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Newby transforms N.C. courts to playground to settle petty political feuds

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Newby transforms N.C. courts to playground to settle petty political feuds


CBC Editorial: Friday, Jan. 5, 2024; # 8897

The following is the opinion of Capitol Broadcasting Company

When North Carolina legislature this year extended the mandatory retirement age for appellate judges from 72 to 76, it was about politics to keep Chief Justice Paul Newby in office at least through the end of his 8-year term instead of being forced to retire in 2027. Susie Sharp, the first woman to serve as the state’s chief justice, was forced to leave the job in 1979, three years before her term ended. The politics hasn’t ended there.

Lest anyone seek proof, they need look no further than the events of this week.

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Politics, not justice, is what motivates Newby. It doesn’t take a cartographer to map the political connections. Let’s see the route.

Appeals Court Chief Judge Donna Stroud was the senior judge on that court and its chief judge when she was reelected in 2022. This week Newby stealthily demoted Stroud from her leadership post, replacing her with junior Appeals Court judge Chris Dillon – who also was until this week the chair of the state Judicial Standards Commission.

In a similarly stealthy move, Newby named Appeals Court Judge Jeffrey Carpenter to replace Dillon as the leader of the Judicial Standards Commission.

That’s not all. This week Newby presided at the swearing in of Beth Freshwater Smith as a newly legislatively-appointed (as recommended by state Senate leader Phil Berger) special state Superior Court Judge.

It was Freshwater Smith who in 2020 challenged Stroud in the Republican primary with support from Berger and endorsements from state Supreme Court Justice Phil Berger Jr., the namesake son of powerful state Senate leader, and Judge Carpenter.

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In May 2022, Justice Berger Jr., in an unusual action by a sitting judge or justice, directly and publicly worked to defeat Stroud. In a Facebook post, as reported by Business North Carolina, Berger Jr. revealed he opposed hiring Gene Soar as the Appeals Court’s clerk. Berger, disregarding matters of qualification wanted a Republican and not a candidate the court’s Democratic judges also backed for the job. He noted that one of the applicants was his former law clerk.

There were real questions about the appropriateness of sitting judges and justices being so directly involved in political campaigns, particularly when there was a likelihood that they might be called upon to adjudicate issues about those elections.

In March 2022 reported the N.C. Tribune, the state Judicial Standards Commission posted a note on its website leaving the quite distinct impression that candidate endorsements by sitting judges weren’t proper. “Endorsements should only be made when a judge is a bona fide candidate actively engaging in campaigning during his or her election cycle,” it stated. “Otherwise, the rule prohibiting endorsements … would be rendered meaningless except as to special superior court judges and other judges unable to run for re-election.”

A few days later the memo was revised with those sentences deleted. The update gave judges and justices broader latitude for endorsements and other forms of election campaign involvement. The executive director of the commission, Carolyn Dubay, resigned shortly after.

Traveling this trail to its origin – the 2020 elections – makes clear the events of this week are not about the administration of justice. Chief Justice Newby, Justice Berger Jr., Judge Dillion and Judge Carpenter – and who knows who else — manipulated our state’s judicial system to settle a political feud.

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Such blatant patronage, reflexive partisanship, manipulation and fealty went out 235 years ago with the American Revolution and the adoption of the Constitution.

North Carolinians must have a judicial system – as well as those who lead it – that settles disputes openly and according to the law.

The latest actions by the leaders of our state courts are clearly to the contrary.

This latest judicial escapade, as this evidence clearly shows, is to the contrary and will only foster distrust and cynicism.

Newby is transforming the courts from a forum for justice into a political playground.

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North Carolina Central student dies from injuries following car crash

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North Carolina Central student dies from injuries following car crash


DURHAM, N.C. (WTVD) — An NC Central student who was planning to play for the school’s football team has died following a car crash last month.

