Judges should be independent, not partisan
Campaigns are already under way for 2008 North Carolina judicial elections.
These contests are nonpartisan, but they're still political. Too political.
In this state, judicial candidates are allowed to engage in political activities but within limits spelled out in the Code of Judicial Conduct.
Its very important Canon 1 says: "A judge should uphold the integrity and independence of the judiciary."
Canon 3 A. (6) states: "A judge should abstain from public comment about the merits of a pending proceeding in any state or federal court dealing with a case or controversy arising in North Carolina or addressing North Carolina law ..."
Douglas McCullough is a judge on the N.C. Court of Appeals and an announced candidate for re-election in 2008. He's a Republican, as he makes clear when speaking to Republican audiences.
One such occasion was Oct. 20 at Lake Junaluska in Haywood County. A video at McCullough's campaign Web site captures his remarks.
He describes himself and two other candidates -- Supreme Court Justice Bob Edmunds and Court of Appeals Judge John Tyson, also Republicans -- as EMT, a team needed to rescue the judiciary.
No problem with that.
Then he says Edmunds' re-election is especially important because of legislative redistricting, recounting how Democratic gerrymandering has kept Republicans in the minority in the state House of Representatives. After the next redistricting in 2011, a challenge is sure to go to the Supreme Court, McCullough says, strongly implying that Republicans will get a better deal if Edmunds is on the bench.
I believe McCullough's statements were improper, violating the spirit if not the letter of the Code of Judicial Conduct.
Of course, there isn't yet a redistricting case before the courts. The next redistricting hasn't happened yet. But McCullough himself says there almost certainly will be such a case. While it's not technically a "pending" case at this time, it's a case that reasonably can be anticipated. I'd say, then, that this judge should have abstained from public comments about the merits of the case.
I understand that McCullough said nothing about the legal merits of a potential future redistricting case. His concern had to do with the political merits. Hence the suggestion that the Republican Party will get a better deal from Republican judges. (It follows that the corollary would apply: the Democratic Party will get a better deal from Democratic judges.)
Sadly, that still may be true in North Carolina. But it ought not be. As the code says, judges should uphold the integrity and independence of the judiciary. They should apply the law with impartiality.
Running without party affiliation should free them from allegiance to partisan interests. Voters should expect that, even demand it. They shouldn't want to elect judges with a predetermined disposition in political cases, criminal cases or any other kind of cases.
I wasn't impressed by Judge McCullough's partisan remarks to Haywood County Republicans, and I hope that fair-minded voters will have the same reaction.
Update, Nov. 2: The video has been removed from Judge McCullough's campaign Web site, but it has been posted here.
Comments (46)
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Just a question, Doug.
Are the judicial candidate's party affiliations listed on the ballot? I don't remember.
If I vote a straight Republican ticket will my votes go for Republican Court of Appeal judges as well?
Posted on October 31, 2007 6:21 PM
This is also an excellent suggestion for newspapers also.
Like, imagine not having a newspaper that learns that a police chief is trying to get rid of drug dealers and their supporting infra-structure that then says "how can we help" and then realizing later that they meant they would try to get rid of the police chief.
Posted on October 31, 2007 6:39 PM
I wasn't impressed by Judge McCullough's partisan remarks to Haywood County Republicans, and I hope that fair-minded voters will have the same reaction.* Doug
'Oh my! Here we go again with this republican judge party stuff. You republicans should give it up, since you are already out of the gate trying to smear or stop us once again. This time you won't steal it.....
Posted on October 31, 2007 7:00 PM
A video at McCullough's campaign Web site captures his remarks.* Doug
Does the judge "DWI" Doug website have a police video of his recent arrest for driving impaired while partying at the beach last year? He must be off probation since he is poping his republican mouth off about law and order and those dirty democrats controling this state. If I was Judge Tyson, I would run as far away from Judge DWI Doug as I can even if it means running in South Carolina.
As to Supreme Court Justice Bob Edmunds, he should leave the Republican party as fast as his little republican Blackwater torture robe can fly.
Posted on October 31, 2007 9:43 PM
jaycee, all judicial races in North Carolina are nonpartisan. There is no party affiliation listed on the ballot. The candidates could be Democrats, Republicans or unaffiliated, but that information is not on the ballot. Straight-party votes do not register in judicial races.
Posted on November 1, 2007 8:22 AM
Thanks, Doug.
Seems I'll have to do a bit more homework before the election.
Posted on November 1, 2007 11:41 AM
Until this millenium, judicial races in NC were partisan. When Republican judges started to regularly defeat Democrat judges on the ballot (no doubt due to the public perception that Republican judges would be tougher on crime and less tolerant of frivolous lawsuits), the Democrat controlled State Board of Elections changed the rules and made the judicial races non-partisan to obscure party affiliation.
However, the de facto situation on the ground is that both the Democrat and Republican parties know full well who their judicial candidates are, even if it's not listed on the ballot. The parties support their respective candidates against the other party's candidate.
Now that doesn't mean judges should be partisan in their bench rulings. Judges of course should be fair and objective and apolitical on the bench. However, judges have their preferences for which of their peers they'd like you to vote for, typically someone from their party (and hence political philosophy).
Judges also recognize the fact that gerrymandering happens. What judge would want to see the his party unfairly hurt through partisan gerrymandering? No judge would, including Judge Doug McCullough. I don't think you can fault him for condemning gerrymandered voting districts.
He's served NC with distinction now on the Court of Appeals for seven years. And he's publicly endorsed by former judges from both political parties, including former Chief Justices of the NC Supreme Court. You'll see that on his website, too, at http://www.re-electjudgemccullough.com/electorate.html
Posted on November 1, 2007 5:15 PM
I believe it was the legislature that changed the system of voting for judges. The State Board of Elections would not have that authority.
The problem with McCullough's remarks is that they indicate a predisposition on a case that could come before the court. He should pledge to interpret the law and the constitution with fairness and impartiality.
jaycee, I plan to write frequently about judicial candidates and issues during 2008, on the blog and maybe in print as well.
Posted on November 1, 2007 5:36 PM
He's served NC with distinction now on the Court of Appeals for seven years. And he's publicly endorsed by former judges from both political parties, including former Chief Justices of the NC Supreme Court. You'll see that on his website, too,* Paladin
Yeah, Yeah! But your silence on his recent DWI Plea sorted blows his so-called repected republican-democrat establishment endorsments.
Is there a reason that you forgot that or are you simply another establishment lawyer in denial?
Posted on November 1, 2007 6:15 PM
Thanks, Doug.
I had some professional interaction with McCullogh when he was an AUSA in the Eastern District of NC.
found him a very likeable guy.
Posted on November 1, 2007 6:29 PM
The video is no longer up at Judge McCullough's website, but it is now posted here:
http://www.youtube.com/watch?v=-B8oANSdh9c
Posted on November 1, 2007 6:58 PM
jaycee, I plan to write frequently about judicial candidates and issues during 2008, on the blog and maybe in print as well.* Doug
Doug is the only journalist or editorial author in this state that really puts a great effort in getting it right about Judical offices and candiates. He should get A and congrats for keeping the public informed on this very serious subject that affects just about every citizen in this state on law and order and their individual rights. If he gives answer on judical questions, you can bet that it is about 99.6 % correct without reguard to political parties or special interests.
Now that I have destroy Doug Creditablity as a authority or expert with this thrilling endorsement, He might want to become a expert and authority on why the Carolina Panthers went with a 50 year old QB this year?
Posted on November 1, 2007 7:37 PM
The video is no longer up at Judge McCullough's website, but it is now posted here:
http://www.youtube.com/watch?v=-B8oANSdh9c*anon
Is it the police arrest of his DWI or him appearing before the judge and pleading out his crime?
Posted on November 1, 2007 7:42 PM
Mr Clark:
Judge McCullough is a fair judge who is respected for ruling on the merits of cases before him. Ask any attorney who argues before him.
Meanwhile, voters should be offended at your suggestion that McCullough is too biased and would rule a particular way on a particular case.
You wrote "it's a case that reasonably can be anticipated. I'd say, then, that this judge should have abstained from public comments about the merits of the case."
McCullough couldn't rule on re-districting, even if he wanted to. Every re-districting case goes straight to the North Carolina Supreme Court on a "Bypass Motion". Thus, if he had a predisposition to rule, he could not.
Further, the poster, "Connie Mack" Berry, Jr, is actually a convicted felon. For him to refer to anyone as "DWI Doug" is the pot calling the kettle black. Berry should own up to his true background.
Berry is the husband of Rachel Lee Hunter, a perennial candidate for NC Supreme Court. Last time, she received very few votes when running against popular Justice Mark Martin.
This time, she's trying to pick on Justice Bob Edumunds. If I were Justice Edmonds, I'd be thanking my lucky stars that I'd gotten Ms. Hunter as an opponent!
She and her husband are notorious throughout North Carolina and are shunned in virtually every circle. That's only one reason why leading Democrats were endorsing Justice Martin in droves.
Many of those same Democratic judges are supporting McCullough. I do not know McCullough personally, but I do know his work and appreciate the fairness that a good judge.
"Connie Mack" Berry owes us all an apology and so do you, Mr. Clark.
I'm not posting my last name, out of fear. Berry has been reported to the varous police departments for stalking and thus I cannot take a risk that this convicted felon might come looking for me.
Posted on November 1, 2007 8:54 PM
Mr Clark:
Judge McCullough is a fair judge who is respected for ruling on the merits of cases before him. Ask any attorney who argues before him.
