Beth Tanner
Name as it appears on the ballot: Beth Tanner
Age: 37
Party affiliation: Republican
Campaign website: bethtannerforjudge.com
Occupation & employer: Associate Director (attorney); North Carolina Innocence Inquiry Commission
1) Please tell us what in your record as a public official or private citizen demonstrates your ability to be effective, fair, and impartial on the bench? Please be specific. What do you believe qualifies you to serve as a district court judge?
Currently I serve as the Associate Director for the North Carolina Innocence Inquiry Commission. The Commission is a state agency whose sole purpose is to conduct a neutral investigation of post-conviction claims of innocence. In fact, when the Commission was created, the General Assembly provided that the Commission’s purpose was “to ensure the innocent as well as the guilty receive justice” and create “public confidence in the justice system.” (https://www.ncleg.gov/Sessions/2005/Bills/House/PDF/H1323v6.pdf). As the Associate Director, not only do I have my own cases to investigate but also I am responsible for managing the Commission’s caseload assigned to my staff.
When I started with the Commission 3 years ago, the Commission only presented one case per year to the full Commission. I led the effort to clean out the backlog of cases that had been with the Commission for more than 5 years and I increased the number of hearings the Commission conducts every year. This work has resulted in two exonerations and nine other individual’s cases referred to a three-judge panel for final adjudication.
One of the accomplishments that I am most proud of is the creation of the victim support program at the Commission. I started with the grant application and saw it through to program implementation and established its legitimacy.
My work at the North Carolina Innocence Inquiry Commission requires me to be impartial every day – to confront my own biases and those of my staff to ensure our investigations are neutral.
I have a record in both private and public practice of trying cases in District Court, Superior Court, and federal courts. I have practiced criminal law and civil law, including family law. As an Assistant General Counsel at the North Carolina Department of Public Safety, I have represented law enforcement and I have advised juvenile justice. My leadership role at the Commission makes me uniquely qualified to be fair, impartial, and effective on the bench. My well-rounded tenure in criminal, civil, and specifically family law and my expertise in trying cases at the state and federal level gives me the solid experience necessary to be Wake County’s next District Court Judge for District 10F.
On a personal note, my youngest daughter is on the autism spectrum. What I usually say is that my world was black and white with no grey in between, and she gave it all kinds of different colors. In District Court, children and families come to the judicial system for answers and one in 54 families nationally are impacted by autism. This does not include the families who are impacted by other needs. I have walked that path, and I am ready to bring my experience to the District Court bench.
2) How do you define yourself politically? How does that impact your judicial approach?
In running for, and eventually presiding over cases as District Court Judge, what is important is that my personal and political beliefs and opinions have no place in the administration of fair justice. I believe that judges should be experienced in the law, dedicated to the service of the people, and fair in the implementation of justice. I intend to implement the law set forth by statute and case precedent from higher courts as it is written. Furthermore, I have a record as a public servant of doing what was required by the law and in service to the people.
3) What do you believe are the three most important qualities a judge must have to be an effective jurist?
I believe judges must be experienced in the law, dedicated to service of their community, and fair to the people that come before them. I have both civil and criminal law experience, I have practiced in multiple different courts, including District Court, and I am currently responsible for managing an entire case load for a criminal justice agency.
4) In a sentence, how would you define your judicial philosophy?
I value the law and I believe that judges should apply the law as written, using the precedents set forth by statute and case law from higher courts.
5) Black North Carolinians are incarcerated at six times the rate of whites. How do you see your responsibility as a judge in addressing racial inequity in the justice system?
As a judge, knowing the facts and data that impact the people who come into your courtroom is paramount. One of my favorite things to say in closings after trial was “facts are stubborn little things.” Data is factual, not political. As a judge, you have the responsibility of understanding data when you are administering justice. An example of this is the CDC report that Black and Hispanic children are not diagnosed with autism as frequently or as early as White children. In District Court that matters because when children are not accurately diagnosed in a timely manner, they are not given the resources they need to be successful. I have had the opportunity at the Commission to see first-hand the results of racial inequities in our criminal justice system. Inequities do not start inside the courtroom. They begin when a parent is not informed of the rights they can lean on when their child is being investigated. These inequities start when the legal services available to individuals are not equal because of the inability to pay. They apply when confirmation bias causes tunnel vision in investigating a crime. The job of the judge in District Court is to be aware and up to date on research that impacts cases in her courtroom so that when the judge is analyzing a case, the judge understands the facts in the context of applicable data.