19-year-old Terrance Howard enrolled in summer classes, and was driving to Durham when he was involved in a car crash outside Salisbury. When he got out of his car to check on others, he was struck by another vehicle. After 10 days in a medically induced coma, Howard passed away in the hospital on July 30.

“It just seems incomprehensible,” said Rick LaFavers, Howard’s football coach at Ridge Point High in Missouri City, Texas.

In an interview with ABC 13 in Houston, LaFavers recalled his competitive spirit.

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“I just remember his smile. He came in my office in May when he came back, and he came in the coach’s office and went and talked to the team,” said LaFavers.

That drive ultimately led him to walk on at the University of Alabama last season, where he spent a year with the SEC champions. Sunday afternoon, head coach Kalen DeBoer began his press conference by acknowledging Howard’s passing.

ALSO SEE: Raleigh husband and father in need of life-saving kidney transplant: ‘I’m going to find my angel’

“He’s got some guys that are here on this team who were close to him and also thinking about him. Just want to send prayers and thoughts up to his family,” said DeBoer.

Howard was also highly regarded for his skills as a track & field athlete. In a statement, Cheryl Thompson-Harris, his coach with Mainland Jaguars Track Club, wrote:

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Terrance was a very special kid. He was a member of the Mainland Jaguars Track since the age of 11 years old. His dad coached with us a many years. He was a great teammate, athlete, and all-around great young man. Our hearts and prayers go out to his wonderful family. Terrance will be truly missed.

Howard announced his commitment to NC Central in May, sharing three pictures of him wearing Eagles jerseys as part of his post on X.

He was such a competitor and everybody loved him

Many have shared condolences on social media, including NC Central men’s basketball coach LeVelle Moton, who wrote: “May God provide comfort and healing to this family.”

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ABC11 has reached out to NC Central and NC Central’s football program for comment but has not heard back at this time.

Copyright © 2024 WTVD-TV. All Rights Reserved.





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Tropical Storm Debby: ‘Historic,’ ‘catastrophic’ flooding possible on South Carolina coast

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Tropical Storm Debby: ‘Historic,’ ‘catastrophic’ flooding possible on South Carolina coast


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Tropical Storm Debby, in the Gulf of Mexico Sunday afternoon and headed toward the Big Bend area of Florida, is forecast to impact parts of South Carolina and North Carolina this week. Alerts have been issued for the storm that could bring potentially historic rainfall, rough surf and flooding to these regions.

At 2 p.m. Sunday, the National Hurricane Center issued an advisory for Tropical Storm Debby, noting that it is expected to strengthen into a hurricane before making landfall Monday morning. Debby is expected to move slowly across northern Florida and into southern Georgia before moving into the Atlantic Ocean and up the coast.

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The cone that shows the storm’s probable path includes much of S.C. However, many variables remain, including the strength of the still-developing storm and its exact eventual path.

Track Tropical Storm Debby

Track Debby: South Carolina Storm Tracker and Model Mixer

What can we expect in South Carolina?

The Hurricane Center’s forecast shows the center of the storm reaching South Carolina by about 8 p.m. Tuesday. But effects like heavy rain could start as early as Monday night.

Rainfall along the coast is expected to be the main concern. The S.C. coast from the southern part of the state past the Charleston area could see 16-20 inches of rain, with local amounts of up to 30 inches. That will likely result in “considerable” flash and urban flooding, and some river flooding is possible, the Hurricane Center said.

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“Heavy rainfall will likely result in considerable flooding impacts from the Florida Big Bend region through southeast Georgia and the Coastal Plain of the Carolinas through Friday,” the Hurricane Center said. “Potentially historic heavy rainfall across southeast Georgia and South Carolina through Friday morning may result in areas of catastrophic flooding. Significant river flooding is also expected.”

The likelihood of storm surges creates a life-threatening situation, the Hurricane Center said. Persons located within these areas should take all necessary actions to protect life and property from rising water and the potential for other dangerous conditions. Promptly follow evacuation and other instructions from local officials.

