Over the years, people have asked me about my judicial philosophy. And, as is the case with most things, I have a tendency to over think stuff like that. But actually, it’s pretty simple.
I was born into a legal family – there’s no doubt about it. My great-grandfather, my grandfather, my father, and my brother, are all lawyers – in fact all of us, except my great-grandfather, were or are judges at some level.
Although my dad and my grand-dad had a lot to do with my judicial philosophy, my mother had an enormous influence on it as well -- especially when it came to my sense of fairness.
The law and current events were regular subject at the family dinner table. I remember spirited debates about segregation, education, Vietnam, and women’s rights. A lot of times, granddad and my mother disagreed, and she was ready, willing, and able to tell him so.
Betty Ervin, who died last September at 93, was a ground-breaking example of the way that women have influenced our society and my own life. Aside from raising four children and teaching social studies, my mother served on the Morganton School Board, where she participated in and fully supported the decision to desegregate the local schools in the 1960s.
Like my mother, I believe everyone deserves the same chances in life. She went out of her way to help young people who needed a helping hand and made it possible for a number of them to obtain further education or to otherwise succeed in life.
So, my judicial philosophy comes from who I am and I what I’ve learned about the role that the law should play in our lives from those who had the most impact on me. In practice it’s pretty simple. I start every case the same way – with a blank sheet of paper.
I draw a line down the middle. Appellant on one side, appellee on the other.
Then I read.
I listen.
And, I take notes.
By the time that I make a decision, the pad looks like this— nothing but the facts and the law.
No one else can read it because I my handwriting is horrible—sorry mom.
But, to me, this is what fairness looks like.
Everyone deserves to start out with a blank sheet of paper – especially when it comes to having their day in court.
I decided to run for re-election because I believe that you deserve a Supreme Court where every case is decided based solely on the law and the facts; not on a judge’s partisan politics or ideological beliefs.
Our courts are at a crossroads.
This election you will have to choose between a system where judges are fair and impartial …
Or a court system that’s nothing more than just another partisan political institution?
Which path will you choose?
I hope you will help me protect a fair and impartial court in November's election.
- Justice Sam J. Ervin, IV
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