{"id":6031,"date":"2022-01-18T09:58:59","date_gmt":"2022-01-18T09:58:59","guid":{"rendered":"http:\/\/9thstreetjournal.org\/?p=6031"},"modified":"2023-03-27T15:53:05","modified_gmt":"2023-03-27T15:53:05","slug":"a-judge-in-twilight-impartiality-partisanship-and-a-life-on-the-bench","status":"publish","type":"post","link":"https:\/\/9thstreetjournal.org\/2022\/01\/18\/a-judge-in-twilight-impartiality-partisanship-and-a-life-on-the-bench\/","title":{"rendered":"A judge in twilight: impartiality, partisanship, and a life on the bench"},"content":{"rendered":"
Judge James Hill looks at home sitting on the bench wedged in the dim corner of Courtroom 5A in the Durham County Courthouse. A gleaming silver medallion emblazoned with the North Carolina state seal and mounted to the wall gives the space an air of grandeur. But Hill\u2019s warmth is palpable, even with the plastic shield that separates him from the rest of the courtroom.<\/span><\/p>\n On a Wednesday afternoon last October, a defense attorney explains that her client is prepared to fulfill his two-day jail sentence, \u201cbut doesn\u2019t want to lose his job.\u201d\u00a0<\/span><\/p>\n The young man clasps his hands together and nervously explains that he is contracted to work an upcoming three-day shift but can\u2019t report to his job on time if he is locked up.\u00a0\u00a0<\/span><\/p>\n \u201cYou could go to jail right now,\u201d the silver-haired, bespectacled Hill says, with a southern drawl. \u201cAnd I could let you out at 5:00 a.m.\u201d\u00a0<\/span><\/p>\n \u00a0<\/span>The defendant’s eyes widen with relief, as a muscular bailiff handcuffs him. This savviness has served Hill well since he was first elected to the Durham County Court in 2002.\u00a0\u00a0<\/span><\/p>\n For almost two decades, Hill, 71, was a fixture at the courthouse. But after losing his campaign for reelection in 2018, he now only comes to the courthouse occasionally as an \u201cemergency\u201d judge. Hill\u2019s career is the story of a man who prided himself on his impartiality, only to suffer the consequences of a very public courtroom controversy \u2013 and\u00a0 the arrival of partisan judicial elections.\u00a0<\/span><\/p>\n After being elected as judge in a nonpartisan election in 2002, he faced no opposition for his seat on the bench in 2006, 2010, or 2014. In 2017, the North Carolina General Assembly put political parties on the ballot for District Court judicial elections.\u00a0<\/span><\/p>\n The state legislature\u2019s decision paved the way for a Democrat to challenge Hill in overwhelmingly blue Durham County. For the first time since 2002, voters saw that Hill was a Republican and that his opponent, Clayton Jones, a former public defender and assistant district attorney in Durham County, was a Democrat.<\/span><\/p>\n In the race, Hill\u2019s experience and candor on the bench were liabilities. Jones garnered 76% of the vote, while Hill won only 24%.\u00a0<\/span><\/p>\n The Beginnings<\/b><\/p>\n \u00a0<\/span>Aside from the three years he spent in Alabama at Cumberland School of Law, Hill is a lifelong resident of Durham County. His road to the judiciary began when he decided he wanted to be a lawyer in 7<\/span>th<\/span> grade.\u00a0<\/span><\/p>\n \u00a0<\/span>The self-described \u201clittle country boy\u201d from Rougemont is the youngest of three, born to hard working parents who both had a 9<\/span>th<\/span> grade education.\u00a0<\/span><\/p>\n \u00a0<\/span>\u201cIf you would have taken a blind look at my background, you would say that guy was never going to amount to much of anything,\u201d Hill says.\u00a0<\/span><\/p>\n \u00a0<\/span>He worked his way through school at the University of North Carolina at Chapel Hill as a laborer and carpenter, when he estimated that cost of attendance was $2,000 a year.<\/span><\/p>\n \u00a0<\/span>As a lawyer, Hill\u2019s practice ranged from civil and juvenile cases to murder cases. It was good preparation for the rotating hats he would later wear as a District Court judge.\u00a0<\/span><\/p>\n \u00a0<\/span>Before the Durham County Public Defender\u2019s Office was established in 1990, private attorneys would sign up to represent those who could not afford a lawyer.\u00a0<\/span><\/p>\n \u00a0<\/span>Hill \u201cgot on all the court-appointed lists,\u201d as you did back then.