Questions for Judicial Candidates

Name: Rachel Lea Hunter

Date: 9/15/2006

1. What legal and judicial experience separates you from the other candidates? Why should the Black Political Caucus endorse you?

Please see my website in greater detail. I grew up in the law and graduated in the top third of my law school class. I have been practicing law for nearly 18 years. I worked for the trial and appellate courts for over 12 years. I wrote over 500 opinions for the judges that I worked for; although their name is on the opinion, the words and ideas are mine. I have been in private practice for 6 years handling federal and state appeals. I want to put my talents to work now for the citizens of this state.

What separates me from others is that throughout my career, I have stood for the enforcement of individuals' rights. I had the first "driving while black case" and determined that evidence should be suppressed. I had one of the early DNA cases and determined that a convicted defendant should be given the DNA test that he asked for. I have walked the walk. When given the chance to stand up for the rights of defendants, for fathers or for property owners, others did not do it. I will.

I ask no one for their endorsement. People who have supported me are listed on my campaign website. If you go there, you will see my list of supporters. They come from all walks of life and are lawyers, doctors, professors and just everyday ordinary people. View my website at www.rachelforjustice.com and see for yourselves whether I am someone whose candidacy you could endorse.

2. How did you serve your community before you decided to run for public office?

See answer to number 1.

3. In your opinion, how should North Carolina judicial candidates finance their campaigns? Should there be a cap on either private or public sources of funds?

I have written about the judicial financing system in the past. Please see my website at www.rachelforjustice.com. Public financing is a fine idea, but not as it is practiced in North Carolina. Problems with our system: (1) compels speech that some people may disagree with; (2) have to raise funds to qualify and the requirement is designed to keep people, such as myself, from running for office; (4) system is nothing more than a wealth transfer from those who do not have money to those who do; (5) judicial candidates waste taxpayer dollars by spending money in the wrong places; and (6) represents an unconstitutional tax only on attorneys when the whole state benefits from the voters' guide.

Solutions? Could impose spending limits, but our US Supreme Court has ruled that a campaign is about speech. Limits on spending are limits on speech. The internet is changing things and making campaigns much more affordable. People who use the internet will not need the same large sums of money to get their message out. Require full disclosure (eliminate the $100.00 reporting requirement) and limit money that is given to donations by private natural U.S. citizens (no PACS, no groups, no 527s, no unions and no corporations).

Are there any programs or policies in place in other jurisdictions across the nation that you believe would help improve the efficiency of our courts' administration of justice?

Yes. One example is electronic filing employed by the federal courts. It greatly reduces paper. Another is that some states have mechanisms for dealing with speedy trial or production of trial transcripts. We need these procedures here to ensure that justice is rendered. We also need to improve the funding for our courts. And we as a society need to re-think issues. Family law should not be an adversarial proceeding. We need to stop warehousing criminals and need to re-think our drug policies and the failed War on Drugs. We need to abolish antiquated "Heart Balm" actions. We need to adopt comparative negligence as contributory negligence is unjust and unfair.

5. What efforts are you aware of that give present assurance that immigrants are being treated fairly by our civil and criminal courts? What, if anything should be done in addition?

In one sense, I have no indication that immigrants are accorded different treatment by our justice system. But I ask, is our justice system fair to all litigants, not just immigrants? If you can afford justice, then you get it. If you are poor, you don't. We need to restore justice for all to our system.

6. What do you believe to be the proper role of prior precedence in your rulings?

If a case was correctly decided, it should be followed. However, there have been a plethora of decisions which may have been correct at the time but are no longer viewed as such. Examples are Dred Scott (slaves are deemed to be property), Plessy v. Ferguson (separate but equal), Korematsu v. United States (internment of Japanese during World War II) and the recent decision in Kelo v. City of New London (ruling that private property can be taken by public entities for development), to name a few. These decisions have shown that the court is made up of humans who are not infallible. Wrongly decided cases should not be followed just because they are prior precedent.

7. What is your hiring practice regarding the race, gender and ethnicity of your staff and personnel?

I work at a firm and make no determination regarding the hiring or firing of employees. However, the firm employs Indians, African Americans and females. I myself am handicapped to an extent (I am deaf in one ear and have a partially paralyzed face). If elected, I would not discriminate on race, religion, ethnicity, gender or any other feature but would look to whether the individual was qualified to do the job in a competent manner.

Thank You,

Rachel Lea Hunter