Angela Foster, a candidate for Guilford County District Court judge, was disciplined in July by the committee that oversees court-appointed attorneys.
I learned about this when I began seeking information about all the District Court candidates. As part of our endorsement process, I solicit confidential comments from people who work in the court system. Further inquiries led me to public documents in the records of the Committee on Indigent Appointments.
On May 2, Public Defender Wally Harrelson informed Foster: "I am temporarily suspending you from any additional appointments to represent defendants and or respondents pending any action by the Committee on Indigent Appointment. I have determined that such action is needed to assure quality representation of indigent persons in Guilford County."
On May 6, Greensboro attorney Charles A. Lloyd, chairman of the committee, followed up with a letter to Foster, citing her failure to appear in court April 28 on behalf of client Christine Hinesley. "Unfortunately, your failures in Hinesley's case are all too typical of failures in other cases for which you have been counseled and against which you have been warned by the Committee," Lloyd wrote.
He informed Foster the committee would meet in July to consider action, including permanent removal from the indigent appointment list.
A June 24 memo to Foster from Lloyd titled "Notice of Basis for Removal from Court-Appointed Lists," included alleged deficiencies in several instances in addition to the Hinesley case.
In response, Foster submitted a number of documents showing she was active in representing Hinesley and including testimonials from a deputy sheriff, a private investigator, clients (not those cited in the complaints) and an attorney.
The committee did meet and, on July 17, Lloyd wrote to Foster informing her of its decision:
"The committee for the appointment of indigent counsel for the Eighteenth Judicial District has unanimously decided to remove you from all criminal appointment lists. You may remain on all juvenile and non-criminal lists. You may reapply for criminal lists at the July 2009 meeting of the indigent committee.
"I feel I must give you a word of caution: Because of past problems with communications between you and clients and court officials and you, you must be acutely sensitive to possible issues in those areas for the remainder of your career. In other words, you should go out of your way to make sure that you receive communications from the court and that you respond to clients in a timely manner.
"I hope you take this as good news ..."
I met with Foster this morning. She concedes that, with running for office (she had a primary in May), "I was overwhelmed." She missed some contacts with clients. Some were not her fault, she said.
"Have I had missteps? I have and I've tried to correct them."
She also handed me the following statement:
"It is with great humility that I respond to the events surrounding my temporary removal from the criminal indigency defense list. I am happy to report that the phenomenal support of my constituents, as well as my thorough and immediate response to the committee's concerns, enabled me to remain focused on my service to the citizens of Guilford County. When I initially learned of the committee's concerns regarding my ability to handle the substantial caseload to which I was assigned for cases in High Point and Greensboro, I recognized that perhaps the compaign demands of the primary race were increasing at a rate I had not anticipated. As a result, I voluntarily tendered my resignation to Richard Wells (assistant public defender) for temporary removal from the criminal indigency defense list for all High Point cases. Notwithstanding, Wally Harrelson and Charlie Lloyd notified me only days before the primary of their contemplation to permanently remove me from the indigent appointment list. The timing of their action seemed calculated to me then, and even more so now.
"I am happy to report that after the indigency committee hearing addressing these issues in July, Richard Wells informed me that I would remain an active attorney on the indigency defense list for juvenile and child support enforcement cases. Likewise, Mr. Lloyd wrote to advise me of this 'good news' with assurances that I had not been permanently removed from the criminal indigent defense list. I thank my colleagues for submitting letters of support and for sharing my concerns regarding current procedures for representing Guilford County citizens on the court appointed list.
"Throughout my seven years of representing citizens on the indigency list, I acknowledge that I have not always agreed with the manner in which these cases are calendared, scheduled and heard. Much of my dissatisfaction with the system has motivated me and been the catalyst to my seeking the position of District Court Judge. I believe that reform in this area is necessary to improve the overall quality of representation these citizens receive. The overcrowded dockets, requiring attorneys to be present on multiple cases in both Greensboro and High Point on the same day, has not only affected me, but also other attorneys on the criminal indigency list. One of my primary goals upon election is to address this issue from the bench by making every effort to communicate with the attorneys and courtroom personnel to create a more harmonious and fluid approach to the manner in which cases progress."
There are several issues there.
* Foster acknowledges her campaign activities were interfering with her ability to do her job.
* She implies that Harrelson and Lloyd were acting for political reasons (although Lloyd's letter was dated on the day of the primary, not "only days before.")
* She says she was assured she was not permanently removed from the criminal appointment list. The committee gave no such assurance. It said she may reapply for reinstatement next year.
* She blames the system for her problems and says her candidacy was motivated by her desire to fix the system. Yet, I am reliably told that the committee's action against Foster was very rare. Other attorneys are managing to work with the system without experiencing the same problems.
Foster may try to turn herself into a victim and use this episode to strengthen her campaign. I can't see it that way. I believe this does speak to her qualifications to serve as a judge.
She strenuously disagreed during our conversation today and insisted she is better qualified than her opponent, Robert Enochs, an assistant district attorney who is assigned to Superior Court cases. Her practice has been in District Court.
But the pertinent question is, how reliable has her work there been?
I am told she does a good job in juvenile court, which is very difficult for many attorneys. She can work passionately on behalf of her clients and tries to help them find long-term solutions to their problems rather than just get them out of their immediate trouble. Foster is well-liked personally.
But there are too many red flags.
I have a transcript from the Superior Court session of April 28 before Judge Richard Stone (a visiting judge) when courtroom personnel couldn't locate Foster. She told me she did not know her client was scheduled to be in court that day and did not receive communications from the court. More important than the details of one case, however, were the comments by Walter Jones, the top assistant district attorney for High Point:
"This has been something of an ongoing problem, Your Honor. I believe the Court would find that out if it made inquirty of other persons in the courthouse. ... But it has been, I'm sad to report, something of an ongoing problem in various and sundry cases."
I've done what Jones suggested and made inquiries of other persons in the courthouse, and the answers I've heard don't support the idea that Angela Foster should be elected to the bench.