\u00a0<\/span><\/p>\n \u00a0<\/span>One of his first clients was a man with an IQ of 64, which generally indicates an intellectual disability. The man had relieved himself on the busy corner of Trinity Avenue and Mangum Street during peak morning hours and had been charged with indecent exposure.\u00a0<\/span><\/p>\n \u00a0<\/span>Hill got the man off with a Prayer for Judgment Continued\u2014a legal device that suspends a conviction even when defendants have been found guilty or have pled guilty. To this day, Hill considers it a win.<\/span><\/p>\n \u201c<\/span>He looks at people straight from eye to eye,\u201d says Judge\u00a0 Archie Smith, Clerk of Superior Court. \u201cHe doesn\u2019t consider himself any better than anybody else.\u201d <\/span>\u00a0<\/span><\/p>\n ‘I didn’t start this race to lose’\u00a0<\/b><\/p>\n \u00a0I<\/span>n 1994, all five of the Durham District Court judgeships and three of the four Superior Court judgeships were for the taking. Then-Chief District Court Judge Kenneth Titus told The Durham Herald-Sun that it was going to be a \u201cwicked year.\u201d\u00a0<\/span><\/p>\n \u00a0<\/span>After failing to score an appointment, Hill was eager for a spot on the Durham District Court bench. The Democratic primary went into a runoff.\u00a0<\/span><\/p>\n \u00a0<\/span>Outwardly, Hill remained hopeful.\u00a0<\/span><\/p>\n \u00a0<\/span>\u201cI didn\u2019t start this race to lose,\u201d he told The Herald Sun after the vote count.<\/span><\/p>\n Durham Mayor Elaine O\u2019Neal, who was then a lawyer, beat Hill by some 1,100 votes in the low-turnout run-off.\u00a0\u00a0<\/span><\/p>\n \u00a0<\/span>In the years after the election, Hill, once President of the Durham County Young Democrats and treasurer of the Durham County Democratic Party, switched his party affiliation.\u00a0<\/span><\/p>\n \u00a0<\/span>\u201cI didn\u2019t leave the Democratic Party. It left me,\u201d says Hill, who declines to say much more.\u00a0<\/span><\/p>\n In 2001, the North Carolina legislature took political affiliation off the ballot for district court races. Hill ran again with the slogan \u201cA judge Durham will be proud of.\u201d He touted his 25 years of legal experience and his commitment to impartiality.\u00a0<\/span><\/p>\n \u00a0<\/span>Hill lost the open primary, but ultimately clinched the judgeship by beating William A. Marsh III by a 12-point margin in November.\u00a0<\/span><\/p>\n \u00a0<\/span>As for his status as a Republican, \u201cat that time, not much was made of it,\u201d Hill says.<\/span><\/p>\n \u00a0<\/span>On the Bench\u00a0<\/b><\/p>\n \u00a0<\/span>To Hill, District Court is the \u201cpeople\u2019s court,\u201d and he says he strove to run it as such. He fondly recalls bantering about construction-related technicalities with one defendant. He remembers everyone else in the courtroom being bewildered, thinking \u201cWhat in the world are you talking about?\u201d<\/span><\/p>\n \u00a0<\/span>\u201cBut I felt like that was good for me and him,\u201d Hill says. \u201cTo let him know I knew what he was going through.\u201d\u00a0<\/span><\/p>\n \u00a0<\/span>Just a year into his courtship, Hill ruled that a North Carolina law imposing a $50.00 application fee to obtain a court-appointed lawyer was unconstitutional.<\/span><\/p>\n \u00a0<\/span>He was the first judge in the state to do so. Superior Court Judge Orlando Hudson affirmed Hill\u2019s ruling. The North Carolina Supreme Court followed suit. He recalls this as one of his proudest rulings.\u00a0<\/span><\/p>\n \u00a0<\/span>\u201cI didn\u2019t really think about political repercussions,\u201d Hill says. \u201cI just did what I thought was right.\u201d\u00a0<\/span><\/p>\n \u00a0\u00a0<\/span>As a jurist, Hill presided over Mental Health Court in its infancy.\u00a0 He also established and ran a truancy court\u2014which creates legal penalties for excessive repeated unexcused school absence\u2014for more than ten years at his middle-school alma mater, Carrington Middle School, until the idea fell out of favor with the prosecutor\u2019s office.\u00a0<\/span><\/p>\n \u00a0<\/span>Elections Made Partisan\u00a0<\/b><\/p>\n The 2018 judicial election was unlike any Hill had faced before. The North Carolina General Assembly had just recently made judicial elections partisan again, and Hill would have to run as a Republican candidate in a deeply blue district.\u00a0<\/span><\/p>\n