Meanwhile, voters should be offended at your suggestion that McCullough is too biased and would rule a particular way on a particular case.
You wrote "it's a case that reasonably can be anticipated. I'd say, then, that this judge should have abstained from public comments about the merits of the case."
McCullough couldn't rule on re-districting, even if he wanted to. Every re-districting case goes straight to the North Carolina Supreme Court on a "Bypass Motion". Thus, if he had a predisposition to rule, he could not.
Further, the poster, "Connie Mack" Berry, Jr, is actually a convicted felon. For him to refer to anyone as "DWI Doug" is the pot calling the kettle black. Berry should own up to his true background.
Berry is the husband of Rachel Lee Hunter, a perennial candidate for NC Supreme Court. Last time, she received very few votes when running against popular Justice Mark Martin.
This time, she's trying to pick on Justice Bob Edumunds. If I were Justice Edmonds, I'd be thanking my lucky stars that I'd gotten Ms. Hunter as an opponent!
She and her husband are notorious throughout North Carolina and are shunned in virtually every circle. That's only one reason why leading Democrats were endorsing Justice Martin in droves.
Many of those same Democratic judges are supporting McCullough. I do not know McCullough personally, but I do know his work and appreciate the fairness that a good judge.
"Connie Mack" Berry owes us all an apology and so do you, Mr. Clark.
I'm not posting my last name, out of fear. Berry has been reported to the varous police departments for stalking and thus I cannot take a risk that this convicted felon might come looking for me.
Posted on November 1, 2007 8:54 PM
Doug, you're making something out of nothing with Judge McCullough's comments to the Haywood County Republican party. They invited him and other Republican candidates for office to speak at their annual Fall Harvest Dinner. So he let them know he wouldn't want to see GOP politicians gerrymandered out of political office. What's controversial about that? If the judge said he was against murder, robbery, or bribery, would you say he should refrain from commenting on those injustices because they might appear in his courtroom?
"Connie Mack", you're clearly a partisan political crank taking cheap shots at Judge McCullough and the GOP. You wouldn't happen to be Connie Mack Berry Jr., husband of perennial losing judicial candidate Rachel Hunter, would you? Your notoriety and shame precedes you:
http://johnforcary.livejournal.com/2006/09/12/
http://www.theculturalreport.com/post.php?id=1159162333
http://www.newsobserver.com/102/story/496804.html
http://edcone.typepad.com/wordup/2006/08/a_hrefhttpedcon.html
Now Judge McCullough took his lumps over his DWI. He didn't try to weasel his off the hook. He plead guilty for blowing .12 on the breathalyzer. He paid his fine. He surrendered his drivers license for a year.
If "Connie Mack" is indeed Connie Mack Berry, convicted felon, then for him to taunt the judge is beyond ironic. Maybe he's planning to run his wife for McCullough's seat, and he just desperately wants to attempt undermining a sitting judge...
Posted on November 1, 2007 8:58 PM
Connie Mack Jr:
Settle down, Beavis.
Posted on November 1, 2007 9:30 PM
Connie Mack Jr:
Settle down, Beavis.
Posted on November 1, 2007 9:31 PM
Connie Mack Berry, tell us all about the time you served in Georgia? Tell us about the mean, threatening, psychotic letter posted by Paladin in the link above. You are scary. Very scary.
You wrote in the first link, provided by Paladin, that "politics is a contact sport, buddy". You say that your son will impart bodily harm upon your intended victim when he returns from overseas. I'm glad I'm not YOUR buddy. You and Rachel Lea Hunter are an insult to North Carolina.
Further, how dare you insult a fine man, like McCullough, when you aren't worthy of lacing his shoes! Go back to prison where you belong and stop throwing out your thugish threats!
Posted on November 1, 2007 9:33 PM
Now Judge
McCullough took his lumps over his DWI. He didn't try to weasel his off the hook. He plead guilty for blowing .12 on the breathalyzer. He paid his fine. He surrendered his drivers license for a year.* Paladin
And he should resign his seat on the appeals court like any other convicted crook should do...I sure he will recuse himself when the first DWI appeal case hit his desk.....He knows the pain like Slick Willie says......
If "Connie Mack" is indeed Connie Mack Berry, convicted felon, then for him to taunt the judge is beyond ironic. Maybe he's planning to run his wife for McCullough's seat, and he just desperately wants to attempt undermining a sitting judge...* Paladin
It sure it! I am not tauting your phony hypocrite republican judge. Exposing a republican fool just like you.
"Connie Mack", you're clearly a partisan political crank taking cheap shots at Judge McCullough and the GOP. You wouldn't happen to be Connie Mack Berry Jr., husband of perennial losing judicial candidate Rachel Hunter, would you? Your notoriety and shame precedes you: *Paladin
Yep and I plead guilty like your phony hypocrite republican judge did! By the way your sources below is about like your phony judge. I thought you republican thugs were in hiding, Welcome to the fight, you are history this time, lair! lair! Your republican pants are fire once again....
http://johnforcary.livejournal.com/2006/09/12/
http://www.theculturalreport.com/post.php?id=1159162333
http://www.newsobserver.com/102/story/496804.html
http://edcone.typepad.com/wordup/2006/08/a_hrefhttpedcon.html
Posted on November 1, 2007 9:37 PM
> I thought you republican thugs were in hiding,
> Welcome to the fight, you are history this time,
> lair! lair! Your republican pants are fire once
> again....
OK... And so I rest my case on "Connie Mack".
Now if you think Judge McCullough should resign over his DWI, then you're certainly free to feel that way if that single issue is so important to you.
I've actually met Judge Douglas McCullough before and admire the man. He's an ex-Marine and former federal prosecutor. You can find his bio on the NC Court System's website:
http://www.nccourts.org/Courts/Appellate/Appeal/Biographies/Biography.asp?Name=McCullough
Posted on November 1, 2007 10:11 PM
Sarah from High Point said:
Connie Mack Berry, tell us all about the time you served in Georgia? Tell us about the mean, threatening, psychotic letter posted by Paladin in the link above. You are scary. Very scary*.Sarah from Low Point
Sara! Halloween was last night and your John Barbara drag suit won last place in High Point...
And stop stealing children candy,. You are a man aren't you?
You wrote in the first link, provided by Paladin, that "politics is a contact sport, buddy". You say that your son will impart bodily harm upon your intended victim when he returns from overseas. I'm glad I'm not YOUR buddy. You and Rachel Lea Hunter are an insult to North Carolina.*Sarah from Low Point
Way to go Low point Sara! You have just expose that groundkeeperJohn Barbara since he was the only republican thug to make that charge.....By way Sara, My son just got back from Iraq yesterday after a 15 month tour and he is loaded with ribbons and medals, and they are not good conduct medals fool!
Further, how dare you insult a fine man, like McCullough, when you aren't worthy of lacing his shoes! Go back to prison where you belong and stop throwing out your thugish threats!* Sara from low point....
Oh Sara! Stop trying to act like Slick Willie! How Dare you copy Slick Willie comments when confronted with the truth! By the way! Do you always threaten people who own no shoes with lacing? You do understand that prisoners can't have laces in their Chinesee made Nikes?
IN CASE YOU MISSED CONNIE'S FORMER
PERSONAL REPUBLICAN LIFE FERRELL!
And Where Is Rachel's Get Well Card For Her Tumor Ferrell?
Raleigh N & O Comments Under the Dome?
Dear Friends and Voters,
It appears that opposition to my campaign has reached new lows. Not content with attacking me personally, they have now gone after members of my family.
As usual, the article is incorrect. What really irks me is that the day before the story ran, Connie and I sat down for an interview with Andrea Weigl. She is from Pittsburgh and so am I. She pretended to be nice and my buddy. We Pittsburgh girls have to stick together, right? She could have asked us for any comment. She did not. And Connie sent her a statement about the situation. Did she use his comments? Not too many.
Here is the story as well as I have been able to piece together. Connie was convicted long before I met him. What was done was done and I could only decide whether I wanted to have a relationship based on his current conduct. He was very upfront about the situation. After hearing the story, I am convinced that no real criminality occurred and that this was nothing more than a political witch hunt. Perhaps you will agree.
Connie has been many things in his life. He was a college and professional athlete. He worked for an oil company. He had his own businesses. In the course of his life, he became involved in politics. He was a candiate for many Republican offices in Marietta, Georgia. He was the man behind the "Contract with America" and Newt Gingrich's "Republican Revolution." He helped propel Jesse Ventura into the governor's mansion in Minnesota.
He also made many political enemies, especially after the Republican Revolution, which fizzled after the Republicans were elected to office and he witnessed the Republicans and New Gingrich turn on him. And so his enemies watched and waited for their chance. Oh, they had tried unsuccessfully to get him earlier, but their efforts had failed. But in 1994, his sister died of a brain aneurysm. Two months later, his wife also died of a brain aneurysm. While these losses would be enough to make one depressed, he was diagnosed not only with lymphoma but with stomach cancer. He had surgery, radiation and chemotherapy. I have undergone some of these procedures and can only imagine how hard the chemotherapy must be. It saps your will to eat. It saps your will to live. It makes you incredibly depressed.
Because of the medication and the deaths, it is an understatement to say that Connie was not himself. It was while he was at his weakest that his political enemies decided to strike. They called him after his wife's death and said "we are going to get you." And so they did.
