archived: 16 - 22 Apr, 2006         Back                 Next

                       BATTLE LINES ? 

Conservative Republicans in North Carolina are organizing to recapture State Government.  The story: 

400 conservatives gathered Friday and Saturday at a hotel near Research Triangle Park to discuss ways, as the organizers put it, "to reclaim North Carolina." The conference brought together activists from across the state. They participated in workshops and heard speakers call for a crackdown on illegal immigration, cuts in state spending and taxes, a law to make English the official state language, a constitutional ban on same-sex marriage and an end to taxpayer incentives to recruit businesses.

 

Hoping to use those issues -- and exploit the controversies surrounding Democratic House Speaker Jim Black -- conservatives seek to gain control of the legislature in November.  . . .

 

This was the first such conservative conference in North Carolina, but organizers hope it will become an annual affair in which like-minded activists can network and trade notes.

 

The organizer was Jack Hawke, a former state GOP chairman who now leads the Civitas Institute, a Raleigh-based conservative organization.

 

Other sponsors beside Civitas include the John Locke Foundation, the N.C. Family Policy Council, the National Rifle Association and the state Christian Action League. 

The Progressive Democrats of North Carolina PAC recently announced its gathering, entitled “North Carolina Spiritual Activism Conference: Spirituality, Activism and Social Conscience in NC: Transformative Politics for Our Times.”  Two of the presentations: 

Participate in an interfaith Celebration of the Cosmos led by Rabbi Michael Lerner, and honor Thomas Berry, geologian and author of The Great Work. Friday evening, April 28th, 7:00, Genesis Baptist Church, 2812 E Bessemer Avenue

 

Participate in a daylong conference. Help create strategies for building a spiritual progressive movement in North Carolina and interfacing with a new national movement, the Network of Spiritual Progressives. Saturday, April 29th, 8:30-5:30, New Garden Friends Meeting, 801 New Garden Road at Friendly Avenue 

These are the battle lines? 

                        DNC CHAIR HOWARD DEAN TO VISIT CHARLOTTE 

On April 28, the Mecklenburg County Democratic Party (MCDP) will hold a BBQ fund-raiser at which the Democratic National Committee (DNC) chair, Gov. Howard Dean, will be the featured speaker. The visit will be Gov. Dean’s first to Charlotte as DNC chair. 

The BBQ fund-raiser will be held at the Renaissance Golf Course, 1525 Tyvola Rd., from 6 p.m. until 8:30 p.m. In conjunction with this event, there will be a meet-and-greet with Gov. Dean for the event’s sponsors. 

Gov. Dean’s visit will be an early kickoff to the Democratic Party’s National Neighbor-to-Neighbor Organizing Day, which occurs on April 29. Gov. Dean has outlined “a bold new direction for a secure America” that includes “honest leadership and open government, real security, energy independence, economic prosperity and educational excellence, a healthcare system that works for everyone and retirement security.” 

MCDP Chair Michael D. Evans says that “we are thrilled to host Gov. Dean, and we hope that you will join us in welcoming him to our state. This type of attention from the DNC supports our view that North Carolina can follow the lead of Mecklenburg County and switch from a red state to a blue state in the 2008 election.” 

Gov. Dean, who has promised to visit all 50 states during his tenure as DNC chair, will focus on issues important to Carolinians during his visit. These include a living wage, job losses because of NAFTA and CAFTA, environmental threats from the current administration and the importance of the 2006 midterm elections in addressing the problems we face as a community. 

Event Sponsor: $250 minimum   General Admission: $20.00 for BBQ (or free if you don’t eat.  All donations gratefully accepted) 

To be an event sponsor, to purchase tickets for the event or for more information, call 704-525-5843 or e-mail M.C.D.P. headquarters:   www.mecklenburgdemocrat.org. 

_____ 

JUNKIE:  Gov. Dean deserves a huge turnout.  If you can make it to Charlotte, attend this event.

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UPDATED:  April 18, 2006 

                        NC JUSTICE  

TPJ has received a large number of complimentary responses to our judicial recommendations for the May primaries.  Several additional important facts need to be made: 

1. With no national races or state executive branch races on the May ballot, turnout will be small.  The question is how small. Small turnouts can produce some very unusual aberrations.  For example, in the State Supreme Court race in which TPJ recommended Judge Robin Hudson, five candidates are running.  With a very small turnout, “fringe” candidates can win.  The key:  REMIND EVERYONE YOU KNOW TO VOTE.
    

