The RCGOP Gets A Visit From Justice Levinson At Our Bi-Monthly Meeting

An Interview with Judge Eric Levinson

NCC: Please tell us your personal and political background.

I grew up in Gaston and Mecklenburg Counties, and was the first registered Republican in my family. I attended the School of Law at UNC-Chapel Hill and the Business School at the University of Georgia. I also studied government and economics at Georgetown University, and finance at the University of London. I have completed judicial education courses through the National Judicial College and the National Council of Juvenile Court Judges.

While in Washington, D.C., I interned in the Office of Privatization under Jim Miller, President Ronald Reagan's Office of Management and Budget Director. I prosecuted serious felons in the District Attorney's Office in Cabarrus and Rowan Counties after finishing law school, and thereafter joined the District Court bench as a trial court judge in 1996. My interest and concern for families and children led to my certification as a N.C. Juvenile Court judge, and I was assigned full-time to the Family Court when I was still serving on the District Court bench. After serving on the District Court bench, I was elected to the N.C. Court of Appeals, where I currently preside over a broad variety of civil, criminal and family law cases.

I have participated in many nonprofit efforts, including my work with Substance Abuse Prevention Services and The Fund for American Studies, a group concerned with the education of young people about public policy. And I have taught as an adjunct professor at numerous N.C. colleges. I was recently selected to participate as a William C. Friday fellow in the N.C. Wildacres Leadership Institute, a two-year program designed for North Carolinians concerned about the future of our State.

NCC: How would you describe your judicial philosophy?

Our system of government only works best when our judges and justices understand that their role is limited to administering and enforcing our laws without bias or favor; protecting our rights; and punishing the guilty. These are the "ABCs" of the work of our courts. Public policymaking must be reserved for the legislature. Our judges are not elected representatives of the interests of persons who desire certain policy changes. The proper place to seek change is in the legislature, not the courts.

NCC: Why have you chosen to run for the Supreme Court of North Carolina?

I am prepared to make a contribution, and I want to continue to serve the people of this State. My years on the judiciary - first as a trial court judge and later as an appellate court judge - have demonstrated my commitment to the ideal that our judges have a limited, yet important, role in our system of government. I have an unyielding commitment to this judiciary, and believe my experience prosecuting or presiding over every major type of legal dispute will enhance the work of our State's highest court. And we have not traditionally had a member of the Supreme Court with real specialization in family and juvenile law - an experience sorely needed on that Court.

NCC: What are your views on gay marriage?

It has been the role of the General Assembly to define marriage. Under the law of North Carolina, marriage is between a man and a woman. Recently, the highest courts in several states, including New York, have upheld and respected the legislature's role in defining marriage. In doing so, these courts have deferred to the policy-making function of the legislature - something that is, again, fundamental to a strong system of government.

NCC: What are your views on Eminent Domain and property rights in general?

Like other property owners, I believe it is imperative that our government respect and protect our private property rights. Many North Carolinians are concerned about the Kelo decision from the United States Supreme Court. In Kelo, the Court held that the federal Constitution does not prohibit a local governing body from taking one's private property for the benefit of another private person. The local governing bodies of North Carolina - our county boards of commissions and municipal councils and boards - have only those authorities that the N.C. General Assembly grants to them. Consequently, the prospect of a N.C. community using eminent domain in the way allowed in Kelo can be completely prohibited. The protection of private property interests, like the protection of so many of our enumerated rights, is a reason we need experienced and thoughtful jurists on the bench.

NCC: Do you believe judges should be appointed to the North Carolina Supreme Court as some have proposed, or voted on by the electorate?

We have a long tradition of electing our judges. While North Carolinians everywhere tell me they need more information on the judicial candidates, they are mostly consistent in their desire to have a direct role in selecting members of the bench. Of course, politics do not belong in the courtroom, and we need to ensure that our judges and justices are beholden only to the rule of law. While North Carolinians do not expect judicial candidates to make specific, advance commitments on how they would rule in certain cases - something absolutely prohibited in any event by the Code of Judicial Conduct - they do reasonably expect judges to be accountable and responsible in the administration of their duties. We encourage this accountability by electing our judges. Finally, as we have seen, only members of the Governor's political party will likely receive appointments to the judiciary when there are vacancies. Under an elected
system, candidates from all corners of the State and with differing judicial philosophies can compete for an opportunity to serve our judiciary.

NCC: What, in your opinion, are the most important issues facing our state and our nation?

In the aftermath of 9/11, dealing with the real dangers of terrorism is our nation's greatest challenge. We must respect expressions of religious freedom; protect our children and families from those who wish to do them harm; and respect the individual freedoms and traditions that have made our nation great and strong. To continue to compete, we must enhance our education systems. And we must continue to develop new employment opportunities and grow this economy.

NCC: What is the role of the judiciary in addressing these issues?

With respect to many of these issues, the legislative and executive branches of government must establish and fund the public policies that further the interests of our nation and State. With respect to terrorism, it is a primary function of our government to protect us. The courts clearly have a role in ensuring that individuals' rights, including their expressions of religion, are protected and guaranteed. And while we must afford due process to criminals, it is a primary responsibility of our courts to protect the law-abiding public from those wishing to harm our children and families. The public rightfully expects us to do a better job in this regard.

NCC: Do you have a motto that is a sentiment by which you live?

Since my first year of employment after finishing school, I have kept a small, typewritten note in prominent places on my desk and on the bench:
Never, never, never compromise your integrity.