A mutual friend who had talked to the district attorney admitted that he had trumped up charges. So much for justice. This was about settling a score and Connie had it coming. Connie was essentially accused of stealing from himself, which any first-year law student knows that you cannot do. You can steal from another, but not yourself. And anyone who has read "The Hunt for Confederate Gold" knows how easy it is for the government to accuse anyone of criminal misdoing.
An old expression is that "you can indict a ham sandwich." The jails are full of innocent people put in jail for all kinds of crimes which they did not commit. So don't say that it cannot happen in America. It can and does happen here every day.
The then district attorney made the charges and pulled other dirty tricks, like switching judges. Connie was tired and unable to effectively fight. He entered a plea of nolo contendere and was sentenced. But his enemies did not stop there. They even tried to assist him in dying in prison. You see, Connie has extreme vascular and heart problems. He can't even walk fifteen feet without beginning to limp. His nerves and vascular system are shot with disease and, one day, he will lose his right leg due to the poor circulation.
Unfortunately for his enemies, Connie proved to be a tough old bird. He did his time and when he got out, it was time for payback. The district attorney left town to pursue another calling and Connie helped elect a new district attorney who is still there. I've met him and talked with him and Connie. Now, would a district attorney who thought Connie was guilty do that? Newt Gingrich was suddenly gone as well. All his enemies were soon out of power.
Connie retired from politics and later was introduced to me. And he would still be retired; he has seen enough of the ugliness not to want to be involved any longer. But it was through my insistence that he got back into it, first helping another candidate and then me.
There were comments that Connie can put out yard signs but that he cannot vote. First, he is not putting out yard signs for me. I was told that a Supreme Court candidate cannot put signs on the roadway. Obviously, this rule is not followed by the candidates and most of them violate it. I also decided that it is meaningless to pay someone to drive up and down the highways of this state to put up road signs. What is meaningful is to see signs in yards and I see almost none. Besides, road signs do not win elections; that much was established in 2004 in the race between then Justice Parker and Judge John Tyson. Tyson had road signs all over; I did not see a single Parker sign. She trounced him handily. And yard signs only clutter the environment. That is why I do not have yard signs.
More importantly, Connie can vote. N.C. Gen. Stat. § 13-1 governs the restoration of the right to vote. It says that "[a]ny person convicted of a crime, whereby the rights of citizenship are forfeited, shall have such rights automatically restored upon the occurrence of any one of the following conditions: . . . (5) With regard to any person convicted of a crime in another state, the unconditional discharge of such person by the agency of that state having jurisdiction of such person."
As far as I know, Connie was discharged, unconditionally, by Georgia. Georgia allows people who have completed their sentence the right to vote. No application, no nothing. Its automatic. Connie can vote in Georgia. Connie can vote in North Carolina.
Voting is one of the few constitutional rights that we have left to exercise. However, it has been part of the Republican strategy to disqualify votes. But to disqualify votes prior to the election? It is unthinkable, yet we have it here in North Carolina as the attempt to disqualify Connie demonstrates.
To all those detractors like Ed Cone, John Hood, Doug Clark and others who say that Connie should "come clean" and talk to the media, I say no he could not. When the media will not ask you for comment and will not print what you have to say about it, why bother? And who are the "credible sources" that the N & O chose to rely on for their article? A person with a psychopathic obsession with me and my campaign and operative of the mafia-like NC GOP and old articles at the Atlanta Journal-Constitution, a real authoritative source. Given the NC GOP's prior tactics in which they have tried to intimidate Connie by sending someone identified as "The Fixer" who fixes "problems" for the NC GOP, I can only conclude that such tactics are more apropos of Tony Soprano and other members of the Bada Bing Club than they are of a political party. "The Fixer" is acquainted with the obsessive person who does not appear to have a job in any field, let alone one in which he would be credible as it relates to Connie or the criminal justice system.
Regarding the Atlanta Journal-Constitution, this too is not exactly a credible source of information. I realized early in attending my father's trials that the trials I attended never quite matched up with accounts in the newspaper. This was confirmed later when I worked for the courts and handled high profile cases. I looked at the evidence and knew what happened. The newspaper got it wrong and blatantly so. They are so wrong about judicial/legal matters that I have come to conclude that they cannot be trusted on anything at all and I get my news from other sources. So it does not surprise me that the N & O chose to rely on half-truths printed by another paper. Repeating them does not make them any more true.
No, it is not sad that I receive so much publicity, most of which is negative and has been ginned up by the mainstream media. It is a sad day when this kind of sloth and ignorance passes for bona fide journalism. It is no wonder the voters are apathetic and news subscriptions are declining.
Rachel Lea Hunter
Posted on November 1, 2007 10:27 PM
Hi Connie,
I'm truly sorry that you were ill. It seems as if your cancer is long behind you, so why the thuggish talk now? That proves our points and thank you for doing so. Perhaps your "character" was altered forever after your treatments.
Remember the old adage, "give 'em enough rope and they'll hang themselves"? It appears that this has occured here.
I am indeed a woman, but it is you who was trying to hide behind a handle. Because I fear you and your thuggish ways, I'm like "Karen" and will not post my last name.
I don't know her or "Paladin" or "Jaycee" either. Perhaps we all fear you. You have quite the reputation and perhaps you should clean up your own house and reputation before confronting others...
Posted on November 1, 2007 10:42 PM
Doug Clark:
It wasn't the "State Legislature" that changed the rules and made the judicial races non-partisan.
It was the Democratic-Controlled state legislature. There is a difference.
You fail to point out to your readers that our general assembly, in their gerrymandered districts, wanted to put a stop to Republican judges. They couldn't do it at the ballot box, so they've done it via the legislature. You should have mentioned this in your article.
I'm sure you've heard the term "yellow journalism". I urge you not to be so one-sided.
Posted on November 1, 2007 10:48 PM
Now if you think Judge McCullough should resign over his DWI, then you're certainly free to feel that way if that single issue is so important to you.* Paladin
You got that right phony dude! It's called the 1 st amendment something that you are not up to speed with. You must be more stupid than I thought if you think I am a one issue idiot like you trying to defending a drunken judge who is still sitting on the Court. So much for your corrupted republican principles.....
I've actually met Judge Douglas McCullough before and admire the man. He's an ex-Marine and former federal prosecutor. You can find his bio on the NC Court System's website:* Paladin
Good for you! He already has one strike against him being a former federal prosecutor since that is no longer a badge of honor after watching the Bush Justice department run wild over the constitution in the civil rights.....Besides, We have gone over every case the judge has rule on and he is no friend of the Constitution and individual rights. So stick that bio somewhere else like in a republican country club!
Posted on November 1, 2007 10:49 PM
I'm truly sorry that you were ill. It seems as if your cancer is long behind you, so why the thuggish talk now? That proves our points and thank you for doing so. Perhaps your "character" was altered forever after your treatments.* Sara using republican Orwellin newspeak
You have no idea about pain nor understand the prison industrial complex system nor politics. I suggest you try your double twisted bs republican psycho babble therapy somewhere else. I am a professional and you are outnumber by the American people who want payback from you republicans who have screw up a free lunch with our liberty, life ;and what property we have left.
Remember the old adage, "give 'em enough rope and they'll hang themselves"? It appears that this has occured here.* Sara
You sure have, now kick out the chair and complete your insanity process for being a loser.
I am indeed a woman, but it is you who was trying to hide behind a handle. Because I fear you and your thuggish ways, I'm like "Karen" and will not post my last name.* Sara
Oh stop hiding behind the skirts of drag queens and children. Real people have nothing to hid....You are a coward, now deal with it....
I don't know her or "Paladin" or "Jaycee" either. Perhaps we all fear you. You have quite the reputation and perhaps you should clean up your own house and reputation before confronting others...* Sara
My dear! You better fear your government first, it wants to make you a Orwellian slave forever.....
Posted on November 1, 2007 11:02 PM
Connie Mack Jr:
Settle down, Beavis.*Big Daddy said:
You need to change channels Big Brother to South Park, at least we know the libertarian producers are supporting Ron Paul AND the below release statement should cool the heels of the little 22% republicans here about real justice in the judical system, instead a of sitting republican DWI judge, who has got it backwards about justice and political systems. Does the term hypocrite mean anything to you republicans anymore?
"APOCALYPTO"
November 1, 2007
Dear Friends and Voters:
A few weeks ago, I had the occasion to rent Mel Gibson’s latest release, “Apocalypto.” The movie details one young Mayan’s struggle to escape from capture and return to his young pregnant wife. Not very exciting stuff to most Americans. But there is a lot more to the movie than merely one Indian tribe killing another in barbarous fashion.
The movie begins with a quote from the late historian, Will Durant. It reads:
“A great civilization is not conquered from without until it destroys itself from within."
He was right. Looking deeper into the movie, one can see the moral decline of the once-great Mayan empire. Its declining state made it ripe for conquering by the Spanish conquistadors. Yes, there were other factors. However, if the Mayans and Aztecs and other tribes were not in such state, they could easily have overpowered the relatively few number of Spaniards.
One can look beyond the Mayans. The same thing happened to the once-mighty Roman Empire. It extended from Britain in the north to Africa in the south; from Spain and Portugal in the west, to Turkey and the Mid-East. The Roman army was a force to be reckoned with by ancient standards; for awhile it ruled what was then considered the extent of the ancient world. And then it all came crashing down. Emperors fought and struggled to preserve or regain the territory. Constantine realized that the old Roman empire was crumbling. After he came to power, he had the smarts to get out and founded Byzantium, taking whatever nobles and riches were left. Although the Roman Empire in the form of Byzantium survived another thousand years in the east, the western Roman empire was defunct and sacked numerous times by the Gothic tribes from the north.
