it is a bit difficult, but the good news is it probably doesn't matter a great deal. Since 2002, judges in North Carolina have run in non-partisan elections, meaning that they do not run as a member of one particular party and are only listed in their individual names.  Judges are ethically obligated under the North Carolina Judicial Code of Conduct to apply the law fairly and impartially, whether they agree with it or not.  The thought was that party affiliation, unlike in a legislative or executive election, would not inform the public as to whether or not a judicial candidate could perform the job duties of the position they were seeking.

One criticism of a nonpartisan election is that it removes the party's campaign financing support and would leave only people with private fortunes able to run for the state-wide judicial seats.  To combat this problem, also in 2002, North Carolina became the first state to adopt full public financing of appellate judicial elections.  Candidates for the NC Court of Appeals and NC Supreme Court who follow strict fundraising and spending limits can use public financing.  You have the option to pay for the fund every year with a $3 check-off on your tax return, and I pay for it every year with a $50 contribution from my annual renewal of my privilege license to practice law.  The public financing rule also helps to erase doubts about the impartiality of judges who might collect funds from special interest groups or attorneys.  The amounts available are not large.  One candidate this year said the amount wouldn't even pay for a single mailing to all NC voters. 

Now there is nothing (thanks to the 1st Amendment and some recent U.S. Supreme Court cases) preventing a judicial candidate from being a member of one party or another, or commenting on issues like gun control, the death penalty or abortion, but you might have to do some digging in their background to find it.  A few will describe themselves "conservative" (although I haven't seen any that describe themselves as "liberal"), but most rely primarily on their experience and background, as those are the most important factors that would let them accurately and fairly make judicial decisions.  You might get a hint on their affiliation if they were appointed to the bench or to a federal position on which governor or president appointed them or if you can determine what party they ran under prior to 2002.  Many of the candidates have signed a pledge with the North Carolina Bar Association that calls for candidates "to preserve the integrity, impartiality and dignity of the judiciary" and not comment on pending cases and issues and to refrain from negative comments about their opponent.

In my own experience at the trial court level (District and Superior Court) I can say that I've never been able to determine a political leaning or partisanship in any trial I've had.  Again, there really isn't usually an opportunity for a trial judge to make a political statement in any ruling at a trial or motion.  Neither have I had that experience at the Court of Appeals or NC Supreme Court, although there is a greater opportunity for those judges to engage in legislating from the bench.

As I indicated in the last post, all the candidates running this year seem well qualified and none of them I would warn anyone away from.  

--Bradley A. Coxe is a practicing attorney in Wilmington, NC who specializes in Personal Injury, Medical Malpractice, Contract and Real Estate disputes and all forms of Civil Litigation, and whose only reason to consider running for office would be all the free barbecue at political rallies.    

Who do I vote for?

North Carolina is one of the few states left who still elect judges.  Even well-informed people who can discuss the particulars of economic stimulus packages and can pronounce Mahmoud Ahmadinejad, turn to me in confusion as to who they need to vote for the North Carolina Supreme Court, North Carolina Court of Appeals, and the local Superior and District trial courts.  "You are a lawyer," they say, "tell me who to vote for."  Only on that unlikely day when I run for political office will I have a good answer to that question.  Usually all I will do is to steer them away from one or two candidates who are totally unqualified or I have serious questions about their competency on the bench.  Looking through the list of candidates this year, I don't see any that are obvious "no" votes, so in an attempt to be "fair and balanced" I'll try and run through the candidates and where you can get more information.

First head here to check your registration status and get a sample ballot. 

NC SUPREME COURT

(Edmunds Seat)

 Robert H. (Bob) Edmunds, Jr

Justice Edmunds is the incumbent and has served on the NC Supreme Court since 2000.  Prior to serving on the Supreme Court, he was a prosecutor both on the county and federal levels, and was a partner in private practice in Greensboro.

Suzanne Reynolds

Professor Reynolds is a family law and a ethics law professor at Wake Forest University School of Law.  She is acknowledged as one of the foremost experts in Family Law (divorces, child custody, etc.) in this state. 

NC COURT OF APPEALS

(Tyson Seat)

Kristin Ruth

Judge Ruth is currently serving as a district court judge in Wake county, concentrating in the court that is designated for enforcement of child support. 

