There’s also a disconnect between some defendants who sit in jail for months or years before being convicted — or not. Prisonpolicy.org says that 75 percent of people in jail are charged with only minor crimes, and are there because they can’t afford bail. And if they can’t afford bail, they can’t afford to miss work, or a rent payment or a utility bill. But the answer isn’t as simple as just “let them out.” It is rather a complex issue that involves consideration of public safety, due process and likelihood of absconding before trial. “My role as judge would be to make sure that we understand who is in front of us and what their real danger is, while also keeping an eye on their constitutional rights,” Brewer said. “One of my middle school classmates
“The biggest thing that’s going to differentiate how we handle our courtrooms is gonna be our life experiences.” — Mitch Brewer
District Court judge candidates (from left) Kaleb Wingate, Jim Moore and Rich Cassady wait to speak at a Swain County GOP event last fall. Cory Vaillancourt photo
W
the most contentious, difficult and heartbreaking cases that these judges hear.
MITCH BREWER It takes a special kind of person to want to preside over the never-ending parade of human misery that a District Court judge must face on a daily basis, although the reward comes when judges have the opportunity to do some good. That opportunity comes with a solid understanding of the nature of the human condition, according to Hayesville attorney Mitch Brewer. Mitch Brewer “After 15 years of practicing law in the District Courts of the state of North Carolina from the Eastern section, Wake and surrounding counties, all the way to our seven counties in this district, I understand the people and culture of our state,” Brewer said. “I understand that they need a person on the bench serving as a judicial official that understands and pays attention and can render justice with impartiality.” Judge Walker’s retirement opens up more than just a seat on the bench — he’s the chief judge of the District Court, meaning he’s also responsible to a great extent for administration of the 30th District.
RICH CASSADY Like Brewer, Rich Cassady lives outside of Haywood County; Cassady said that in a district comprised of seven counties — of which Haywood is the largest and the furthest east — more representation is needed out west. “Right now we have two District Court judges that don’t live in Haywood. If I lose this primary, the most likely result with be that five out of six judges will live in Haywood,” he said. “We will only have Tessa Sellers, living in Clay County. That’s really not representative.” Geographical distribution isn’t the only reason Cassady is seeking the post.
Smoky Mountain News
BY CORY VAILLANCOURT STAFF WRITER hen most people think about exciting election action, they don’t often think about judgeships. Judicial races are not usually contested, they’re not usually competitive and so they’re not usually talked about much, for all of those reasons. For example, the District Court’s 30th District is comprised of the seven westernmost counties in North Carolina — Haywood, Jackson, Macon, Swain, Graham, Clay and Cherokee. Six judges, all elected, preside over cases ranging from civil to criminal to juvenile matters. Every two years, three of those judgeships are up for re-election. This year, that means Monica Leslie and Tessa Shelton Sellers, but no one filed to run against them. The third judge, Richard K. Walker, decided not to seek re-election, leaving an open seat that’s suddenly led to a contested, competitive and much talked about race between four Republicans, one of whom will face a Democrat in November. The 30th is geographically one of the largest districts in the state, if not the largest, but the issues between the seven counties are common — poor, isolated communities are reeling from the effects of the opioid crisis and the civil, criminal and juvenile matters that arise from it. Domestic relations, custody and child support matters are among
February 26-March 3, 2020
Judicial race heats up
The next chief judge of the 30th District will be chosen by the chief justice of the North Carolina Supreme Court, which is also up for election in November — Democrat incumbent Cheri Beasley or Republican Supreme Court Justice Paul Newby. Although Brewer and the other three Republicans won’t likely be tapped to fill that role, they might. Regardless, as a District Court judge, any of the four will have the opportunity to weigh in on district policy in regard to a number of criminal justice reform issues, like drug courts and veterans courts. “I think they are a great idea,” Brewer said. “Like Rome, we have so many veterans, we’ve had ongoing wars and skirmishes for the last two decades and we still have our overhang of Vietnam veterans. The way they see the world is different after they return from conflict. We’ve got to meet these veterans where they’re coming from, but also steer them in a better direction.” Brewer also sees society’s role in perpetuating a drug epidemic that’s treated as a criminal matter instead of a mental or physical health issue. “People are in pain and they’re turning to certain substances to alleviate that pain, the stresses, the disconnect between how you feel and what society says you should be feeling,” he said. “Drug courts could actually get to the bottom of some of the substance use disorders. It’s super important that we have a system in place that doesn’t criminalize the use of certain substances, but actually diagnoses them correctly and gets them the help they need.”
came from a hard background, ended up murdering someone, got released on bail and within a few days murdered the witness. It shocked my conscience that we could allow someone out who had just murdered someone. These are the things that I’ve learned from, that I’ll take with me to the bench.” Ultimately, candidates in this race will earn votes based on their experience and integrity, which in turn instills faith and confidence in the justice system by the people who use it — attorneys, defendants, victims, parents, grandparents, children and witnesses. “As soon as I got out of law school and licensed in 2005, I immediately started domestic and family law and I’ve been in District Court since then on those matters. The biggest thing that’s going to differentiate how we handle our courtrooms is gonna be our life experiences,” said Brewer. “I’ll make sure that that system will be improved upon and that indeed that folks will understand that that is their courtroom and since it is theirs, it is up to everyone involved, including the judge to make sure that it works for the people.”
S EE J UDICIAL, PAGE 4 3
