Voters' Guide 2022: Cumberland District Court judge candidates talk philosophy, fairness

In the 12th District Court Judicial District of North Carolina, which is Cumberland County, Adam Phillips was appointed to Seat 6 in March. He faces primary competition from fellow Democrats Rosalyn Hood and Sherry Miller. The winner of the primary, the only one among 12th District Court candidates, will face Republican Jonathan C. Strange in the general election.

Also in the 12th District Court District, Democrat Toni S. King is running unopposed for re-election to Seat 1. Democrat Frances McDuffie is running unopposed for re-election to Seat 2. Democrat David Hasty is running unopposed for re-election to Seat 3. Democrat Stephen Craig Stokes is running unopposed for re-election to Seat 4. Democrat Cheri Siler-Mack is running unopposed for re-election to Seat 5. Democrat Caitlin Evans is running unopposed for re-election to Seat 7.

Below are the primary candidates' responses to a questionnaire.

Democrats, Seat 6

Adam Phillips

Age: 35

Immediate family: Faith, my wife of 8 years. And Gideon, my 4-year-old son.

Occupation: District Court Judge

Elected office held: District Court Judge for District 12, Seat 6

What is your judicial philosophy? My philosophy is governed by the lessons I learned from my childhood. Growing up in a pastor’s home, I was taught scriptures like “what does the Lord require of you but to do justice and love kindness,” and “defend the rights of the poor.” I believe there is a clear biblical mandate for believers to stand for justice and equity. That’s what I set out to do when I began working in the public defender’s office 8 years ago, and that’s what I’ll continue doing as judge.

Further, we have to work to create a system where the entire community feels comfortable knowing they will be treated fairly, but we also have to take steps to lift people out of a cycle of destructive behavior. Crime is clearly an issue in our county, and I believe the best way to reduce crime is to address what causes crime. Now that I’ve been appointed to this position by Governor Cooper, I have the power to direct people to resources that can help address the root cause of destructive behavior and help put them on a path to recovery. I believe the community as a whole benefits when individuals get the help that they need.

Do you think cash bail reform is needed? Why or why not? If so, what specific changes would you like to see? Being that I’m now a sitting judge, I’m governed by certain judicial standards that prevent me from giving an answer on topics that could come before me as an issue that requires my decision. However, I think its important to note that a revised bond policy was just recently adopted by the Cumberland County Courthouse last September, and I intend to abide by this new policy. Certainly we must ensure that pre-trial bond is never used as a form of punishment, and that people are not being held in custody solely because they are experiencing poverty and are unable to pay their bond. Bond is only meant to ensure someone appears in court and to ensure public safety, not to punish poverty.

Is the court system fair? In other words, are all defendants treated equally? Why or why not? While this question is also difficult for me to answer because I am now serving as judge, there is no question that every system has its challenges. The criminal justice system is no different. When I worked in the public defender's office, I developed a reputation for demanding equal and fair treatment for all of my clients. As judge, it is my solemn duty to ensure that everyone who comes into my courtroom is treated equally, and that is a duty I promise to honor.

Rosalyn Hood

Age: 41

Immediate family: Children: Christopher (6), Simon (6), Lillian (1), NyQuan (25)

Occupation: Criminal Prosecutor for Cumberland County District Attorney's Office

Elected office held: Not applicable

What is your judicial philosophy? I endeavor to bring a professionalism to the bench that reinforces the dignity of all participants, free of bias, outside influence, and politics in a way that shows respect for the law, the litigants, and the litigators who appear in court. Only the law and the facts of the case should determine a judge’s ruling, except where the law as applied is obviously biased or unconstitutional in its application.

Do you think cash bail reform is needed? Why or why not? If so, what specific changes would you like to see? Cash bail reform is needed to ensure that a defendant's rights to be presumed innocent are preserved and to protect victims of violent crimes. Specifically, limiting the use of cash bail practices to serious offenses involving personal harm and/or threat of harm to the safety of another, eliminating its use entirely otherwise, requiring a mandatory review of the continued need for a secured bond within ten days from the initial bond hearing and every thirty days thereafter for which the burden is on the prosecutor to prove that the defendant is a continued threat to the victim and/or danger to society if released. Additionally, similar to the sentencing grid, there should be a minimum and maximum bond amount that may be ordered determined by the offense charged and a defendant's income to ensure a more equitable application of the practice.

Is the court system fair? In other words, are all defendants treated equally? Why or why not? There remains inequities in our court system where the pursuit of justice has been replaced with "job security," "that's the way it has always been done," and political influence.

Sherry Miller

Age: 56

Immediate family: Burt Dobson, spouse; Aiden Dobson, child

Occupation: Attorney

Elected office held: Running for District Court Judge

What is your judicial philosophy? My judicial philosophy is a combination of treating parties and their legal counsel with respect, maintaining decorum in the courtroom, knowing the law and applying it correctly, and promoting integrity and fairness. The most effective way for me to practice this philosophy is to make sensible decisions that is based on facts presented and not interjecting my personal thoughts and bias.

Do you think cash bail reform is needed? Why or why not? If so, what specific changes would you like to see? Yes, I think if we live in a fair and just society all defendants, regardless of their income, would have bond conditions complimentary to the nature of their offense. Unfortunately under our current bond system, if a defendant does not have money to make bail, that defendant sits in jail, which can result in poorer defendants who have less serious charges being detained, while wealthier defendants with more serious offenses out on the street. I believe utilizing more pretrial release conditions such as electronic monitoring, house arrest and so forth would better insure defendants' appearances in court and keep the community safe.

Is the court system fair? In other words, are all defendants treated equally? Why or why not? The court system is designed to be fair, but the practice of law is not always fair. Not all defendants are treated equally. Some may have ineffective representation, some may have better resources whether it's financial or community connections and some may have mental health issues that prohibit them from getting the help they need. A fair and just judge can recognize and ameliorate these inequities.

This article originally appeared on The Fayetteville Observer: Voters' Guide to the Cumberland County District Court candidates