LEGAL TRENDS, ODDS & ENDS
Insights into North Carolina law 
from Civil Trial Attorney Mike Daisley  
 
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      October 
2012  




EARLY VOTING IS HERE!

 

Greetings!  

 

      Each election season, I start getting phone calls and e-mails from family and friends and clients old and new asking me, "Mike, who are the Judges I should be voting for???"

      Basically, I dodge the question.  Rather than "telling" folks (especially clients) the candidates that should get their votes, I instead share what will be on MY ballot, and why.  

      These are just my choices.  If after your own additional "homework," you choose differently, that's (more than) fine with me.  If these comments below give you some guidance or "food for thought" then I'm glad.  I've tried to add some extra "links" to other sources for additional information.

     Keep in mind that EARLY VOTING has already started in North Carolina, and goes through November 3.  There are nearly two dozen locations in Mecklenburg County where you can drop by to cast your ballot.     

     As always I welcome your feedback.  Next month, it's back to the law.  I promise.

 

     All the best,

Signature

    

Michel C. Daisley

Litigation Attorney & Certified Mediator

DaisleyLaw, PLLC

2412 Arty Avenue

Charlotte, NC  28208

704-887-6776

email:  [email protected]

Statewide Judicial Races 
My Davidson classmate, Sam "Jimmy" Ervin is my pick for the Supreme Court, and I'm voting for Bryant, Thigpen and LINDA! McGee for Court of Appeals.
   

North Carolina Supreme Court

 

   My candidate for "the Supremes" is Sam J. ERVIN IV (who has always been "Jimmy" to me;  we were classmates at Davidson).  What can I say -- this man is brilliant!  Like his grandfather ("Senator Sam" Ervin from Watergate fame), he combines a downhome Morganton charm with great legal acumen.  I know Paul Newby, too, his opponent from my UNC Law School days, and have always liked him personally, and know him to be a good man -- although I sure have disagreed with a number of his decisions!  Most especially though, I am deeply distressed to see that outside forces have come into North Carolina to spend enormous amounts of money to get Paul elected.  Indeed, this race has garnered national attention, as a New York Times editorial noted earlier in the year.)

 

North Carolina Court of Appeals

 

   Here, voters have a choice in three races, and once again, my cynical side is telling me that certain pro-business anti-consumer forces are trying to buy a lot of influence on the Bench.  There is a lot of money being spent  to promote the silly notion that we must have "conservative" judges to the bench.  Foolish me, I always thought that we might want to expect FAIR judges, and labels like "conservative" really have little meaning these days.  (See my "Blawg" from earlier this year on the "conservative" United States Supreme Court.) 

 

  • Linda MCGEE is running against a candidate who has never served on the Bench, either at the trial level or an appellate level.  He has never worked as a Clerk to a Judge.  He is, however, a self-professed "conservative."  Judge MCGEE on the other hand has served on the Appeals Court since 1995, and is endorsed by police and patrolman groups, the NC Association of Education, and NC Advocates for Justice.
  • Linda McGee is not the opponent of WANDA BRYANT, but Judge BRYANT has an opponent who is conveniently (for him) named McGee.  (I will leave it to others to determine whether that was an intentional move to confuse folks.)  Judge BRYANT has authored more than 1200 opinions and has the endorsements of former Gov. Hunt, former Chief Justice Mitchell, and numerous other former Justices.  And me.
  • And lastly for Court of Appeals is CRESSIE THIGPEN.   A former President of the State Bar, Judge THIGPEN has practiced law for nearly a half-century, and brings a wealth of judicial experience to the Bench.  Prior to his appointment to the appellate bench in 2008, he served as a Special Superior Court Judge traveling the state on special assignments and has taught law at NC Central.  His opponent, quite frankly, just does not seem to have much of a resume. 
And here in Mecklenburg, my picks are ...

North Carolina District Judge - 26th Judicial District

 

Some of these choices are easy for me. Others really hard...

 

   I've known ROY WIGGINS for a long, long time.  He is a lawyer whom I have always admired for having his heart in the right place.  Over the years, I've sent numerous folks to see him (he has an active traffic and criminal defense practice, and like myself, has done a good bit of insurance and injury law) and have always received positive feedback.  I am very excited that he has decided to try to sit on the Bench, and wholeheartedly endorse him.  His opponent Gary Henderson I know less well, and may well do a fine job.  But he's not Roy.

   TRACY HEWETT gets my vote over Charlotte Brown-Williams.  Judge Brown-Williams is a good judge, no doubt, and I like her.  But I have gotten to know Tracy well over the last few years, and have enjoyed the good company of her and her husband at a number of events.  She is a very able and experienced Public Defender, with intimate knowledge of District Court.  She will be a great judge.
   Likewise, I'm excited to endorse Judge TY HANDS for re-election to the District Court Bench.  In addition to her judicial experience, she brings a lot of real world experience to the job.  She has had to overcome numerous challenges to get where she is, and in my mind, deserves to stay on the job.  Her opponent, Jeff Thompson, is a nice fellow, but my vote is going to Ty.

  DONNIE HOOVER is the better choice over the much younger and inexperienced Alyson Traw.  Ms. Traw is very bright, but I'm concerned she just cannot match the judicial experience of Judge HOOVER.  (One other fact that sways me - He's been married forever to a wonderful, wonderful career math teacher who bravely suffered through a year actually teaching my son a lot of algebra at Carmel Middle School.  So, to paraphrase Bill Murray in Caddyshack, he's got that going for him..."which is nice"!) 

   JENA CULLER gets my vote over Grant Smithson.  She has been a good judge for four years, and despite Grant's good campaigning and exposure, I see no reason to change.

   KARY WATSON gets my vote over David Strickland.  I have just gotten to know Kary recently and she is a very impressive attorney whom I believe will do well on the Bench.

 

   There are two Superior Court races, but both are uncontested.

More Informational VIDEOS...
    Whether you access them through our firm's website, or login to our YouTube Channel, or simply search on Google for "DaisleyLaw videos," you will find a number of quick and (I hope) helpful tips and insights into such things as testifying at depositions, and customer and visitor injuries and North Carolina's law of contributory negligence, or whether to speak at a mediation.   
 
MCD Standing Cropped

Civil Litigation Attorney
& Certified Mediator
 
DaisleyLaw, PLLC
2412 Arty Avenue
Charlotte, NC  28208
 
(704)887-6776
 
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