North Carolina
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.
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.
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.
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
Ex-senator’s wife, 75, found escaped inmate cowering in the backseat of her car: ‘I was shaking like a leaf’
The 75-year-old wife of a former Republican North Carolina senator had a frightening start to her week when she discovered an escaped inmate hiding in the backseat of her car, according to local reports.
Marie Steinburg, married to ex-State Senator Bob Steinberg, left her Edenton home for work around 7:30 a.m. Monday when she unlocked her Honda Civic and found 23-year-old accused thief Charles Babb cowering in the backseat, with a blanket wrapped around his orange prison jumpsuit.
“I headed out the door, and I clicked the unlock, and it must have scared the guy, because the next thing I know, I saw something moving in my backseat,” the startled senior said, WTKR reported.
“I kept backing up little by little by little because I thought, I don’t know what this man is going to do.”
Babb — who police said escaped from the Chowan County Detention Center Sunday night — then jumped out the car.
While residents were urged to lock their doors and windows, stay inside, and avoid interacting with the armed and dangerous fugitive, Steinburg said she remained calm and began talking to him.
“I figured if I was nice to him, he’d be nice to me,” she said, WAVY reported.
“I just figured that was the thing to do because I didn’t know if he was really dangerous,” Steinburg explained, adding that “he kept saying, ‘I’m sorry, I’m sorry, I’m sorry. I’m so cold.’ And, you know, I was startled and I know he was too. And I said, “Well, hey, let me go in and get you a coat.’”
Steinburg said Babb then turned and raced down the driveway — reportedly leaving behind his prison sandals and a face mask — as she ran inside, called out to her husband, and dialed 911.
“I got in as fast as I could,” she recalled, according to WTKR.
“I was shaking like a leaf, and I could barely get the key in the lock, but I did.”
The Edenton Police Department apprehended the convict nearby shortly thereafter.
Police did not give details on how Babb escaped jail, other than to say he used a make-shift edged weapon. He was being held on felony breaking and entering and larceny charges before his breakout, according to the Daily Advance.
Her husband, who advocated for prison reform during his 10 years in office, praised his wife for how she handled the terrifying situation, believing a higher power was looking out for them.
The couple added that they will never forget to lock their car doors again.
“Oh let me tell you, if I don’t, [my husband] is gonna,” a relieved Steinberg said.
“It’s one of those things that we learned.”
The Chowan County Sheriff’s Office has since launched an investigation into Babb’s jailbreak.
North Carolina
How Seth Trimble’s Injury Unlocked North Carolina’s Potential
Injuries are an unfortunate element in sports, and that has been relevant for the North Carolina Tar Heels this season. Now, most of the time, those injuries occur in games or practices. That was not the case for Seth Trimble, who suffered a broken arm in a workout accident.
The senior guard has not played since the second game of the season against the Kansas Jayhawks on Nov. 7.
Although the injury forced the Tar Heels’ coaching staff and players into an uncomfortable situation, the team has responded, winning six of seven games in Trimble’s absence. You never want to see a player suffer a significant injury, but in this particular case, it has opened the door to possibilities that North Carolina may not have been aware of if this never transpired.
Here is why Trimble’s injury has not been doom and gloom for the Tar Heels in this early portion of the season.
Unlocking a Potential Star Off the Bench
Before the last two games, North Carolina’s backcourt situation appeared to be a significant shortcoming for the Tar Heels. Because of that, Davis was forced to expand his bench with the hopes of unlocking the offense while supplying consistent production.
That has elevated freshman guard Derek Dixon’s role in the rotation, which has proven to be pivotal in North Carolina’s wins in the last two games against Kentucky and Georgetown. During that span, the 6-foot-5 guard has averaged 11.5 points while shooting 53.3 percent from the field and 50 percent from three-point range.
With the rotation becoming solidified in recent weeks, head coach Hubert Davis explained how the backcourt has taken shape following the Tar Heels’ win over Georgetown on Sunday.
- “I really like [Kyan] and Derek [Dixon] on the floor at the same time,” Davis continued. “I’ve always said that I love multiple ball handlers. You can’t take us out of our offense. And with those two, with the way that Georgetown was switching defenses, we always had somebody that can handle the basketball and get us into a set and get us organized.”
- “So, it’s trying to figure out rotations,” Davis continued. “And then when Seth comes back, it’s finding it again. Different combinations is one of the things that I was excited about coming into the season. That is the versatility that we have, that we can throw out a number of different rotations out there that can be really effective on the floor.”
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North Carolina
Seasonal flu virus numbers increase across NC; NCDHHS shares tips to stay healthy this season
RALEIGH, N.C. (WTVD) — Flu-related illnesses and deaths have been rising across the state, according to the North Carolina Department of Health and Human Services.
Three flu-related deaths were reported within the past week, bringing the number of deaths to nine this season.
North Carolina reported 542 flu-related deaths for the 2024-25 respiratory virus season; this is the highest number of statewide flu deaths ever recorded in NC.
So far, no flu-related deaths in children have been reported in North Carolina.
SEE ALSO | Flu concerns grow in US as UK sees more cases among kids
Influenza A (H3N2) virus strain known as subclade K has spread worldwide, and it is the most often reported flu virus so far this season in the U.S.
State Epidemiologist Zack Moore says the flu is spreading quickly in our state and says flu vaccines are the most important tool to protect yourself from illness or death.
As holiday travel and gatherings ramp up, NCDHHS shares the following tips to keep yourself and loved ones safe and healthy:
- Regularly wash your hands with soap and water. Alcohol-based sanitizers can help prevent the spread of some respiratory viruses.
- Avoid touching your eyes, mouth, and nose.
- Clean and disinfect surfaces and objects that are often touched.
- Cover coughs and sneezes with a tissue and throw it away into the trash.
Stay home when sick: Avoid going out if you can and take steps to prevent spreading the flu to others in your home, such as using a separate bathroom, not sharing cups, towels and utensils, and wearing a mask when around other people.
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