News-Record.com

No doubt a major negative political media run has started for Judge DWI Doug big time. I am sure his outstanding Judical endorsements are hiding somewhere and denying they ever knew he sat on the court after all of these years....If I were him, I would fire my political consultant who thought a video cam would enhanced his republican political ambitions in this state.

My blog post received a lot of attention, including an e-mail alert sent out by the N.C. Academy of Trial Lawyers.* Doug

Wait a minute Doug! Isn't the NC Academy of Trial Lawyers the same dudes that funded the Secret 527 Unfair Judges group last year in order to screw up the State Judical Supreme Court race at the last second with their unfair endorsements and massive TV ads...Talking about calling the Pot black and being hypocritable,,,,,these dude lawyers are like Hilter and Stalin debating on how to divide up Poland after doing the Bitiz on Poland.....

The "Fair Judges" ads definitely tried to pull judicial campaigns in the wrong direction. Similar tactics in 2008 should be strongly repudiated.

The "Fair Judges" ads definitely tried to pull judicial campaigns in the wrong direction. Similar tactics in 2008 should be strongly repudiated.*Doug

Yep! Now is the time to smoke them out? After doing a little more research, it appears that the Chairman of the Democrat party in North Carolina was the dude who push the Trial Lawyers to attack Judge DWI Doug recent republican mission statement about making North Carolina all Republican with no Democrat, Independents, Libertarians, Green Party, Animal Rights party [ a little unknown party in NC that needs 102,000 Bear Paws prints on their petition ballot to become a legit political party in this state] voters.

I guess the Democrat Chairman memory is failing again as usual since he was the dude who got 10,000 thousand dollars out of the Trial Lawyers to paid for his secret 527 Unfair Judges media bitz with the Democrat legal establishment in the last week of the campaign. In fact his recent e-mail alert Friday was almost word for word as the Trial Lawyers alert.

Boy will they be suprise to find out they have been piling on themselves by their own political Democrat greed design.

Here you go Doug! This should really make Judge DWI Doug his day and the Commission.....

CONNIE MACK BERRY, JR.

901 MADISON AVENUE

CARY, NORTH CAROLINA 27513-4348

Phone: xxxxxxxxxx (mobile)

November 14, 2007

Mr. Paul R. Ross, Esq.

Executive Secretary

Judicial Standards Commission

P.O. Box 1122

Raleigh, NC 27602-2448

Re: Judicial Complaint for Connie Mack Berry, Jr.

Subject of Complaint: Judge W. Douglas McCullough

Dear Mr. Ross:

I am writing to voice my complaint regarding conduct by a member of the Court of Appeals, Judge W. Douglas McCullough. He recently attended an event in October, 2007 in Haywood County. At the event, he essentially endorsed his fellow Republican teammates who were running for judgeships on the Supreme Court and Court of Appeals, describing the three candidates as “EMT” (the candidates are Justice Robert Edmunds of the Supreme Court, Judge McCullough and Judge John Tyson of the Court of Appeals). The races are supposed to be non-partisan. More importantly, he overtly stated that the voters should elect the Republican judicial team as a re-districting case would almost assuredly arise and he virtually guaranteed that Justice Edmunds would “vote the right way” i.e. in favor of Republicans if the case arose.

I saw the actual video but Judge McCullough has removed it from his website. Although the video was posted on You Tube, it has likewise been removed from that site. However, here are links to stories which discussed the matter:

http://blog.news-record.com/staff/offtherecord/archives/2007/10/believe_it_or_n.shtml

http://blog.news-record.com/staff/offtherecord/archives/2007/11/more_on_mccullo.shtml

http://www.charlotte.com/opinion/story/359017.html

You certainly possess the power to obtain the actual video and should review it for yourself.

In addition to the above, Judge McCullough was arrested for driving while impaired (DWI) and speeding last year. He pled guilty and is serving his sentence. I question how a judge that is convicted of a crime can continue to serve in office and hear DWI cases and other criminal matters.

I believe the following Canons of Ethics were violated. Canon 2 indicates that a judge should avoid impropriety in his activities. How is being convicted of a DWI avoiding impropriety? He had a blood alcohol level of .12, well in excess of even the old limit. This was not simply consumption of one drink, but many, and may suggest a deeper alcohol abuse problem. Even if he had one too many just on this occasion, a judge is expected to know the law and should not consume excessive alcohol and drive a vehicle.

Canon 1 requires that a judge uphold the integrity and independence of the judiciary. Canon 3 requires that a judge perform the duties of his office impartially and diligently. Canon 3(A) further provides that a judge should be unswayed by partisan interests. How is insinuating that he or other justices will vote a certain way if a case arises upholding the integrity of the judicial system or impartially performing the duties of judicial office? Politics aside, how can a member of the public believe that a judge will fairly hear and decide the case when he has already indicated the result in this matter? How is declaring oneself part of the Republican Judicial Team while running in a non-partisan race not allowing oneself to be swayed by politics?

We have witnessed many officials engaging in corrupt and criminal conduct for which they have resigned and gone to jail. While the conduct here does not rise to this level, judges are supposed to be above the fray. They are to be neutral, impartial and free of even a hint of bias if we are to have any faith at all in our judicial system. Judge McCullough’s comments suggest that he is none of these things. I therefore hope that this matter receives serious attention which it deserves. Thank you for your time and effort.

Sincerely,
Connie Mack Berry, Jr.