More on the Court of Appeals candidates
My column today left out most of the information I gathered about the three candidates running for the N.C. Court of Appeals seat held by Jim Wynn.
First, campaign Web sites for ...
and Dean Pourier.
Jewel Ann Farlow has no Web site.
You can read the Fourth Circuit U.S. Court of Appeals decision in Jewel Farlow v. Wachovia Bank here.
Following is the text of Farlow's Pardon of Forgiveness granted by Gov. Hunt on Jan. 4, 2001:
"Whereas, Jewel Ann Farlow, at the December 1982 term of Durham County District Court, pled guilty to two counts of Misdemeanor Larceny and Trespass, and by judgment of said Court was sentenced to 12 months suspended with two years unsupervised probation with conditions and Prayer for Judgment continued upon payment of costs;
"Whereas, Jewel Ann Farlow now seeks, in light of the circumstances surrounding her crimes and her subsequent record and her current need, forgiveness by the State; and
"Whereas, Jewel Ann Farlow's record since these convictions had been one of responsible civic behavior and community service;
"Now, therefore, I, James B. Hunt Jr., Governor of the State of North Carolina, in consideration of the above factors, and by virtue of the power and authority vested in me by the Constitution of the State, do by these presents PARDON the said Jewel Ann Farlow, it being a Pardon of Forgiveness, subject to the following conditions: that Jewel Ann Farlow be of general good behavior and not commit any felony or misdemeanor other than a minor traffic offense, and further upon the condition that this Pardon shall not apply to any other offense whereof the said party may be guilty.
"This Order effective this the 4th day of January, 2001."
Greensboro attorney Don Vaughan represented Farlow in seeking this pardon.
In a face-to-face interview with me Tuesday, Farlow would not discuss any of the circumstances of her convictions, which she attributed to "youthful stupidity." Born Jan. 6, 1958, she was 24 at the time and a graduate of Duke University.
After our interview, I learned Farlow was charged with carrying a concealed weapon in Greensboro in 1983, but that charge was dismissed. I have tried to reach her to ask her about this, but she did not return my call by the time I left the office at 5:45.
Why dwell on matters that happened 25 or more years ago and have been officially forgiven? Voters deserve to know. Farlow is running for one of the highest judicial offices in the state. That she was once convicted of criminal offenses is relevant. People can decide for themselves what importance to assign these matters.
I sought other opinions within the Guilford County legal community. They vary widely. Some attorneys don't know Farlow, which isn't surprising given how many lawyers there are in Guilford County.
One, who did not want to be named, offered praise: Farlow has a very fine mind, is a fine lawyer. She works very hard, puts in long hours, drafts legal documents beautifully. She's beautifully educated, a great analyst and a passionate advocate for her clients. This person, although also praising Judge Wynn, would have "no reservations" about Farlow's election to the bench.
A couple of others I spoke with do have deep reservations about Farlow's candidacy. But they likewise did not want to speak on the record.
Farlow told me her 19 years of law practice qualify her to serve on the Court of Appeals. She believes it would put her skills at writing briefs to good use.
She cited two cases in which she believes Wynn made poor judgments. One is the lottery case, which you can read here. I happen to agree with her (and with Poirier, who cited it as well).
The second case, State v. Julius Wayne White, goes back 10 years, and Wynn wrote a dissenting opinion that leads Farlow to conclude he's "soft on crime." You can read the opinion and decide for yourself. I don't necessarily agree with Wynn's conclusion but I understand his reasoning and certainly don't conclude from it that he's "soft on crime." Anyway, one case out of thousands over an 18-year career is thin evidence on which to build such a strong indictment.
I had a cordial interview with Farlow, but on balance my personal view is that she's the candidate in this race who should not advance past the primary. Her past troubles raise a red flag. She undoubtedly has changed as a person, and her record has been cleared, but if she wants to be a judge she should should prove herself first at a lower level in the judicial system than the court of appeals. Several Guilford County District Court judges are running unopposed this year. She could have tested herself in that arena.
Wynn is highly respected throughout the state and across party lines -- not necessarily by partisan Republicans but among people in legal circles who happen to be Republicans but think justice should be nonpolitical. Wynn has built a strong reputation and wants to be remembered as a fair and impartial judge.
He told me he'd like to see the judicial system do a better job at the front end. He's not a fan of the actual innocence process because that kicks in after the system already has failed, convicting an innocent person. He acknowledges there are disparities that put some people at a disadvantage -- those who can't afford the best representation, for example. That needs to be addressed.
Wynn speaks of his position on the bench as public service. Indeed, lawyers with his credentials and experience could earn a lot more money in the private sector. (Of his opponents, however, he said he suspects they're running to get a pay raise.)
Wynn said he'd like to serve one more term (which is eight years), but "I can't stay as a Court of Appeals judge forever. I will not, and I will move on.
"I've been very blessed to how served 18 years. I'm hopeful there will be a second season (after the Court of Appeals)."
If his second season brings another chance to serve on the federal bench? "If it's in a federal judgeship, it will be very wonderful."