2. A number of TPJ readers have asked if they can cut and paste the recommendations below and email them to their friends.  Readers are more than welcome to do so, and no prior permission from TPJ is required.  You will note at the bottom of TPJ’s pages that we are NOT copyrighted as we are open source.  In fact, consistent with your views, we URGE readers to forward TPJ’s recommendations to everyone in North Carolina for whom you have an email address.

We are honored that so many have expressed confidence in TPJ’s recommendations.  

                        BUSH WHACKED 

TPJ has featured a plethora of articles on the radical Republican plan to “starve the beast.”  The goal: cutting the size of government to that of a bathtub and then drowning it.  Bush’s budget for the next fiscal period continues the radical Republican right’s march to dismantle government.  

The National Priorities Project has published an analysis of the effects of Bush’s budget on every State, including North Carolina.  Some of their findings: 

Food & nutrition:

 

The budget proposal would eliminate the Commodity Supplemental Food Program, cutting off at least 400,000 senior citizens from nutritious, packaged meals.

 

The budget also proposes to cut funding for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) by $200 million, after taking inflation into account. North Carolina would lose $5 million in WIC funding, while 13.8% of the state’s residents currently experience food insecurity.

 

Community development:

 

The budget proposes once again to cut Community Development Block Grants (CDBG), which help cities and towns ensure affordable housing, provide services and create jobs. North Carolina would lose $16.4 million in CDBG funds under the budget proposal. The loss to Asheville would total $297,850 and Greensboro would lose $446,626.

 

Environment:

 

The budget proposes to cut the Environmental Protection Agency (EPA) budget by 7% and EPA grants to state and local governments by 14%. For example, North Carolina would lose $4.1 million in funding for the Clean Water State Revolving Fund even though 20,874 of North Carolina’s residents drink water with a reported health violation.

 

Low-income Home Energy Assistance Program (LIHEAP):

 

The budget request does not factor in the rapidly rising energy prices in its slight increase for LIHEAP. In view of fuel costs, North Carolina would lose the equivalent of $1.5 million.

 

Education:

 

The budget proposal includes ‘level funding’ many domestic programs. But level funding results in a loss of services because of rising prices. For example, level funding of Head Start could cost North Carolina 402 Head Start slots.

 

The Department of Education would be cut by 9% and many programs such as Even Start and vocational education would be eliminated. This year, North Carolina receives $34.1 million for vocational education alone, all of which would be cut under the current proposal.

 

Security:

 

The Community Oriented Policing Services would be essentially eliminated. This year, North Carolina receives $8.4 million for community policing, most or all of which would be lost. 

The examples above demonstrate Republican “starving the beast,” while Republicans will spend an estimated 1 TRILLION DOLLARS waging war in Iraq. The cost of the war to just North Carolina tax payers for 2006 will be $2.6 BILLION DOLLARS with a total taxpayer cost of $8.4 billion to North Carolina tax payers since the Iraq War began. 

What could the $8.4 BILLION DOLLARS have meant to North Carolina?  Consider education: 

School systems across North Carolina will have $10 billion in construction needs in the coming five years, according to a survey presented to the N.C. State Board of Education.

 

Even that amount probably will not be enough, board members said. Many of the state's 115 districts have been unable to keep up with new school construction and maintenance of existing buildings.

 

"This number is probably just a fraction of what is needed in that marketplace," board member John Tate said as the findings were presented on Wednesday.

 

Tate is from Charlotte, where the school leaders say that $1 billion for construction is needed during the next five years, although voters defeated a $427 million bond measure in November.

Statewide enrollment is expected to reach about 1.5 million by 2014, an increase of more than 200,000 students from 2005.

 

Since 2000-01, school districts have added 1,500 trailer classrooms to make room for more students. More than 7,000 trailers are being used statewide.

 

The new state lottery is expected to raise about $160.5 million for school construction, but the biggest share of the cost will remain the responsibility of local governments. 

Simply stated, Bush has squandered the money that North Carolina so desperately needs to meet its short term school needs.  Lottery anyone? 

                        IN NEED OF A TSUNAMI                       

To North Carolina Congressional races are generating a great deal of interest, both within the State and nationally; the 8^th with incumbent Republican Congressman Hayes and the 11^th with Republican incumbent Taylor. 