6) Do you believe the cash bail system is in need of reform? What changes do you believe are necessary to ensure those accused of crimes are not incarcerated due to their inability to afford bond? What factors do you consider when determining the bond amount?
As a District Court Judge, I will be required to implement the laws set by the General Assembly and the local pretrial release policies set related to bail practices. The Judicial Canons of Ethics caution judges and judicial candidates from opining as to decisions they might be called to make in a courtroom. Therefore, I believe the judge is called to balance in each case the value of placing the accused behind bars with the value of public safety. I believe judges are also called to be aware of research related to the efficacy of cash bail and the impact it has on various communities. It is incumbent upon each judge to be aware of the studies and data related to the cash bail system, such as those provided in the study report from the Commission on the Administration of Law and Justice commissioned by Chief Justice Mark Martin, as well as the facts regarding the cost of incarceration and impact on the defendant’s community, the victim and society as a whole. Factors when setting pre-trial release are statutorily outlined for judges but judges have a responsibility to be aware of the most recent research regarding bail when implementing pre-trial release in their courtroom.
7) Do you support restorative justice practices prior to sentencing? If so, how would you seek to implement those practices in your capacity as a judge? Which types cases do you think should be eligible?
Restorative justice can be beneficial but I believe it should be driven by the victim in criminal cases. Therefore, that may or may not be appropriate before sentencing. Restorative practices that work with the offender even when the victim does not want to participate can still be beneficial, but even those practices require the defendant to be ready to take full responsibility for his or her actions. As a judge, I believe you have to recognize cases where restorative practice can benefit both the victim’s trauma and the defendant’s rehabilitation. I have worked with Jon Powell, the Director of the Restorative Justice Clinic at Campbell Law, to make connections between their program and the North Carolina Department of Public Safety to bring more restorative practices back to North Carolina prisons. In addition, I created the victim support program at the Commission. I selected the candidate for the Victim Services Coordinator position that had a background in restorative practices because I believed that the program at some point could benefit from restorative practice between original victims and exonerees. Cases cannot fit into a “one size fits all” box, they require careful individual consideration.
8) Do you support mandatory minimum sentences for certain, such as low-level drug offenses? Why or why not?
The determination of “mandatory minimum” is really legislative, not judicial. Judges have certain discretion within those sentences to address factual distinction between cases. In addition, the General Assembly recently passed the First Step Act, which allows a judge to make certain findings that can result in a reduction of the sentence. As a District Court Judge, I will apply the statutory requirements and my discretion as allowed by statute to the facts to implement a fair sentence in cases before me. In addition, as noted below regarding diversion programs, Wake County Recovery Court may be appropriate in a case. In addition, in August 2020, the federal government passed legislation related to supporting Veteran’s Treatment Courts which can similarly address low level drug offenses effectively.
9) Some district courts are implementing misdemeanor diversion programs for young and/or first-time offenders. Do you believe programs like these are effective?
Yes. I am a volunteer for Teen Court in Wake County so I have first-hand experience with a diversion program that benefits youth. The goal of the criminal justice system is to hold offenders responsible but also to prepare them to be good members of society. Diversion programs, when used appropriately, can provide the structure needed to send youth or first time offenders in the right direction. Wake County has a Recovery Court Program that has been successful in providing responsibility as well as treatment to drug offenders. In addition, given the recent federal support for Veteran’s Treatment Programs, North Carolina, specifically Wake County, could expand Veteran’s Treatment Courts which are currently operational in only four counties (not Wake). Implementing a program, however, requires more than just an idea. Similarly to how I implemented the Victim’s Support Program at the Commission, creating such programs requires knowledge and experience in soliciting funding (usually grants), implementing the funding, coordinating with other agencies such as mental health and drug recovery programs, and hiring well trained personnel. I am the only candidate in the race for Wake County District Court Judge 10F with experience in implementing such support programs.
10) In many cases, voters know very little about the judges they are electing. Tell us something about yourself that our readers may be surprised to learn.
I have, for most of my life, been very interested in the arts. I play the piano (I actually used to have a job as a church pianist) and I take a clogging class in Cary, North Carolina at Graceful Expressions dance studio. I also love to cook! My creative side appreciates those outlets. In addition, I have been so impacted by my work at the Commission that I am seeking my Masters of Law through a joint program with Campbell Law and Nottingham Law in England, specifically researching how our use of criminal and civil discovery rules at the Commission could benefit the criminal justice system before conviction.
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