Rachel's Campaign Adviser Files Judical Complaint
Against "DWI Republican Judge Doug"

CONNIE MACK BERRY, JR.
901 MADISON AVENUE
CARY, NORTH CAROLINA 27513-4348
Phone: (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:

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.