"Charlotte Observer Rips
Republican Judge DWI Doug"

November 12, 2007

DWI Judge Stumbles On Political Trail

Judge Crossed Line In Hinting How Justice Would Rule

N.C. Court of Appeals Judge Douglas McCullough is running for reelection next year in the state's nonpartisan judicial elections. But he's making a partisan political appeal, warning audiences that Democrats who control the legislature usually gerrymander legislative districts to keep Republicans bottled up. To counter that, Judge McCullough says in a video clip posted on the popular Web site YouTube, be sure to reelect Supreme Court Justice Robert Edmunds.

This may be a practical exercise in politics, given that whichever party is in charge of the legislature always seeks the best arrangement for state House and Senate districts. But it also blurs a line intended to keep candidates from commenting on pending cases in judicial elections. It is one more reminder of how flawed any system of electing judges can be, and how much North Carolina needs a merit system of choosing judges.

And Judge McCullough does no favor for Justice Edmunds in campaigning for his reelection next year based on how Justice Edmunds might rule in a certain case. Both Judge McCullough and Justice Edmunds are registered as Republicans. But under North Carolina law, judges run and are elected on nonpartisan ballots.

Yet Judge McCullough reminded an audience of potential Republican voters that it was critical to reelect Justice Edmunds next time because, he hinted, Democrats will probably try to hurt Republicans during the next legislative redistricting. Democrats, he said, "have parked us" in districts with big Republican pluralities while drawing districts for themselves that achieve narrow Democratic victories. Republicans statewide thus get more House votes overall, but win fewer seats. "Bob Edmunds will be sitting on the redistricting case. We know there will be one...." And he says, "Usually they [Democrats] have to go back and redraw the districts in some ways because they have gerrymandered them...."

In drawing these conclusions about redistricting and how Justice Edmunds will vote on a case, Judge McCullough's remarks seem to conflict with the Code of Judicial Conduct, which says, in part, "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 ... ."

There isn't a case yet on redistricting, though Judge McCullough expects there will be. And the code does allow candidates to talk to political groups. But predicting what cases will come up and how a judge will rule certainly violates the spirit of the Code of Judicial Conduct -- and raises questions about his respect for the law making judicial races nonpartisan. Judge McCullough ought to display some judicial restraint.-