Your choice: Gaston County Superior Court judge

Most partisan candidates on the ballot this year in Gaston County face no opposition.

The big exception coming in the race for Superior Court judge, where Republican Justin Davis is challenging Democratic incumbent Jesse Caldwell, who the governor appointed to the bench last year following the retirement of his father.

Davis, 46, is a current school board member representing the South Point Township seat, and an attorney with the Gastonia firm of Mullen Holland and Cooper. Caldwell worked in the Gaston County Public Defender's Office before Gov. Roy Cooper appointed him to the bench in 2021.

Early voting continues through Saturday, Nov. 5. Election Day is Tuesday, Nov. 8.

The Gazette sent a list of questions to each candidate and here are their answers:

Questions and answers

Question: How do you define injustice?

Davis: Injustice is simply defined as the withholding or denial of justice.

Caldwell: Injustice is when the law isn’t applied equally, when constitutional rights or due process are not respected, or when a lawyer, defendant or victim is not given the opportunity to be heard. Judges should be fair, firm, impartial and good listeners.

Question: What strengths would you bring to the bench?

Caldwell: Experience. While my opponent has had a law degree longer than me, I have far more criminal court and trial experience. The overwhelming majority of my job deals with criminal law. Convictions are often overturned because of inexperienced judges.

Davis: As a committed Christian, attorney with over 20 years’ experience, former prosecutor, and civil litigator, I have the background, work ethic, and judgment required to serve as your Superior Court judge.  I have worked as a law clerk for the chief judge of the North Carolina Court of Appeals, an Assistant District Attorney, and as a partner in the largest law firm in Gaston County.  I am the only candidate with the breadth, depth, and variety of experience to serve the fine folks of Gaston County in this important role.

Question: What do you believe to be the root cause for the high number of juvenile offenders, and what can the court system do to reduce these numbers?

Davis: Juvenile crime, like all crime, is multifactorial. It is caused by factors that include, but are not limited to, the breakdown of the nuclear family and the lack of respect for law enforcement and authority in our communities. The court system should use deferred prosecution programs where appropriate and enforce the law without favor, bias, or undue delay.

Caldwell: As the former Gaston County Chief Juvenile Defender, I can tell you there are several root causes, but it usually starts at home. Cultural and family decay have led to higher cases of mental health issues, substance abuse and crime. Courts can help by identifying drug or domestic abuse early and addressing those issues on the family level rather than individual level.

Question: Under what circumstances should the court seal court files or close court proceedings?

Caldwell: As a judge, I appreciate the value of transparency. With few exceptions, court should be open to the public and the press. Records should be sealed only when safety or legally protected privacy issues are at stake.

Davis: Criminal court proceedings are required to be open under the First and Sixth Amendments.  In civil matters, the North Carolina Supreme Court has held that there is a qualified right of public access pursuant to Article I, Section 18 of the North Carolina Constitution.  Both the United States Supreme Court and North Carolina Supreme Court have set out constitutional exceptions that allow for closure of proceedings in extraordinary circumstances.

Question: What is the greatest obstacle to justice in the courtroom, and what can be done to alleviate those hurdles?

Davis: Justice is served when the Constitution is upheld and the law is enforced, as written. As your judge, I will treat everyone in the courtroom with dignity and respect and will enforce the law and uphold the Constitution to ensure equal justice for all people.

Caldwell: Partisan politics are the greatest obstacle to justice. We judges take an oath to be apolitical and impartial. An ideological ‘liberal’ or ‘conservative’ with little criminal trial experience is a danger to justice. My robe is black, not red, or blue.

Question: What do you think the court should do about prison overcrowding?

Caldwell: Acknowledging how substance abuse and mental health issues contribute to crime and providing effective resources to address these issues would help tremendously. That said, ‘prison overcrowding’ is not a factor I consider during sentencing because I don’t sacrifice justice for budgetary concerns.

Davis: As Superior Court judge, my job is to apply the law as written, see that justice is served, set appropriate bonds, and protect our community. Construction and funding of prisons is the job of the legislature, not the courts.

Question: Describe a time you faced an ethical dilemma and how it was resolved?

Davis: As the only candidate with experience in private practice, I am regularly tasked with ethical compliance requirements of doing conflict checks when being retained by a new client or receiving a new matter from an existing client.  My experience in this area will benefit the people of Gaston County as their Superior Court judge.

Caldwell: As a judge I often make decisions with which I personally disagree, because the law requires it. When this occurs, I remind myself that the law supersedes my personal opinions. Judges that personally agree with all their rulings aren’t doing their job correctly.

Question: Do you ever wake up in the middle of the night thinking about a case and wishing you had handled it differently? Explain that situation?

Caldwell: Judges are human and have reactions to the cruelty some humans inflict on others. The impact of victims’ testimony can keep me up at night, but I strive to apply the law evenly and fairly without emotion or bias.

Davis: Throughout my career, I have worked tirelessly to represent my clients zealously and provide them with the finest legal service available. Because of my commitment to my clients, from time to time, I wake up thinking about the issues involved and strategy for handling those matters.

Question: Are there any specific types of cases in which you know now you would find it necessary to disqualify yourself?

Davis: Cases involving former clients or those handled by my current law firm.

Caldwell: I have recused myself from cases where I have a personal relationship with either the victim or defendant to avoid the appearance of partiality. Aside from that, I pride myself on maintaining objectivity in all manner of cases.

Question: What is a passion or hobby, not related to work, and how does it bring value to your life?

Davis: I am an avid outdoorsman. I enjoy hunting, fishing, hiking, watersports, and camping with my family.  Enjoying God’s creation by spending time in the outdoors with family and friends is something I greatly enjoy.

Caldwell: I’m an avid World War II historian. Both my grandfather and my wife’s grandfathers served our country during the war. I have an incredible admiration for what the greatest generation did to stand up to tyranny and fight for freedom.

You can reach Kevin Ellis at 704-201-7016 or email him at Kellis@gastongazette.com. Support local journalism by subscribing here.  

This article originally appeared on The Gaston Gazette: Gaston County will elect a Superior Court judge