Progressives, for good reason, like Larry Kissell in the 8^th.  Kissell is a person of good moral character with a solid background: 

Larry Kissell in an educator, 27-year veteran of the local textile industry and lifelong resident of the eighth district. Kissell, a Wake Forest economics graduate, is the immediate past Chair of the Montgomery Memorial Hospital Board of Trustees, two-time past President of the Biscoe Lions Club and a life member and Deacon of the First Baptist Church. An avid cyclist, Kissell has logged over 33,500 miles since 1997. He and his wife Tina have two teenage daughters. 

Kissell became the presumptive nominee for the Democrats with the candidate “selected” by the Democrat Congressional Campaign Committee withdrew after failing to generate the support needed to make a legitimate bid for the seat. 

In the 11^th District, the “favorite” for winning the Democratic Party nomination is Heath Shuler. Shuler is a:  

former Swain County High School, University of Tennessee, and NFL quarterback, is a successful businessman in real estate and land development. 

From the viewpoint of some progressives, Kissell is a “real deal” progressive, while some have observed that Shuler is a moderate to conservative Democrat. 

Will both Democrats be able to effectively make their case to the voters?  The year end Federal Elections Commission reports suggest not. 

Two points need to be made here.  First, while many Democrats envision capturing both of these Republican seats, what realistic opportunity does Kissell have with an approximate 15 to 1 disadvantage in fundraising?  Kissell may have the perfect “progressive” message and vision for his District – but that message can never be fully communicated without adequate resources.  

Consider that in 2004, Beth Troutman mounted Democratic Party opposition to Congressman Hayes.  The results: 

Hayes.................REP...........125,070 (55%)

Troutman.............DEM..........100,101 (45%) 

Hayes raised approximately $1.7 million to Troutman’s approximate $231,000.   

A lot has happened since 2004, and Kissell could win this District.  As Stuart Rothenberg recently noted: 

And while Democrats have put at least a handful of new districts into play — again, not counting open seats, which are almost always more competitive than districts where incumbents are seeking re-election — the party is lacking strong candidates in some districts that Democrats have been talking about and targeting for years.

 

These GOP-held seats include North Carolina’s 8th district (Rep. Robin Hayes), Alabama’s 3rd district (Rep. Mike Rogers), Arizona’s 1st district (Rep. Rick Renzi), Pennsylvania’s 15th district (Rep. Charlie Dent) and Missouri’s 6th district (Rep. Sam Graves). In addition, the Democrats came up with only a low-second-tier opponent in Nevada’s 3rd district (Rep. Jon Porter).

 

But no party ever recruits strong challengers in every hypothetically competitive district — and even second-tier Democrats might be good enough to win if the Democrats’ midterm wave is large enough. 

Rothenberg’s observation leads to the second point.  If Kissell is going to be given the opportunity to make the best case for Democrats, North Carolina Democrats need not look to the DCCC or the DNC to fund Kissell.  North Carolina Democrats, particularly North Carolina progressive Democrats from across the State, need to provide the funding necessary to help make Kissell’s campaign viable.  You can start by clicking here to fund a progressive candidate who could make a real difference in November.

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                        NC JUSTICE 

TPJ has received a number of requests for our recommendations on the judges to be selected this year.  TPJ’s recommendations for the upcoming primary election are outlined below, with our reasoning.  

The North Carolina Supreme Court will have one primary, for the seat vacated by Justice Wainwright, who is retiring.  TPJ believes that: 

JUDGE ROBIN HUDSON 

is the clear choice for voters.  

A Justice of the State Supreme Court is a critical selection.  The NC Supreme Court is the highest court in North Carolina.  This Court ultimately interprets the law of North Carolina as it will be applied in all other courts and administrative agencies in the State. 

A Justice should have a particularly intimate knowledge of the law and personal attributes to match the responsibilities of sitting on this Court.  First, an intimate knowledge of the extensive body of law is essential.  That knowledge comes not only from a Justice’s legal background, but from a broad range of experience, including trial and appellate court experience.  Second, and perhaps most importantly, a Justice should have the ability to envision the application of law as it effects citizens throughout the State.  Third, a Justice of Supreme Court must be able to balance the often competing forces in legal disputes with a commitment to balancing the application of the law to fashion a system of justice that is fundamentally fair to all citizens.  