The reasons for the fall are simple. No money, endless wars, moral depravity and attempts to defend or preserve the crumbling empire. Are own culture is no different. Just look at the drivel on television.
We, as a people, are more concerned with the identity of the father of Anna Nicole Smith’s baby, Paris Hilton’s brief stay in jail, Brittney Spears’ custody battle or Lindsay Lohan’s trip to rehab than we are with the destruction of our civil liberties, the looming insolvency of Social Security or other pressing issues. We are wearing out the printing presses (metaphorically speaking) printing money, thereby devaluing our currency even more than before. US dollars do not have clout anymore throughout the world and for the first time, Canadian dollar is valued higher than the US dollar. And we are an empire, keeping our military presence throughout the world. Not to mention being embroiled in an intractable civil war in Iraq as well as Afghanistan, with no end in sight as former General Ricardo Sanchez recently stated.
As my neighbor asks, “what can we do?” I don’t have the answers, but more and more people are waking up. And they are not just waking up. Some are even fighting back. Say what you want about the 9-11 Truthers, but they are starting to confront those in authority. They are not buying the official government version. Sure, every group has some members from the lunatic fringe. And every group has its agent provocateurs who are there to create chaos and keep the group neutralized and harmless to the real boys in power.
Yet, one need not accept every facet of their conspiracy theories to know that something is wrong with the official version. Watch just a few minutes of a controlled demolition and compare it to the fall of the World Trade Center and see with your own eyes instead of believing what you have been told, especially by those in charge. Scientists and engineers are in this group, not just grungy young people who come from Rent-a-Mob. These people are not crazy. They know that something is wrong. That is why the 9-11 Truthers are starting to fight back and confront the architects of these fabrications, people like Norman Podhoretz, David Rockefeller, Bill Clinton and even Bill Maher. We need more people like this to stand up and take charge.
I wish I could say that things are better in our own state. We have three individuals running for governor on the Republican side. They have been referred to as “The Three Stooges.” That is an insult to Larry, Moe and Curly. At least they were funny! These people are not. We are attempting to evaluate their fitness for governor, and one candidate has stooped to attacking my significant other, “Max.” Do you mean to tell me that there are no other issues in this state that are so pressing that the very first thought is to attack Max? Is Max that important that you, have to work in that nasty comment? Others have called you “Spongebob” and I can see why. And to think this guy was once a justice on our state Supreme Court.
The other candidates do not fare much better, as they appear to have more money than intellect. And on the Democratic side, the candidates remind me of children in kindergarten with a childish argument of “Did not! Did too!” over some issue awhile back. I have not even bothered to follow their follies other than to provide myself with occasional amusement. One would think that we would have better quality to choose from than this.
The race for the US Senate is not immune either. Senator Dole is seldom in this state unless it is at a military or photo op function and convenient. She has not done anything except act as a rubber stamp for President Bush while the Republicans were in power. She has not done much since then and we would be well rid of her. In fact, she could be beaten by the right kind of candidate. Unfortunately, we are not going to get that in this election cycle, as the Democrats have virtually conceded the seat. The Democrats could not find anyone, not a single soul, to run against Dole. Finally, a banker named Jim Neal stepped forward and announced. As soon as he had done so, the Establishment wing of the Democratic Party had a “V8” moment and woke up. For those who think that the Progressive side of the Democratic Party is in charge because Jerry Meek was elected, think again. The Establishment consists of money people and the money people call the shots. Jerry and the party boys dance to their tune. And it became painfully evident in the Jim Neal case.
You see, Jim Neal announced that he is gay. I don’t care if he is gay. Who he sleeps with is none of my business as long as he gets the job done and is genuinely concerned for the welfare of the citizens of this state and is not a do-nothing rubber stamp like what we have now. But the Establishment was horrified at the thought of a gay man in Congress. Can’t have that! So they went into action and pressured state Senator Kay Hagan to run.
As Jim Neal stated, “we don’t have coronations” in this country. No, we don’t. We have elections and the more talented people who run for office the better. However, it is very hypocritical of the Democratic Party to put up a candidate against him solely because he is gay. Had he been straight, this never would have happened and the Establishment should rightfully be ashamed.
And then there is “DWI Doug.” I discussed in a piece during my campaign how Judge J. Douglas McCullough was stopped and charged with driving while impaired and speeding. “DWI Doug” attended an event in Haywood County recently, although he has removed it from his website. No wonder. While there, he stated that there was a Republican Judicial team and implied that the citizens need to keep a majority of Republican justices on the state Supreme Court because there will be yet another re-districting battle on 2010. Let me see-is not this supposed to be a non-partisan race? Are not judges supposed to be impartial, neutral arbiters and not signaling how they will rule in a particular case? And here is Doug promising that we need Republican justices and they will vote the right way on a case, nudge, nudge, wink wink.
Why is this not a violation of the Judicial Canons of Ethics? Oh, that’s right. Silly me. These were written by Doug’s good friend who is running for office. The NC State Bar would never be interested in investigating that, especially when they are so busy investigating me. Why, I am a real threat because in the last campaign, I used a nickname. Speaking of the bar, they found that there was no probable cause to find that I had violated the Judicial Canons by not taking down the nickname.
As a final note, there was some wrangling by the NC Medical Board over the death penalty for prisoners. I am glad that the US Supreme Court granted a stay to the defendant in Mississippi. I agree with the comments made By Dr. Mary Johnson in the Raleigh paper that individual doctors ought to decide for themselves whether or not they should witness such executions. But for me, the choice is now clear. I said in the past that we ought to reserve the death penalty for exceptional cases. In other words, it should be legal but rare. No more. I recently read a book that changed my views on that. John Grisham released a book called “The Innocent Man.” Most people are thinking fiction like “The Pelican Brief” or “The Firm.” I am not here to promote John Grisham’s books, but this book is no work of fiction. It is an eye-opener for anyone who says they are for the death penalty and all but the very hard-hearted will be pro-death penalty after reading this book.
This is a true story of justice in Ada, Oklahoma. Although the book discusses several individuals, the main character is Ron Williamson. He started life as an aspiring baseball player, but mental illness set in. He was the town crazy and not liked, mostly because his mental illness was out of control. We have always put to death the town crazies in America, people who are a different color, people who are outside society, people who are different. Faced with a horrible murder, the police could not be bothered with doing real investigative work and pinned it on Ron Williamson, the town crazy, and a friend, Dennis Fritz, who just happened to know Ron. Predictably, the pair were convicted and their convictions upheld by the courts. But their story does not end there. Ron was only five (5) days away from execution. Five days!
A federal judge with intellect and his equally smart staff issued a reprieve and granted Ron’s habeas corpus petition. After that, Barry Scheck had gotten involved and through DNA testing, it was shown that Ron and Dennis were innocent of the crimes and that the murder was committed by another individual.
How can a case go through the police and court system and have the convictions upheld on direct appeal? In reading the book, one learns of the tactics used by the police. And then there is the district attorney. People think of Michael Nifong’s antics, but the district attorney in Ron Williamson’s case is just as bad, if not worse. In an odd twist of fate, he is suing both John Grisham and Dennis Fritz for defamation. Dennis also has written a book about his ordeal. This from a man who has wrongfully convicted not just one, but several individuals. For the years he has taken from these men, he should humbly beg their apology, not sue. However, he is just as unrepentant as Michael Nifong and I can only hope that he meets with the same fate.
How can this happen in America? It can and it does. The jails are full of guys like Ron and Dennis and the others talked about in the book. There are police who gather flimsy evidence in an effort to solve heinous crimes. There are less than stellar judges and justices and their law clerks. And there are bad district attorneys who want to get publicity or use the office of the prosecutor as a stepping stone to higher office.
As long as we have police and prosecutors and judges like this, we can never be certain whether the man or woman that we put to death is guilty or innocent. When such time comes where humans are perfect and we can know with certainty that those who are convicted are truly guilty, I might reconsider my position. Until that day arrives, we should put an end to the death penalty.
Rachel Lea Hunter
Posted on November 2, 2007 12:50 AM
Doug! On a personal note about the Mel movie. Mel is selling every piece of his properties in the States along with foreign including breaking with Rupert Modoch [ News Corp] on investments with him and is packing his bags to Costa Rica with his family who will live in the Bush until the end times...that's not George Bush by the way. When smart people start thinking this empire is over, it is time for the masses to wake up along with the powers to be.......Do not fall for the Conservative, Republican, Liberal Democrat paradign trap, it only serves the masters and divides...
Your good judical buddy heading south after the next election
Posted on November 2, 2007 1:18 AM
Since the republicans at this site have gone bananas over the judical system with their favorite DWI judge. The battle with has finally ended with the Bar and the Republican party leadership seeking to control our 1 st amendment rights....
RACHEL LEA HUNTER
CARY, NORTH CAROLINA 27513-4348
September 28, 2007
Ms. Fern Gunn Simeon, Esq.
Deputy Counsel, NC State Bar – Grievance Committee
Post Office Box 25908
Raleigh, North Carolina 27611-5908
Re: Grievance Number 06G1318
Dear Ms. Simeon:
I am in receipt of your letter dated September 14, 2007. Attorneys have been absent from the office and this has resulted in my working till 9:00 p.m. virtually every night. I do not have the luxury to work on the bar’s time schedule. My rate is $150.00 per hour and I am not going to squander any more time on this frivolous witch hunt unless the bar wishes to compensate me therefor.