Sam J. Ervin, IV

Mr. Ervin was in general private practice in Morganton for about 18 years.  Since then he has been serving on the North Carolina Utilities Commission.  The Utilities Commission is a quasi-judicial agency responsible for regulating investor-owned electric, natural gas, telecommunications and water an sewer companies providing service in North Carolina. 

(Wynn Seat)

James A. (Jim) Wynn

Judge Wynn is the incumbent and has 17 years of judicial experience with the NC Court of Appeals and Supreme Courts.

Jewel Ann Farlow

Ms. Farlow has been a general practitioner since 1988.  There has been some discussion about her conviction of misdemeanor larceny back in 1982 and a subsequent pardon in 2001

(McCullough Seat)

Doug McCullough

Justice McCullough is the incumbent and has served on the Court of Appeals since 2000. 

Cheri Beasley

Judge Beasley has been a District Court Judge in Cumberland County since 1999 and generally presides over the Family and Juvenile Courts. 

(Stephens Seat)

Linda Stephens

Judge Stephens is the incumbent.  She's been on the Court of Appeals since 2006.  Before that she worked mostly in the worker's compensation field, first as a Deputy Commissioner with the Industrial Commission and then in private practice. 

Dan Barrett

Mr. Barrett has worked in private practice for the last 22 years, specializing in employment law. 

(Arrowood Seat)

John Arrowood John Arrowood

Judge Arrowood has served as a clerk with the Court of Appeals, private practice, and as a Special Superior Court Judge presiding over civil and criminal trials across the state.   Prior to that he was in  private practice in Charlotte for 18 years doing complex commercial litigation and was a Superior Court Judge.  He is the current incumbent having been appointed to the Court of Appeals in 2007.

Robert N. (Bob) Hunter, Jr.

Mr. Hunter has been in private practice for 35 years primarily in the Greensboro area. 

John Martin – Court of Appeals (unopposed)

DISTRICT COURT JUDGE (DISTRICT 5)

John J. Carroll, III (unopposed)

J.H. Corpening, II (unopposed)

Richard Russell Davis (unopposed)

Jeffrey E. Noecker (unopposed)

(Criner seat)

Sandra Ray Criner

Judge Criner is the incumbent and has held the seat since 2004. 

Joy K. Alford-Brand

Ms. Alford-Brand is a current Assistant District Attorney in the 5th District.  She has been practicing law for nine years and an ADA for the last three. 

Sign, Sign, Everywhere a Sign...

'Tis the season when those political candidate signs spring up like mushrooms around neighborhoods and commercial districts throughout the land.  Although signs and posters are considered "speech" under the 1st Amendment and therefore cannot be banned by the government, some permissible restrictions have been allowed.  Check your city or county ordinances here to see if there are any restrictions on your posting your support for the Republican, Democrat, or Boston Tea Party before the upcoming elections.

Wilmington N.C., my hometown, allows non-illuminated political signs to be placed on private property with the owner's permission, not to individually exceed twelve (12) square feet in sign area. They also have to be removed thirty days following the applicable election or referendum, and they don't even make you get a permit! 

However, if you live in a planned community with a Homeowner's Association, they usually have the power to regulate all signage on their homeowners' property.  If you live in a planned community, you need to check for restrictions,the Declarations of the Association.  You should have gotten a copy of these when you bought your house or get a set from the management company.  They are also usually recorded at the Register of Deeds office.  Since HOAs are not governmental entities, the 1st amendment doesn't apply to them or their sign restrictions, and can ban them totally if they wish.  However, for any restriction North Carolina does require that they specifically use the term"political sign" in the restriction.  Just banning "signs" won't do it. In addition, for Declarations filed after October 1, 2005, the restriction must be on the first page of Declarations and state in bold capital letters "THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS."  Even when political signs are allowed, the HOA can prohibit their display earlier than 45 days before the election and later than seven days after.   They can also limit the size if the local ordinances don't say otherwise.

So if you have a burning desire to support McCain or Obama, or their sign colors happen to match your house decor, unless you have a real detail-oriented homeowners association, you should be able to show your allegiance if you follow the rules.