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NC COURT OF APPEALS JUDGE SEAT 01

The North Carolina Court of Appeals is the state s intermediate appellate court. Currently 15 judges hear cases in panels of three. The Court of Appeals reviews the proceedings that occurred in the trial courts for errors of law or legal procedure; it decides only questions of law – not questions of fact. The role of the Court of Appeals is to decide if the trial court correctly applied the law, or if there was prejudicial error in the conduct of the trial. The majority of cases appealed from the Superior and District courts in civil and criminal cases are heard by the Court of Appeals. One major exception is capital murder appeals in which the death penalty was imposed; these appeals go directly to the Supreme Court of North Carolina. In addition, direct appeals from certain of the state’s administrative agencies are heard by the Court of Appeals.

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  • Candidate picture

    Michael C. Byrne
    (REP)

  • Candidate picture

    Matt Smith
    (REP)

Biographical Information

What experience and skills make you the best candidate for this office? (Max. 750 characters)

You are running for a partisan judicial position. What role does the platform of your political party play in your work as a judge on the court? (Max. 750 characters)

What do you perceive as the greatest obstacles to justice and do you think there is a role you should play to address these obstacles? (Max. 750 characters)

Additional Comments (Max. 1000 characters)

Position/philosophy statement My judicial philosophy is summarized by the one-sentence directive the Chief Judge at OAH gave me when I first started there: “Get it right.” I believe passionately in due process, fairness, giving all sides a chance to be heard, and deciding cases.
Campaign Mailing Address PO BOX 97275
RALEIGH, NC 27624
Current Occupation Administrative Law Judge
Age (optional) 58
Campaign Email michael@mb4nc.com
Campaign Website http://mb4nc.com/
Campaign Facebook URL http://www.facebook.com/MB4NC
Campaign Youtube URL
I have a combined 30 years of trial, appellate, and judicial experience. In almost 6 years as a NC Administrative Law Judge, I've authored almost 400 opinions. Nine were reviewed by the Court of Appeals and all were unanimously affirmed. I have never been reversed by the Court of Appeals. As a lawyer I personally did more than 20 cases in the Court of Appeals and Supreme Court and served as an amicus for multiple groups in others. Additionally, I litigated hundreds of trials, including 272 cases alone in the Office of Administrative Hearings, where I am now a judge.
While I am lifelong North Carolina Republican, there is no such thing as Democrat or Republican justice. I do not have a "side" when it comes to the law. Judges who take partisanship into account in their work undermine public trust and confidence in the fairness of the legal system. I apply the law equally and without fear or favor.
The greatest obstacle to justice is public perception that judges decide cases based on political partisanship. Absolute neutrality and fairness is a baseline requirement of a judge, and I've demonstrated that in my own work as a judge for almost six years.
I am the only primary endorsed COA candidate by the National Association of Police Organizations (241,000 sworn officers and 1,000 police organizations nationwide), the North Carolina Fraternal Order of Police (part of the nation's largest police fraternal organization) and the North Carolina Police Benevolent Association - NC's largest law enforcement organization. This combination of endorsements is unprecedented in a NC judicial primary.
Position/philosophy statement Constitutional Conservative who believes Judges are to follow the law as it is written and not legislate from the Bench. I believe each of our three branches of government should function as required by our constitution.
Campaign Mailing Address 3515 E LAWYERS RD
MONROE, NC 28110
Current Occupation NC Superior Court Judge
Age (optional) 53
Campaign Phone 704-292-6561
I have nearly 25 years experience in the trial courts of N.C. I have spent time as a trial attorney in the private sector, an elected District Court Judge and an elected Superior Court Judge. I have handled every type of matter that comes before the N.C. Court of Appeals. I served as an articles editor on the Campbell Law Review which gives me the research and legal writing skills also necessary for the Court of Appeals. I believe parties to a case in court have the right to be heard and the right to redress for any grievances they have unlawfully suffered. I have dedicated my career in the service of the law and our community and will continue to do so as long as I can. The law is my passion and it is a privilege to serve.
As a Republican candidate, my party affiliation means that I am a Constitutional Conservative dedicated to the rule of law. My judicial philosophy is grounded in textualism and judicial restraint. I follow the law without any consideration of my own feelings, opinions are desire for an outcome. The separate branches of government operating as they are required to do by the constitution is the bedrock of a properly functioning society protecting the rights of all.
The greatest obstacle to justice is not allowing people to present their arguments and be given the proper opportunity to be heard. You must consider all sides of an issue before it may be properly decided. A judge must enter every case with an open mind and be guided solely by the law and the facts. The facts come from the parties and can only be discovered by thoughtful consideration.
A vote is a sacred thing to cherish. I greatly appreciate your consideration and it is an honor to be running for this position. Thank you.