Frankly, I marvel at the bar’s colossal waste of the taxpayer’s money in this matter. Our country and state are facing tremendous financial and other problems, yet the state bar and yourself have spent countless hours printing out information from my website and writing to me. Now that Michael Nifong has been disbarred, am I to believe that no lawyer has engaged in unethical conduct but myself?
The state bar may disregard the public, but I do care about the taxpayer’s money. It is not necessary for the state bar to print out information from my website. I am aware of what is on my website generally, although I have not had occasion to go there in the recent past.
You appear not to have read my letter or it would not have prompted your response. Had you done so, you would have answered this question. I ask again – what is new? What new reference to the phrase “Madame Justice” has been made since the bar issued its letter? There is no new reference.
I also told you that whatever is on the site is there and will stay there. I do not have the time or energy to take it off since it is in the control of my excellent webmaster. Since the campaign ended, my time has been consumed with the Thanksgiving and Christmas holidays, the health of various family members and the health of myself. I have not only had to attend to my personal needs, but those of others in my family. I simply do not have the time.
Ms. Fern Gunn Simeon, Esq., Deputy Counsel, NC State Bar – Grievance Committee
Page 2
September 29, 2007
I have stated my previous position ad nauseum and will not repeat it here but incorporate it by reference. I add that the state bar is very much aware of the nature of my involvement in the legal field. Assuming that the state bar is ignorant of this fact, know that for the most part I counsel poor people regarding their legal and other problems, occasionally reviewing or preparing legal documents such as real estate documents, wills, powers of attorney or contracts and the like, or writing letters on their behalf. I am not involved in litigation and refer individuals to other litigation attorneys should the need arise. I also handle appeals on an infrequent basis, but perform such work under the supervision of one or more principals at the firm. I do not have the authority to decide which cases or clients the firm will represent and there is not even a scintilla of a chance that anyone could even possibly claim that he or she was misled about my legal skills by anything on my political campaign website. So it is not about the noble goal of protecting the public from me.
Why then this much attention? Tracking indicates that an individual or individuals working for the North Carolina Court System have been visiting my website in conjunction with the state bar. This individual or individuals constantly has visited my website, even on the weekends. And he or she is using taxpayer resources to do so. It appears that this person and the state bar are acting in concert for the sole purpose of intimidating and harassing me so that I will never again run for any office. I intend on ascertaining the identity of such person or persons as they will be included in any lawsuit that is brought. If my supposition is borne out, this has now passed from harassment to the realm of collusion and civil conspiracy.
I request for a third time that I not be contacted at my place of employment. Should further correspondence be necessary, I can be contacted at the above address in this letter.
Cordially,
Rachel Lea Hunter
RLH/rlh
Posted on November 2, 2007 2:16 AM
In case anyone is curious, here's a press description of Connie Mack Berry Jr's felony conviction:
http://tinyurl.com/2ehoe2
Mr. Berry's sentence was 2-1/2 years in prison plus 7-1/2 years of probation.
His wife, Rachel Lea Hunter, has a pretty good excuse for her erratic behavior. Tragically, she has a brain tumor. But there is no excuse for Mr. Berry's misbehavior.
In contrast, consider Doug McCullough. I don't know him personally, but my understanding is that he made the mistake of giving his mother-in-law a one-block ride home after a family gathering at which he had consumed one or two beers too many. As a result, he lost his drivers license for a year. Yes, he was wrong. But his performance on the bench has been exemplary, and his traffic offense is hardly comparable to Connie Mack Berry Jr's longstanding pattern of criminal behavior.
BlewNC
Posted on November 2, 2007 2:18 AM
NC Bar surrenders to the Internet " Madame Justice" again!
THE NORTH CAROLINA STATE BAR
Grievance Committee
October 11, 2007
Ms Rachel Hunter
Cary, NC27513
Re: Grievance filed by State Bar
Our file no: 06G1174
Dear Ms Hunter:
Because you were contacted during the investigation of the about-referenced grievance, I wish to inform you that the Chair of the Grievance Committe, another member of the Grievance Committee, and a staff attorney with the State Bar Office of Counsel consider this matter. We determinded that there was not probable cause to believe that you violated the Rules of Professional Conduct and dismissed the grievance.
If you have questions about this matter you made contact Fern Gunn Simeon, the staff attorney to the case. Thank you.
Sincerely yours
James R. Fox Chair
Grievance Committee
JRF/lr
Posted on November 2, 2007 2:26 AM
In case anyone is curious, here's a press description of Connie Mack Berry Jr's felony conviction:
http://tinyurl.com/2ehoe2
Mr. Berry's sentence was 2-1/2 years in prison plus 7-1/2 years of probation.* unknown coward republican
For the record! I serve 18 months! So much for your Orwellian police state republican source.
His wife, Rachel Lea Hunter, has a pretty good excuse for her erratic behavior. Tragically, she has a brain tumor. But there is no excuse for Mr. Berry's misbehavior.* unknown coward republican who is getting his clock clean here today
The only erratic behavior that has been seen at this site is republican lying fools like you trying to defend corruption and lies and unable to have the guts to show your coward face and name. So much for your republican courage!
In contrast, consider Doug McCullough. I don't know him personally, but my understanding is that he made the mistake of giving his mother-in-law a one-block ride home after a family gathering at which he had consumed one or two beers too many. As a result, he lost his drivers license for a year. Yes, he was wrong. But his performance on the bench has been exemplary, and his traffic offense is hardly comparable to Connie Mack Berry Jr's longstanding pattern of criminal behavior.* Unknown coward republican giving Blues brothers excuses.
Boy! If that is the best excuse you can come up with for your sorry excuse of a drunken and impaired judge, You should be a poster child for MILFR12B....Mother-in-laws for point Republican12 beers
You must be one sick republican dude to post that crap at this time of night and most likely a obessive and addicted republican thug.....
It appears that Reality is not your strong point in life!
Posted on November 2, 2007 2:46 AM
ardly comparable to Connie Mack Berry Jr's longstanding pattern of criminal behavior* Unknown BlewNC
Here you go republican thug sport! I believe you are in this chapter. You would be amaze how many folks is reading this little book about judical campaigns in this state as a manual.
CHAPTER XI ?NC GOP DIRTY TRICKS
As with the last chapter, allow me to state that I am not criticizing all Republicans everywhere. In fact, some of the NC GOP judicial candidates were quite cordial to me and even sought political advice from my campaign advisor in both the 2004 and 2006 campaigns. He gave it freely and without charge. I will not mention their names, but I appreciated the kindness that these individuals showed. To be fair, some of the Democratic candidates also were kind, whereas others were not. Kindness, no what side of the aisle it comes from, is always appreciated. My comments are confined to the NC GOP leadership, and in particular, Chairman of the NC GOP Ferrell Blount and his right hand man, Bill Peaslee, both of whom have now resigned from their positions.
Where do I begin? The dirty tricks were first felt during the campaign by the junior partner. In that campaign, four individuals emerged. I will identify them by the titles I have used to describe them. They are as follows:
1. The saboteur ?He was ostensibly in charge of the position and was to assist all of the candidates. Early on, his true colors emerged and it was clear that he was there to make sure that none but the chosen candidate prevailed. He later emerged in my own campaign.
It started by his nasty email to me. It was my policy during the campaign to air the nasty emails I received and my responses to these people. After the 2004 campaign ended, he started. I chose to publish his hate mail. He then publicly defamed me and put his comments in his newsletter. He publishes his newsletter to those of like small mind who have taken it upon themselves to purge anyone from the party who dares to have an original thought that is not 110% in lockstep with them. They have succeeded and with any further success, I predict that the NC GOP will be down to four members meeting in a phone booth.
The saboteur re-emerged in my 2006 campaign. Someone needs to tell this fellow that I left the NC GOP and do not care what opinion he holds. Unfortunately, he seems to think that I should and felt impelled to send yet another nasty email message to me. In it, he threatened to go to the managing members of my law firm. When I published his message, with names of managing members and my employer omitted, he did just that.
In law, we have a principle known as tortious interference with contract. My employment had nothing to do with my campaign. Any views expressed by me are my own; I do not speak for my employer. They wanted to remain neutral in the campaign and rightly so. However, this individual deliberately attempted to interfere with my employment. If I lose my job because of the saboteur, he and others will be facing a lawsuit. Know and recognize him should you decide to run as a candidate for office in the NC GOP.
2. The mole ?The mole participated in the campaign of the junior partner. In assembling a staff, my husband asked around who was recommended for employment as a webmaster. At the time, my husband was new to North Carolina and had not made connections with various folks. He did not know who was who. As a result, he made a few political calls and this was who was recommended. Little did he or the junior partner know that they had been set up.
I became suspicious when the mole produced a campaign list. I asked how he acquired it and the mole was very evasive. I wondered to myself if it had been acquired illegally. In looking back, I suspect that it was given to the mole in exchange for useful information about the campaign. The list turned out to be virtually useless.
However, when the campaign showed signs that it was very much alive, the mole went into action. He acquired the campaign website and changed the password so that the campaign could not access it. The mole engaged in other acts of behavior that were odd. When confronted, the mole denied that he had engaged in wrongdoing. Finally, it could not be ignored and events culminated in a very late night by the junior partner and my husband in which they confronted the mole and threatened to go to the police unless the mole resigned. He did.
