News-Record.com

Thursday's No. 2 editorial.

Court of Appeals Judge John Tyson isn’t defending his seat in next month’s election. He finished third, and out of the running, in the nonpartisan May primary. He’ll be replaced by either Sam J. Ervin IV, 52, or Kristin Ruth, 52. Ervin is the better choice.

Yes, he belongs to that Ervin family. Sam IV, who goes by Jim, is the grandson of the late Sen. Sam Ervin Jr. and even tried a jury case with him after the senator had retired from Congress and the young Ervin was fresh out of law school. And Jim Ervin’s father was a highly regarded federal appellate judge.

One lesson he learned from his grandfather, an N.C. Supreme Court justice before going to Washington, where he famously presided over Senate Watergate hearings: Nobody’s above the law, not even a president.

The family pedigree doesn’t grant Ervin an entitlement to serve on the N.C. Court of Appeals, but it has instilled in him a strong sense of responsibility. Additionally, his credentials — extensive private practice in Morganton, including plenty of appellate work, and nine years dealing with complex issues as a member of the N.C. Utilities Commission — provide ample qualifications.

Ervin was an honors graduate of Davidson College and Harvard Law, and is known as a hard worker with an impressive intellect.

Ruth, too, is equal to the job. A Wake County District Court judge for 10 years, she’s a nationally known innovator in the field of child-support enforcement. She believes she could help deliver more clarity at the appellate level to family law cases. She has a strong work ethic and a commitment to impartiality on the bench.

On balance, however, Ervin’s broad experience and his desire to live up to high standards make him the superior candidate in this race.