Pourier hears cases appealed through the Employment Security Commission, usually people denied unemployment benefits. He's heard 10,000 cases and written that many opinions in the last 10+ years, he said. He also teaches law courses at several colleges, some classes on site and some online, he said, giving him a chance to go over judicial decisions on all subjects with students. He's also been in private practice, once sharing office space with Ann Marie Calabria, who's now a judge on the Court of Appeals.
Pourier was a computer programmer for a few years after college before deciding to go to law school. He took the PSAT on a whim, he said, and practically aced it.
Pourier strikes me as very conservative. He cited the Terry Schiavo case as one that upset him. The decision to end her life support amounted to murder of a human being, in his estimation.
In my separate phone interviews with Wynn and Poirier Monday, both raised issues of race.
Wynn noted that he's one of two African Americans out of 15 judges on the Court of Appeals. At one time there were four. If he loses this year, the number will be whittled to one. He believes public confidence in the judiciary is higher when the court more closely reflects the demographics of the people. He also spoke with pride about visiting places like Southeast Halifax High School, where almost all students are black, and showing kids what they can do with their lives.
I didn't ask Pourier, who is white, about the racial element in this election. He brought it up himself, saying race, gender, sexual preference -- none of that entitles someone to a seat on the bench.
If you want to make that an issue, he added, he's one-fourth Native American, claiming a grandmother who was an Algonquin Indian.
I didn't really want to go there. Judicial candidates, more than people running for political offices, ought to be elected on their qualifications in my view.
That said, race is sadly still a factor for some voters. It cuts all ways, but shouldn't.
For the record, despite her old complaint of a hostile racial environment at Wachovia, Farlow is white.
Addendums: You can download a voting guide with more info about candidates at the State Board of Elections site here.
Also of interest: The North Carolina Family Policy Council questionnaire for judicial candidates. Poirier answered; Wynn explained why he was declining to answer; Farlow did not respond.
Comments (8)
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I actually agree with Poirier's definition of judicial activism (irrespective of the merits of Wynn's ruling on the lottery case). I just wish more people did, instead of throwing the phrase around whenever a court issues a ruling they disagree with.
Posted on April 23, 2008 11:34 AM
The problem is that different judges sometimes arrive honestly at different conclusions about what the law says. I don't think that necessarily means one's an activist and the other isn't.
I thought Justice John Paul Stevens' concurring opinion in the Kentucky death penalty case was interesting in that he pretty much said he's concluded the death penalty is unconstitutional but voted to uphold the execution protocol anyway. Maybe in that instance he was an activist wannabe. He just couldn't bring himself to rule in a way he knew couldn't be supported by law.
Posted on April 23, 2008 1:05 PM
had a cordial interview with Farlow, but on balance my personal view is that she's the candidate in this race who should not advance past the primary. Her past troubles raise a red flag. She undoubtedly has changed as a person* Doug
Red Flag? You wave the sucker all over the story! Good Grief! You painted her as Al Capone.
Brother Wynn is a good guy, which is true, but to pick to death something that so old on Ms Farlow is beyond the pale of good jouralism in this era of total political judicial corruption. Normally I do not ddefend Republican judical candiates, but this one reaches National Inquirer journalism!
Posted on April 23, 2008 1:58 PM
[[he pretty much said he's concluded the death penalty is unconstitutional but voted to uphold the execution protocol anyway. Maybe in that instance he was an activist wannabe.]]
I'm not all that familiar with the details of the case, but if the constitutionality of execution in general wasn't at issue (and if it was, please let me know), perhaps he just decided not to try to rule on it. That, I think, would therefore be the opposite of judicial activism. But I could be wrong.
Posted on April 23, 2008 2:25 PM
Right. The constitutionality of a particular execution procedure was the issue.
Stevens might have wanted to make more of it, but he used judicial restraint instead.
Posted on April 23, 2008 3:06 PM
Well Doug! I see your little buddy Ed Cone has jump in and thinks Judges should be appointed instead of elected. Amazing! A so-called liberal democrat taking away the right vote in the name of democracy......
We don't know much even about supreme court candidates, which was why it's important for bloggers to step into the "breach." Ed Cone smearing Rachel Lea Hunter again! The little liberal phony democrat just won't let it go, even after he apolize to her........
Candidate websites would be helpful, but they are thin on the ground.
CourtWatch is an independent group that does what the name suggests, but its online presence is skeletal.
Maybe we shouldn't elect our judges?* Ed Cone
Hi Ed! Why do you hate Rachel?
Posted on April 23, 2008 6:22 PM
"Pourier was a computer programmer for a few years after college before deciding to go to law school. He took the PSAT on a whim, he said, and practically aced it."
Why would Pourier be taking the same test as high school juniors attempting to seek undergraduate scholarships if he was hoping to attend law school?
Is it possible that you meant the LSAT?
Great work there, Mr. Clark, you obviously checked your facts on that one.
Why should anyone consider your endorsements for high court justices, when you don't even know the difference between a glorified scholarship contest for high school students, and the entrance exam for law school?
Yet another example of fine, upstanding journalism...
Posted on November 2, 2008 3:02 AM
My error. I do know the difference between the PSAT and LSAT but slipped up.
Posted on November 3, 2008 8:35 AM