That was not the end of the mole. He, too, emerged, during my 2004 campaign. His contribution was to call me 揻at?and 搖gly.?SPAN style="mso-spacerun: yes"> He later made an appearance in the 2006 campaign and called me a 搑etard?because of my appearance, which has been explained, following my surgeries. After such name-calling, it appears that the mole departed from the scene.
As an aside, the mole pled guilty to criminal charges stemming from his own failed political campaign before he became associated with the junior partner. The mole is a pathological liar. Know and recognize him if such a character surfaces in your own campaign.
3. The plant ?Again, this figure emerged in the campaign of the junior partner. At various campaign events, this man would always show up. He claimed to be an unemployed nuclear engineer. However, he indicated that he was affiliated with some political outfit. This was true. His purpose was to learn about the workings of the campaign and report back. As with the saboteur, his mission was to make sure that the junior partner did not succeed in his quest for office. The plant never was really active in my campaign, but you need to be aware of this type.
4. The ringer ?This was another candidate in the junior partner抯 race. On the last day to file, before the deadline expired, in strolled the ringer to put his name on the ballot. Nothing wrong with being last to file as I did this in the 2004 campaign. The purpose was to see who signed up and whether I wanted to get in the race given my opponents.
The ringer, however, had absolutely no qualifications for office. He was not congressional material. So why was he in the race when there were three other people? Given the ringer抯 conduct, it became obvious. The ringer had been told to run, not by God as he claimed, but by the NC GOP. His purpose was to divide the vote among the others running so that the NC GOP choice would succeed. He also engaged in acts of sabotage against the campaign by stealing signs. Be aware of this tactic.
As I stated, the saboteur, the mole, and to a lesser extent, the plant, emerged in my campaigns for office. Unfortunately, the tricks were not confined to these individuals and two more were added to the list. They are the fixer and the operative.
The fixer ?during my 2006 campaign, my husband said he would attend a town meeting. I worked, but as we live in the town, he went to the meeting. While there, he encountered the fixer. The fixer, who seems to be a vertically-challenged individual, sought to intimidate my husband, who is six foot five inches tall (6??. Regardless of height, my husband is not the type of man who is intimidated anyone. As stated, he has spent time in prison. He knows what intimidation is all about.
The fixer approached my husband and indicated that he 揻ixed?problems for the NC GOP, much like a hitman for the Mafia, who is hired to threaten and intimidate someone who owes money the Mafia money and if they don抰 pay, to break their legs or worse.
As I stated before, there was a move afoot to get at me by taking out my husband. Was this part of the effort? We will never know. But I do know that the intimidation did not stop there. He has emailed my husband constantly. My husband laughs it off and encourages him to send more outrageous emails, much like drawing an unwary animal into a trap. The fixer has fallen for it, but I do not like being threatened in this manner. What is the message that is sent? That someone like this will 揻ix?the situation unless I drop out of the race? That my husband or I are being followed to public events? That my husband is in his sights to be taken out?
The operative ?In the first campaign, this seat was filled by another individual. His duty was confined to saying negative things about me, like defaming my employer or the type of work that I did. However, we came together during the fight for the chairmanship of the NC GOP in 2005. And he was very decent to me while I recuperated from my surgery, even bringing me a home-cooked meal. Nothing negative would be said against the other after this. So the NC GOP would have to turn elsewhere.
The NC GOP found a new operative called John Barbara. John Barbara appears to be an uneducated individual, employed as a grasscutter. However, his actions suggest that he is on the NC GOP payroll. Oh, I doubt that there is overt proof and those involved are not likely to ever admit it, but one never knows. Each time that I say to myself 搕hey can抰 be that stupid?the NC GOP manages to prove me wrong.
John Barbara抯 mission was to discredit me. He launched a website devoted to attacks on me. He reviewed my campaign reports and filed complaints not only with other candidates who had received donations from the PAC that was created, but with other agencies, including the bar association. Oh, he was a coward and did not put his name on the complaint, but he claimed publicly that he jwas responsible. He did not stop there. He defamed my husband, who is not a public figure and who is not subject to the standard enunciated in New York Times v. Sullivan, supra. He was another who loudly predicted that I would only garner a small percentage of the vote. Again, how would he know that, unless he knew that the fix was in to make sure that the prediction came true?
Unfortunately, the NC GOP dirty tricks were not limited to the actions of the individuals I have outlined here. During my first run for office, I was subjected to a 搘hispering campaign?as well as automated telephone calls. The whispering campaign was instigated by the NC GOP who called members of the party to 搒pread the word?about me, stating that I was not from North Carolina and/or that I was 搇oony.?/FONT>
This continued during the 2006 campaign in which operatives were hired to visit polling places and spread these lies. These operatives were even from as far away as Cherokee county! I know this for a fact as a client called to tell me. My husband encountered another operative when he went to vote and they were urging others not to vote for me because I was 搇oony.?SPAN style="mso-spacerun: yes"> Again, this person knew only what they were told and had never met me.
Others told me of the automated telephone calls by Elizabeth Dole and I still have her captured on tape endorsing the NC GOP candidate in the 2004 race. The NC GOP also was instrumental during the 2004 campaign in changing the fundraising rules to prevent people like me from raising any money. Calls were placed to certain congressional representatives that I had met to stop them from giving me recognition at an event at Duke. This did not work, but they tried anyway.
After my criticism of Mr. Robinson, I was subjected to a barrage of hate mail from the 揻reepers?as I call those who are regulars at the Free Republic website. This indicates that this group can be mobilized into action from outside the state. If you receive such hate mail from members of this group, recognize them, expose them for who and what they are and do not let their antics get to you.
But wait, there is more! Prior to the primary in 2006, the NC GOP sent out a series of email alerts, all of which targeted me. I was not even running in the primary and yet the email alerts were aimed at me. The NC GOP even ignored its own judicial candidates, who were running in the primary.
At approximately the same time, the NC GOP enlisted the services of two of its members, Attorney Steven Hedges of Greensboro and Representative David Almond of Stanly County. Attorney Hedges was among those who filed a frivolous bar complaint against me for failing to remove him from my email list. To his credit, he had the courage to identify himself. However, when we have an out-of-control district attorney in Durham who colludes with a laboratory to conceal exculpatory evidence, does not my refusal to remove someone from an email list seem slightly ridiculous in retrospect? If Attorney Hedges is really so concerned about the legal profession, he should seek to have the district attorney removed, not have someone like me sanctioned by the bar. And there is a button to remove himself, a button which he was instructed to press on numerous occasions, but chose to ignore.
Representative Almond raised a similar complaint. However, instead of filing a complaint with the state bar, he chose to file a complaint with the North Carolina Attorney General抯 office. I had to take time out of my schedule and advise them of the facts and of Mr. Almond抯 inability or unwillingness to remove himself via the unsubscribe button. Or perhaps he too did not have a browser that would allow this? It is difficult to believe that the people of Stanly County are represented by a person who thinks that he is best representing his constituents by filing a complaint against a candidate. The people deserve better and I hope that someone challenges him in the upcoming election.
After this kind of treatment, I concluded that the coordinated complaints, lies, intimidation, and orchestrated hate mail were tactics which were better suited to the Mafia than they were to a major political party. And I decided that if the NC GOP was going to act this way, then I was going to treat them this way. Henceforth, I regarded them as the NC GOP-Mafia and referred to them as such in my campaign.
Rachel Lea Hunter
Posted on November 2, 2007 3:03 AM
Rachel Lea Hunter wrote, "there is not even a scintilla of a chance that anyone could even possibly claim that he or she was misled about my legal skills by anything on my political campaign website."
But several years ago she boasted of having "fifteen years of appellate-level judicial experience." I don't know whether or not that claim is on her current political campaign web site, but I very clearly remember her making that claim when she was running for NC State Supreme Court.
She used slightly different phrasing in the 2004 judicial voter guide which was mailed to all NC voters at taxpayer expense. There she claimed, "I have over 15 years experience working for the judiciary at the trial and appellate levels and practicing before the appellate courts."
Those claims were both highly misleading. In fact, she has no judicial experience at all. She's never been a judge of any level of the judiciary. Nor has she ever tried a case before any appellate court.
What she misleadingly characterized as "judicial experience" and "practicing before the appellate courts" actually consisted merely of working as an assistant clerk, doing writing chores for a Pennsylvania judge.
BlewNC
Posted on November 2, 2007 3:12 AM
I'm sorry this has turned into a battle between Connie and others. I've written critically about Rachel Lea Hunter's judicial campaigns in the past, and I've had Connie bird dogging me ever since.
I'm not trying to suggest that Judge McCullough has ruled improperly in any case. My purpose is to direct attention to judicial campaigning that I consider to be overly partisan or contradictory to the spirit of the Code of Judicial Conduct. Readers could view the video and read the Code for themselves and make their own determination.
Posted on November 2, 2007 10:41 AM
Those claims were both highly misleading. In fact, she has no judicial experience at all. She's never been a judge of any level of the judiciary. Nor has she ever tried a case before any appellate court.
What she misleadingly characterized as "judicial experience" and "practicing before the appellate courts" actually consisted merely of working as an assistant clerk, doing writing chores for a Pennsylvania judge.*BlewNC
Really Judge! Are you aware there is 3 sitting Supreme Court Justices who were never a judge in their life and has never practice a appeal case before any court. To top that off, are you aware out of the three judges, one only clerk for 6 months before he was fired and the other two never clerk before in their life. As usual, you failed to name your self and hid behind more republican judical establishment lies. So what is your problem Judge, besides having a dark side spirit with evil obession!
