Judicial elections matter. Even
among judges who are competent and honest, there are significant
differences in philosophy.
At the trial court level, some
judges are much tougher on crime than others. At the appellate level, some
judges believe their role is limited to applying and enforcing the law.
Other judges usurp the role of the legislative branch by striking down
laws they do not agree with.
In North Carolina most judges are
elected by the voters. (The Governor fills vacancies and appoints certain
“special” judges.) Although judicial elections are important, even the
best-informed voters often know little or nothing about the candidates.
Many who vote for other offices do not cast ballots in the these races.
Judicial candidates are legally
restricted as to what they can publicly state about their views on current
issues. The restrictions, which were relaxed this year, may make the
judicial system appear less “political.” But they also make it more
difficult to inform voters about the philosophy of the candidates.
North Carolina judicial races are
now non-partisan. Although the party affiliation is not listed on the
ballot, the political parties are free to endorse candidates.
For most of the past century,
judicial elections were partisan. Due to straight-party voting, almost all
the judges were Democrats. In the early 1990s, Republicans began winning
the majority of judicial elections. The Democrat-controlled General
Assembly then passed legislation making judicial elections non-partisan.
One can make a good case that the
General Assembly did the right thing in making the elections non-partisan,
even if they did so for the wrong reason. The downside of not listing
party affiliation on the ballot is that voters have even less information
about the candidates.
Local Judicial races
Two contested judicial races will be
on the ballot in the 22nd Judicial District (Iredell, Alexander, Davie,
and Davidson Counties).
Superior Court judges try felony
cases and the larger civil cases. Robert G. Spaugh and Mark E. Klass are
competing for a Superior Court judgeship. Spaugh is a registered
Republican and Klass is a registered Democrat. Both candidates are
residents of Davidson County.
District Court judges try
misdemeanor cases and smaller civil cases. Carlton Terry, a resident of
Davie County, is competing against Davidson County resident Rod Penry for
the seat being vacated by the controversial Judge James Honeycutt, who is
retiring. Terry is a registered Republican, while Penry is a registered
Democrat.
Six incumbent District Court judges
are running unopposed.