LUMBERTON — A perfect storm of circumstances has prevented Robeson County’s District courts from operating at full capacity since November, but the chief District Court judge doesn’t believe it’s causing a backlog of cases.
“This has only been going on less than a month and a half,” Judge Judith Milsap Daniels said. “I don’t see how it could create a backlog.”
Matt Scott, the county’s new district attorney, disagrees, saying he would be open to longer days.
There are five District Court judge positions in Robeson County. One of them is now occupied by retired District Court Judge John Carter, who retired in 2016 but was appointed by the N.C. Administrative Office of the Courts to fill the judicial vacancy created when Herbert Richardson Sr. retired in December.
The biggest sticking point was created by the state.
Vanessa Burton, an assistant district attorney, and Jack Moody, a public defender, squared off in the 2018 election for the District Court 16B Seat 2 vacancy. Burton was declared the winner, thanks to a count of the provisional ballots that gave her a 67-vote victory, but has yet to be sworn in.
State law mandates that election outcomes must be certified by the state Board of Elections, but that agency has been mired in its own controversy resulting from alleged voter fraud in the race for the 9th Congressional District, which includes Bladen and Robeson counties. A three-judge panel dissolved the board in December, having declared in October that its makeup was unconstitutional.
Meanwhile, Burton and Moody wait for the results of their race to be certified or a new election to be ordered.
“I just want to be very clear,” Daniels said. “I don’t think a valid case can be made that the unsettled election is causing a major impact on our court situation.”
Two more seats were filled in the Nov. 6 general election with wins by Angela Chavis McIntyre and Brooke Locklear Clark, who won her bid to keep the seat to which she was appointed in July by Gov. Roy Cooper. Clark was chosen to fill the vacancy created by J. Stanley Carmical’s move to a Superior Court judgeship.
The fourth judge is Jeff Moore.
The situation is further complicated by judicial ethics and standards that would apply to Burton if she is declared the winner of the 16B Seat 2 race and already does with Chavis McIntyre, Daniels said.
Because both women are former assistant district attorneys they cannot hear criminal cases for the first six months of their terms, Daniels said. That’s to avoid having either of them preside over a case they may have prepared as prosecutors. That also applied to Clark, who just came out from under it.
All this contributes to a slowdown of cases heard in District Court. While Daniels doesn’t believe it’s creating a backlog, Scott disagrees. It can’t help that Robeson County typically ranks near or at the top of North Carolina for crime, both violent and property.
“We’ve got a backlog to begin with,” he said. “If we were fully staffed, it would help.”
Scott said he doesn’t have a specific number of pending cases in District Court. But he did say there are more than 1,000 driving while impaired cases waiting to be prosecuted.
“Emergency judges, like Judge Carter coming back, helps,” Scott said.
Daniels wouldn’t directly comment on any backlog, but said there are a lot of contributors to the problem.
“We all share a responsibility,” she said.
Scott would be open to solutions, such as extending the court day.
“We can work to 7 or 8 (p.m.) to knock it out,” said Scott, who was elected in November and took office in January.
But Daniels doesn’t find that idea viable because it would mean paying overtime to court clerks, bailiffs and anyone else required for courthouse security or courtroom duties.
“I really don’t have an opinion on whether extending the day would impact cases,” she said. “It’s rather complicated.”
While the situation may not create a backlog, Daniels said it is affecting the scheduling for judges for the year.
“There is a cloud over the court until we get an answer,” Daniels said. “Until we get a decision, the elections bring discomfort to the courts.”
Normally, Daniels said, the judges’ schedules for the entire year would be known. For now, it’s “discomfort to the courts.”
“There’s a cloud over the court until we get an answer,” she said.
Scott believes a team approach is required, and that the parties need to “venture out of the silos in the courthouse and create partnerships that can help.”
Chavis McIntyre is ready for another hand on deck.
“The judicial vacancy here in Robeson County certainly is creating a strain on our resources,” she said. “While we are coping the best we can by using emergency judges and visiting judges, there are still times when the sitting judges are literally needed in two places at once. This creates a burden not only on the courthouse staff but also on the public. The judiciary certainly looks forward to welcoming our next judge so we can more efficiently conduct the people’s business in Robeson County.”