Posted on November 2, 2007 1:47 PM
'm sorry this has turned into a battle between Connie and others. I've written critically about Rachel Lea Hunter's judicial campaigns in the past, and I've had Connie bird dogging me ever since.* Doug
You got that part right and it will continue when attack without facts or untruths.
Rachel Lea Hunter wrote, "there is not even a scintilla of a chance that anyone could even possibly claim that he or she was misled about my legal skills by anything on my political campaign website."* Blew NC
Judge! Are you aware that you are being track from our site! Are you really that stupid to keep using State computers at taxpayers expense....This is you is it not.....
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Posted on November 2, 2007 1:58 PM
Guess again, Connie Mack Berry, Jr.. I'm not the judge.
I suppose in the process of swindling 64 people out of a total of more than a third of a million dollars you got lots of practice at lying.
BlewNC
Posted on November 2, 2007 2:11 PM
I suppose in the process of swindling 64 people out of a total of more than a third of a million dollars you got lots of practice at lying.* Unknown source name something
Your superior source turns out to be a little known red state fascist neo-con blogger name David Vogle, who loves to post old mainstream media stories from the past with no proof of the court record or the court file....You will note in your source, The N&O in the opening makes a correction to the stories and apology to Mr Berry.
So much for your superior research and do you think the Judge will post his DWI charge to the public as his complete transparency on his campaign web site....
Posted on November 2, 2007 10:58 PM
Mr. Berry, there was no correction or apology by the N&O for reporting that you were charged with swindling 64 people in the 1980s and 1990s out of a total of more a third of a million dollars, and that you were sentenced to 2.5 years in prison plus 7.5 years of probation. That is all true. (Yes, I know you only served 1.5 years of the 2.5 year prison term.)
The only correction by the N&O was of their erroneous report that you couldn't vote because you are a felon:
BlewNC
Posted on November 3, 2007 7:14 AM
Mr. Berry, there was no correction or apology by the N&O for reporting that you were charged with swindling 64 people in the 1980s and 1990s out of a total of more a third of a million dollars, and that you were sentenced to 2.5 years in prison plus 7.5 years of probation. That is all true. (Yes, I know you only served 1.5 years of the 2.5 year prison term.)* Confuse unknown republican law and order idiot
Boy are you more stupid and obess than anybody thought as a small time republican thug. If I was sentence to a 2.5 prison term than explain how I serve only 18 months without being parole or pardon.
It appears that such sentence does not exist in the court records.......So much for your Orwellian republican lies!
You are not aware that the IRS clear me of any criminal conduct in a so-called scam that did not exist. You will find a letter and a notized statement from the IRS that said after 3 aduits of Mr Berry corporate and personal affairs, that he did not hid or use any funds for personal use during this time as a alledged by the parties or local enforcement agenies. In short dude! You are a confirmed agent for the state republican party and most likely scare to death of my political views like most cowards.
If I were you! I wouldn't stand outside in a lighting storm since the forces of good would certainly fry your so-called family values republican brain into a pea mush pie....
Posted on November 3, 2007 10:51 AM
I've written critically about Rachel Lea Hunter's judicial campaigns in the past, and I've had Connie bird dogging me ever since.* Doug
Doug! I notice the State Democrat party chairman issue a massive e-mail alert about your story here yesterday claiming the republican judge should be expose for trying to control State wide judical campaigns with this issue.
I would hope you once again remind him of his so-called failed party effort with that phony 527 group of "unfair judges" he and his party establishment boys set up last year at the last moment to control the election......In short, the party chairman is either having a senior moment about that criminal misconduct by his secret political group or just a another political hypocrite...
Posted on November 3, 2007 11:18 AM
I haven't seen an email alert from the state Democratic Party but I certainly hope it would not get involved in judicial campaigns. By doing so, if it is, it's helping to prove my point that there's too much partisanship in these races.
The "Fair Judges" ads in last year's campaigns amounted to an unfortunate and unfair intervention, which the News & Record denounced editorially.
It wasn't totally partisan, however, as one of the judges the 527 group supported was Supreme Court Justice Mark Martin, a Republican.
Posted on November 3, 2007 11:38 AM
McCullough says, strongly implying that Republicans will get a better deal if Edmunds is on the bench.
I believe McCullough's statements were improper, violating the spirit if not the letter of the Code of Judicial Conduct.* Doug
It appears that you are not aware that Judge Edmunds wrote the recent revise Code of Judicial Conduct with another Judge. Now that the Superior Republican Judical team for 08 is set to roar out of the republican gate against the evil competitors to victory. One tends to wonder if Judge Edumonds will file a judical complaint against his team mate for screwing up his work on the Judical Code Of Conduct.
I think the Republican Judical team needs to go back into a huddle and give each other a team group hug [ it's call a personal group encounter by the Therapy Liberals] and rethink how to trade off " DWI" Judge " Mac for a higher draft choice.
Posted on November 3, 2007 5:23 PM
I haven't seen an email alert from the state Democratic Party but I certainly hope it would not get involved in judicial campaigns. By doing so, if it is, it's helping to prove my point that there's too much partisanship in these races.* Doug
It just confirms that you were right and nail it as a honest journalist.
The "Fair Judges" ads in last year's campaigns amounted to an unfortunate and unfair intervention, which the News & Record denounced editorially.* Doug
Yeah! We know and it borders on criminal conduct by some very establishment serious people who should know better. The Board of Elections has refuse to look into this injustice nor the Bar....Which proves how corrupt this state is in Judical races. They will not get away with that political trick this time.
CHAPTER XVI (UN)FAIRJUDGES AND THE BAR
When I was recovering from my surgery in 2005, I received a pamphlet from the bar association regarding the supposed ・professionalism・ among attorneys in this state. Nothing could be further from the truth. I have already detailed the actions by some members of the bar and the disciplinary board towards me. I will not belabor the point except to say that I am deeply saddened and disgusted by the behavior of these people. Not one lawyer in this state who was aware of what was going on had the courage to stand up and say ・I may not agree with Ms. Hunter・s positions, but the treatment of her should not be condoned.・ Instead, I received hateful emails and frivolous complaints. This then is the true exhibition of ・professionalism・ by the bar. But the actions of the lawyers went far beyond even this.
During the campaign, I said to my campaign advisor that I would not be allowed to win this election and that even if I somehow did manage to pull it off, there would have been challenges mounted against me. So it was just a question of when it would occur, not if it would occur. I had my answer in the weeks leading up to the campaign.
As I said, my opponent called on the bar association and the lawyers to assist his floundering campaign. The bar responded and hugely. These were some of the comments that were made by L.P. Hornthal, Jr., a Democrat, and Representative Paul Stam, a Republican, of Apex. Mr. Hornthal, a former bar association president, said ・the fact that a sitting justice on the N.C. Supreme Court who is well-qualified has to take valuable time away from the duties of his office to run for re-election against someone as lacking in qualifications as Rachel Hunter is reason enough for us to scrap the popular election of judges." Mr. Stam stated, "[i]f she either wins or comes close, it might finally frighten the General Assembly into doing something reasonable."
Forget that I was running for election for a moment and ponder the import of just those two statements. What Mr. Hornthal and Mr. Stam are saying is that if I had won the race, the legislature would promptly move to take away your and my right to vote for judges, regardless of the fact that such a right is mandated by our state constitution. Think about that. How can one person be regarded as such a danger and threat to the system that they would take away the right to vote?
These statements were extremely revealing about who and what these people are. They are nothing more than servants of the beast. Remember that the beast controls both sides ・ we have a Republican and a Democrat both saying the same thing. As I said stated many times in the campaign, I would be only one vote on our Supreme Court. By myself, I could take no action and even if I was so incompetent or loony as my enemies claimed, votes in each case would always be 6-1. So this is not about which candidate may win an election or even my winning an election. Its about power and control and the loss of that power and control by the beast. The beast has to maintain control at all costs. The beast cannot stand to lose power, even a tiny portion of it. The beast was desperate; I had to be stopped. So the beast was willing to threaten and intimidate voters that their right to vote would be taken away if they voted for me.
Unfortunately, the conduct did not stop there. No, the trial lawyers, the teamsters, and the Democratic Party all worked together to form an organization called FairJudges.net. There was nothing fair at all about this organization. They claimed to be bi-partisan and that they would inform the voters about the judges. They did nothing of the sort. Had they been both bi-partisan and desire to give votes information, they would have included all candidates on their site with links to the candidates・ websites and a brief statement about each of them. They did not do that, however.
They ran ads supporting my opponent and the other Democratic candidates in the Supreme Court race. This was not a bi-partisan effort. The group only supported my opponent because he was a part of the legal establishment and I was not. I had to be stopped and this was the only way to do it.
Even worse, one would think that this group, which was made up of attorneys, would follow the election laws. State election law precludes 527 groups from running candidate endorsements sixty (60) days before an election.[1] Did this group care what the election law said? Did the state board seek to censure and fine them for violating election law? No. They blithely proceeded to violate the law and run the advertisements in support of my opponent and the other Democratic candidates anyway. Were they charged with election law violations and fined? Where was Gary Bartlett, the elections director who was so quick to rule on my use of a nickname? Once again, bad or illegal behavior was rewarded as there was no censure and no fines.
In retrospect, I do not know how much this pathetic and last-ditch effort by the bar and others impacted the campaign, but I do not suspect that it was very much when considering the amount of money that they spent for their television advertisements and other costs. People who had watched my debate on UNC with my opponent were favorably impressed. Numerous other people who knew me personally have told me that they voted for me. However, the beast had one final ploy-the election results.