Rain of about 1-4 inches is forecast for parts of the Upstate.

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What watches and warnings are in effect in South Carolina?

A flood watch is in effect from 2 a.m. Monday through Friday morning for southeast South Carolina, including Allendale, Beaufort, Charleston, Coastal Colleton, Coastal Jasper, Dorchester, Hampton, Inland Berkeley, Inland Colleton, Inland Jasper and Tidal Berkeley.

A tropical storm watch is in effect for Charleston, McClellanville and Edisto Island. The forecast calls for winds of 20-30 mph with gusts to 40 mph.

A storm surge watch is in effect beginning Monday afternoon for Charleston, McClellanville and Edisto Island, with a potential of 2-4 feet above ground.

What other watches and warnings are in effect?

As of Sunday afternoon the depression was about 125 miles west-southwest of Tampa, Florida.

  • A hurricane warning is in effect for Florida coast from the Suwannee River to the Ochlockonee River.
  • A hurricane watch is in effect for the Florida coast west of the Ochlockonee River to Indian Pass * Florida coast south of the Suwannee River to Yankeetown.
  • A tropical storm warning is in effect for the Dry Tortugas, the Florida coast south of the Suwannee River to East Cape Sable and the Florida coast west of the Ochlockonee River to Indian Pass.
  • A tropical storm watch is in effect for the Florida coast west of Indian Pass to Mexico Beach, and the Georgia and South Carolina coast from the Mouth of the St. Mary’s River to South Santee River South Carolina.
  • A storm surge warning is in effect for the Florida coast from the middle of Longboat Key northward to Indian Pass including Tampa Bay.
  • A storm surge watch is in effect for the Florida coast from Bonita Beach northward to the middle of Longboat Key, including Charlotte Harbor, and thr Georgia and South Carolina coast from the Mouth of the St. Mary’s River to South Santee River South Carolina.

More: When is first day of fall? SC’s weather forecast by Old Farmer’s Almanac; is it accurate?

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More: Heat wave continues, cooling stations open in Spartanburg County. What about Greenville?

Where is Tropical Storm Debby?

Track it: South Carolina Storm Tracker and Model Mixer

Conditions at 2 p.m. Aug. 4:

  • Location: 125 miles west-southwest of Tampa, Florida.
  • Maximum sustained winds: 65 mph.
  • Movement: North-northwest at 13 mph.

More: Heat advisory in effect for Greenville, Spartanburg and Anderson, precautions to stay cool

Are you prepared for a hurricane?

Hurricane season runs from June 1 to Nov. 30. Even if this system won’t pose a threat to the Upstate, it’s never too early to be prepared.

Iris Seaton, Carolinas Connect, and Cheryl McCloud, USA TODAY NETWORK – Florida, contributed.

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Todd Runkle is the Carolinas Connect editor and also a content coach for the Asheville Citizen Times, part of the USA TODAY Network. Reach him at trunkle@gannett.com.



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North Carolina Zoo celebrates its 50 anniversary

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North Carolina Zoo celebrates its 50 anniversary


ASHEBORO, N.C. (WTVD) — The North Carolina Zoo is celebrating 50 years.

Located in Asheboro, the zoo houses about 1,700 animals and over 250 species primarily from Africa and North America.

On social media, NC Zoo wrote Friday:

“Throughout our history, we’ve been home to a diverse array of remarkable animals, dedicated keepers, and passionate employees who work tirelessly behind the scenes. Join us in honoring this milestone by visiting the Zoo in 2024!”

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The Zoo also mentioned the Zoo’s first animals, which were two Galapagos tortoises named Tort and Retort.

The post said in part: “These two tortoises symbolize the early days of the North Carolina Zoo and are cherished deeply in our hearts.”

The North Carolina Zoo is one of two state-supported zoos in the country. The other is the Minnesota Zoo.

Copyright © 2024 WTVD-TV. All Rights Reserved.





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