Judge Hudson has superlative qualifications in each of these areas.  Judge Hudson currently sits on the North Carolina Court of Appeals, the State’s second highest court.  In her current position, Judge Hudson has developed an impeccable reputation as highly knowledgeable in the law, fairness in her decisions and a very strong work ethic. Former Chief Justices Burley Mitchell, James Exum, and Henry Frye, have endorsed Judge Hudson in prose uncharacteristic for former Chief Justices:  

“...one of the best qualified candidates ever to run for the North Carolina Supreme Court. She is a sound legal scholar who is fair and impartial...She believes judges should apply the law, not promote their own agendas.” 

In addition to her current role as Judge of the North Carolina Court of Appeals, Judge Hudson has an extensive and varied background in the law, both criminal and civil: 

Education: UNC-Chapel Hill
School of Law, J.D., 1976; Yale
University, B.A., 1973 

Legal/Judicial Experience:
Judge, NC Court of Appeals, 2001-present
Private Practice of Law, 1977-1984 & 1987-2001
Assistant Appellate Defender (State of North
Carolina), 1984-1987
Occupational Safety & Health Review Board
Administrative Law Judge, Member & Chair Appeals Board,
1993-2001 (part-time) 

The only other candidate with experience as a Judge on a NC appellate court is Judge Anne Mari Calabria.  The distinctions between Judge Hudson and Calabria are stark.   

Judge Calabria has written a number of opinions that appear to express partisan political philosophies. Judge Hudson’s opinions reflect a judicial maturity and temperament that is forward thinking and provides fundamental fairness to all who appear in North Carolina Courts. 

 The North Carolina Court of Appeals will have primaries for two seats.  Unlike the Supreme Court, the Court of Appeals is the court where all cases from the trial courts may be appealed.  A Judge on the Court of Appeals principally serves to review the conduct of all trials that appealed and determine if a trial was conducted fairly and in accordance with law.  The Court of Appeals, therefore, hears far more cases than the State Supreme Court. 

Judge Robert C. “Bob” Hunter is seeking reelection to the Court of Appeals.  He has two opponents, one qualified and one not, but the clear choice is

JUDGE ROBERT C. “BOB” HUNTER 

Judge Hunter has distinguished himself while on the Court of Appeals. Judge Hunter’s decisions are well written, thorough and always reflect a judicial temperament that demonstrate his even handed review of trial court proceedings.  Judge Hunter also distinguishes himself by his reasoned decisions requiring trial courts to retry cases when the proceedings were not fundamentally fair to a party. 

Judge Hunter also brings a perspective to the Court of Appeals that is rare.  Hunter served some 18 years in the General Assembly.  This experience gives Hunter the unique perspective in applying the statutory law enacted by the General Assembly.  

Kris Bailey of Cary, North Carolina is running against Hunter. Baily has limited experience in the law and is running on a statement that demonstrates a partisan note: 

COMMON SENSE Judges should show a measure of humility and refrain from personal whims in decisions. Under the law, our courts should protect marriage, the family, prayer, property and our Constitution, not destroy them. 

Bill Constangy of Charlotte has served as a District Court Judge for a number of years.  Yet, Constangy is the “darling” of North Carolina conservative Republicans. 

The second seat on the Court of Appeals is held by Judge Linda Stephens who was recently appointed to the position by Gov. Easley.  The best choice in this race is 

JUDGE LINDA STEPHENS 

Judge Stephens wrote perhaps the best reasons for her election to the seat she now holds: 

My judicial philosophy is simple. Work hard. Judge fairly. Listen impartially. Treat all parties with respect. Seek to ensure justice, one case at a time. 

Well said and all of the attributes that a Judge of the Court of Appeals should demonstrate. 

While North Carolina appellate court elections are non-partisan, the Republican Party has essentially sponsored candidates and advocated selection on a partisan basis.  The Democratic Party is responding, endorsing judicial candidates who are running against Republican opposition and pointing out all Democrats where more than one Democrat is running for the same seat.  

The NC Democratic Party has prepared a flyer that you can review and pass out to your friends. It can be viewed and printed here. 

REFERENCE MATERIALS: 

            2006 NONPARTISAN JUDICIAL VOTER GUIDE

TAR HEEL DEM CELLAR