Rachel Lea Hunter
[1] N.C. General Statute ァァ 163.278.80-163.278-83.
Posted on November 3, 2007 5:43 PM
It wasn't totally partisan, however, as one of the judges the 527 group supported was Supreme Court Justice Mark Martin, a Republican.* Doug
As Judge Martin said after the campaign with his only comment "I hope I never have to go though this again"
CHAPTER XV – LOSING RESPECT FOR MY OPPONENTS
Many may take issue with what I am about to say. Others may attribute it to “sour grapes” on my part because I did not prevail in the elections. To those critics, I say that I never entertained any expectation of winning. I knew that I would never be allowed to win. So this is not about disappointment in the election results. And I am not complaining because I did not get either the NC GOP’s or NC DP’s endorsement; I already have expressed my views on endorsements. Had it been a fair contest, had I been allowed to fairly compete, I probably would not even be writing this book. But this is not how events transpired. It was not a fair contest. And the individuals who now occupy seats on this state’s highest court were involved.
During my 2004 campaign, I initially thought little about one of my opponents, Paul Newby. I knew that he was the NC GOP choice, but I bore him no animosity. I knew that he was a federal prosecutor, but other than that, he was just another candidate.
From my time working for the court, I knew that one could not be a state or federal employee of any type and run for office. To do so would have violated the Hatch Act. What is the Hatch Act? In a nutshell, it prohibits government employees from engaging in partisan political activity, including running as a candidate for office. The exception is that one who holds such office is free to run to retain that office.
When I started the 2004 campaign, I assumed that being a federal prosecutor, Mr. Newby surely was acquainted with the law and that he would step down from office if he wanted to continue his campaign. Barbara Jackson, who worked for the state, was then running for a seat on the Court of Appeals. She had taken a temporary leave of absence from her job to run. And so, I did not give Mr. Newby further thought.
One day, I received an anonymous email which indicated that Mr. Newby was still actively practicing law while involved in the campaign. I was still new to the system and though that surely, a federal prosecutor would not deliberately violate the law. I therefore decided to look further into the matter.
As I learned, there is a federal Hatch Act, but it only prohibits federal employees from engaging in partisan political activity. Non-partisan activity is permitted, including non-partisan elections, which was the case in my 2004 campaign. However, even a non-partisan race can become a partisan one. And that is what occurred in the 2004 race.
It became very partisan. The NC GOP explicitly endorsed Mr. Newby over the other candidates. It printed a flyer with Mr. Newby and the other Republican judicial candidates and touted them as the “Republican Judicial Team.” There was even a robo-call that I have on tape from Elizabeth Dole in which she supported Paul Newby. Because the race became partisan, the federal Hatch Act required federal employees to either step down from office to campaign or to cease campaigning. Mr. Newby did neither and kept his office.
We know how the election turned out and that he prevailed. After the election, I contacted the office charged with enforcement of the federal Hatch Act, the Office of Special Counsel, to learn the results. What I received was a wall of silence. The Office of Special Counsel would not release any information to me, hiding behind walls of privacy and that it might incriminate Mr. Newby. I just wanted to know, did a violation occur or did it not?
We will never know. However, I am left to surmise the following. An investigation was launched by the federal government. Employees in the past have been sanctioned for sending even a mere political cartoon! It is unlikely that the Office of Special Counsel would sweep this under the rug as the conduct alleged was infinitely more serious. Review of letters sent to other federal employees who had engaged in similar behavior provided further evidence of this fact. Had Mr. Newby been completely innocent, the NC GOP and he would have trumpeted this in the media and used this to show how loony I was. They did not do so and the fact that they did not suggests that a violation had indeed occurred. Since he won the election and would have resigned anyway, he and the Office of Special Counsel may have reached an agreement whereby he would resign, retroactive to the filing of his campaign, give back any salary that was paid during the campaign period, pay any fines and agree not to hold federal office again. As the results will not be released, we will never know, but in my eyes, we have someone sitting on our Supreme Court who violated the law when they should have known better.
My opponent in the 2006 campaign likewise earned a loss in respect. Early on, I wondered how I would ever hope to go up against someone like him. If you just looked at our naked résumés and compared them, you would think that my opponent was the more distinguished candidate and clearly the better choice. However, naked résumés do not tell you very much about a person.
I had my first inkling of what was to come when I received an email from one of the female Republican candidates who had run for the Court of Appeals and lost in the 2004 election. She pretended to be concerned about my brain tumor. What she was really after was information about my intent for the future. She had been deliberately sent by my opponent or by someone acting at his behest. The tracking service I used indicated that he had opened a statement I had sent out over twenty times. He was very concerned with my intentions for 2006 and so the female emissary was sent. I realized what was happening and I did not give out very much information to her.
Once the governor made his choice, I had to decide on the seat and I have explained why I chose the Martin seat. There really were no other alternatives. After I had announced, I received another strange email, this one from a member of the bar who had surfaced during my 2004 campaign. He was quite cordial, but the tenor of his email was that my opponent was such a distinguished jurist and that I ought to read his opinions to learn how well-reasoned they were. I likewise was cordial in my response, but this was a thinly veiled threat to drop out or else face the onslaught that was coming.
My opponents never realized something fundamental in my makeup. I do not bow to threats, intimidation or pressure. Such tactics have the reverse effect desired and only serve to make me more stubborn and determined. I dug in my heels and vowed to continue.
I took the attorney up on his challenge. I read every Supreme Court opinion dating back to 1999, when my opponent was elected to the Supreme Court. What I learned was astonishing, although it did not have the effect that the attorney desired. Far from supporting my opponent, his decisions indicated that he consistently sided against people’s constitutional rights. I selected a handful of cases which were not authored by my opponent but in which he participated. He was on the panel. If he disagreed with the reasoning or the result, he could have written separately. He did not do so, however. I am therefore left to conclude that the views expressed by the majority in those decisions are his views. I also learned that one justice up there other than my opponent stood up for people’s rights.
I wrote on this subject as I thought how my opponent decides a case was fair game for criticism. I was careful not to attack him personally. However, my decision changed as the campaign progressed. One day, I was researching something and found a new website for my opponent. I went to his site and lo and behold, there was more information there about me than there was about him. Unfortunately, what was said about me were nothing more than links to unflattering stories in the newspapers and media about me. I already have discussed the news articles and how they were flawed. Yet here was my opponent re-printing them even though he knew they were untrue. I saw what kind of campaign this man chose to run and what kind of person he really was.
Throughout the campaign, he made several untrue statements about me in which he stated that Jerry Meek, the Democratic Party Chair, had endorsed him. This was not true, but he seemed to believe in Goebbels’ “big lie” theory that if you tell a lie often enough, it becomes the truth. He even printed literature in which he detailed the false information. I was alerted to this fact when a voter emailed me. The emailer was disgusted by such negative campaigning and threw out the packet. I saw it for myself when we were both asked to speak before the same group and he sent along his “materials” to pass out. I pointed out his untruths in statements that I wrote.
During the campaign, my treasurer was looking at Justice Martin’s campaign finance reports and suggested to me that something was wrong. And so I reviewed the reports for myself. My opponent had an expert political consultant, Paul Schumaker, on staff. And here he was giving over $14,000.00 in just one month’s time to a young lawyer named Matthew Martin for political consulting services.[1] What kind of political consulting services could a young man provide for this sum of money? Or was it really to the law firm that employed young Matthew? Curiously, no one in this state ever wondered about this kind of payoff to young Mr. Martin and/or his law firm.
My opponent and I spoke up in Asheville at a forum held there. I drove my own vehicle. My opponent, however, had excess cash and rather than use his own vehicle, he rented one. It was not just any car. No, he had to travel in style and rented a Cadillac. This simple act showed just how he viewed the people. As he mentioned at a forum some months before, he was not counting on the ordinary people. He had no idea of how they live or what they face on a daily basis. He was above that.
At another forum, which was held just after my radiation, I was concerned with moving along after my speech and letting the next candidates have their turn. I also just had radiation and felt kind of wobbly. I simply turned to exit the stage after our debate was completed and tried not to fall. My opponent sought to make hay out of this by making it appear that I had somehow deliberately slighted him.
But he was not done. He teaches at law schools and he even stooped to having one of his students contact me and ask me to stop. Sending a student to do one’s own work is cowardly enough. But asking me to disarm myself while leaving my opponent free to spout his lies about me is ludicrous. It is like a gang of hoodlums armed with knives telling a victim, armed with a gun, that he needs to drop his firearm and disarm himself just to make the fight fair. I refused. I am not going to pretend feigned niceties when someone is going to act like my opponent did. I was so disgusted by his behavior that I refused to shake his hand. I do not care what position he holds or what honors society chooses to heap upon him. I will be polite, but I can never respect someone who behaves like he did towards me.
Towards the end of the campaign, people who saw a televised debate between us at UNC thought that I did very well against him. And one of the other candidates told me that if elected, I would do just fine. The other candidate also indicated that my opponent was very nervous. As well he should be. He faced the very real prospect of possibly losing his seat. It meant he might actually have to get a job and work for a living instead of collecting a paycheck from the state while he was involved in other activities, such as teaching and obtaining his doctorate. Because of this, he asked the legal community to bail him out. They responded in a big way.
Rachel Lea Hunter
[1] Here is the link where you can examine the campaign finance reports: http://www.sboe.state.nc.us/
Posted on November 3, 2007 6:05 PM