Hathaway Pendergrass
Name as it appears on the ballot: Hathaway Pendergrass
Age: 36
Party affiliation: Democrat
Campaign website: www.hathawaypendergrass.com
Occupation & employer: Attorney; Epting and Hackney
Years lived in North Carolina: 33
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?
I practice law at Epting and Hackney in Chapel Hill with Joe Hackney and Bob Epting. Every week, I am in District Court in Orange or Chatham County focusing on criminal defense and civil litigation, including family law, juvenile, and domestic violence cases. I’ve represented children, students, parents and workers from across all of our community. I’ve seen the impact that one drug charge can have on a single parent, who subsequently has to traverse criminal court, drug treatment court, family court, and abuse, neglect, and dependency court. I’ve represented clients who have had their license revoked for unpaid court costs, or for failing to appear in a separate county because they were unable to get off work for their court date. As a Guardian ad Litem, I’ve advocated for children who have a parent suffering from mental illness and simply want their mom to be safe and healthy. Practicing in my hometown, my first priority is to help my clients feel supported in navigating what can feel like an inescapable maze. Outside of my law practice, I’ve had the privilege to be very involved in our community. I served on the Board of Directors for the Orange County Rape Crisis Center for six years, including two as President of the Board. My advocacy work with survivors changed the way I practice law and the way I live my life by providing me with the tools to be a better advocate for my clients and taught me how to empower my children to understand consent and the control they have over their own bodies. I previously served as President of the 15B Judicial District Bar. As President, I worked with our Racial Justice Taskforce and I implemented a policy whereby our Judicial District Bar would fund training of all judges, members of the executive committee team of the Judicial District Bar, and members of the Racial Justice Taskforce in our District at the Racial Equity Institute. As a former participant in REI training, I understand the importance of learning and confronting systemic racism and how it operates within our legal system. I also extended our policy to pay for all attorneys in our District who attended REI’s Groundwater Training. It was important for me that our judicial officials and those who work in the courtroom daily receive such training to ensure that equity and racism is something that is consciously on their minds and isn’t fleeting. While REI is amazing, it is a piece of the training to understand equity and our biases. This work must be intentional and must be confronted each day. While I no longer serve as President of the Judicial District Bar, I now serve as a member of the Racial Justice Taskforce. Since 2016, I have been the volunteer attorney for EmPOWERment, Inc., an affordable housing non-profit in Chapel Hill. I have worked with their amazing Executive Director and staff to ensure they can provide as many homes and stable living situations for community members living in need. Over the past four years, I have served as a Teen Court Judge with Volunteers for Youth. Teen Court is a diversionary program for youth in our community that provides them the space to learn from their mistakes without creating a record that will follow them for a lifetime. Connecting one on one with a younger person, listening to them, telling them they are not to be judged based upon one bad act but of the totality of their actions, and showing the same level of respect and dignity shown to adults, is consistently one of the most meaningful nights each month in my life. The sheer power of compassion and listening cannot be overstated. Additionally, I’ve worked to become familiar with different corners of the community outside of my aforementioned experience in order to, at a minimum, learn more about my fellow citizens. I served as the volunteer attorney for the Carrboro Farmers Market for several years, working with farmers and assisting them on how to best market and sell their crops and wares. I served on the Carrboro Planning Board and currently serve on the Orange County Planning Board. Currently, I serve on the Board of Directors for the ArtsCenter in Carrboro and as Chair of the Board of Directors for the Orange & Chatham Justice Initiatives affiliate. Understanding one's community is necessary to effective public service. The combination of my professional and volunteer work in the community that raised me will enable me to be an effective, fair, and impartial District Court Judge. I will be effective due to my extensive litigation experience throughout all aspects of District Court. I will be fair and impartial due to my work in the community and my advocacy and representation of many different groups and individuals. This combination has helped me garner support from a number of diverse stakeholders and leaders in our community, including fellow attorneys, leaders of the Judicial District Bar, and 21 current elected officials: https://hathawaypendergrass.com/endorsements/.
2) How do you define yourself politically? How does that impact your judicial approach?
The importance of a fair and impartial courtroom, and the public’s perception of such, cannot be overstated. I identify as a progressive and a member of the Democratic Party, however, I clearly recognize my role in promoting confidence in a coequal, independent branch of government. While the North Carolina Democratic Party’s Platform outlines a number of ideals that are applicable to my judicial philosophy, which rests upon the pillars of: (i) ensuring equity in the judicial process; (ii) connecting with compassion; and (iii) serving the best interests of children and youth, partisan politics will have no part in my actions as a judge. I will apply the judicial philosophy outlined above because it is necessary to effectuate a just judicial system.
3) What do you believe are the three most important qualities a judge must have to be an effective jurist?
The three most important qualities a judge must have are: (i) treating all who come before the court with compassion and empathy, meeting them where they are and not expecting anything from them; (ii) the temperament of not letting one’s emotions bleed into a decision in order to maintain the integrity and fairness of the decision-making process; and (iii) the wisdom to recognize what one knows, and more importantly, what one does not know, and the resolve to gather the necessary information.
4) In a sentence, how would you define your judicial philosophy?
I want to bring Justice with Dignity to the bench by ensuring equity in the judicial process, connecting with compassion, and serving the best interests of children and youth.
5) Which judges, past or present, do you most admire? Why?
District Court Judge Pat Devine served in Orange and Chatham Counties. Judge Devine served from the bench with an inspiring blend of mind and heart. I watched her consistently render decisions with compassion and integrity. She taught me the importance of communicating clearly and directly with involved parties and the value of explaining any nuances that may factor into a decision as a means towards removing certain anxieties and worry that amass while navigating the intricacies of court. She was tenacious in her attempt to do what was right after doing her best to understand those who came before her. Judge Devine and I sat down for coffee a few months ago and I remember asking her, “How did you do it?” She pointed to my chest and told me to stay true to my heart. I will never forget that gesture, and I strive to apply it to all facets of my life.
6) In North Carolina, court fees have increased 400 percent over the past 20 years, and nonpayment may be punished with more fees, license revocation, or jail time. Advocates have alleged that this is, in effect, criminalizing poverty. As a judge, what can you do to ensure this doesn’t happen?
The criminalization of poverty pervades all systems in the United States, including our judicial system. In order to combat this reality, we must be intentional. We must meet every person who comes before the court where they are. Understanding the impact of court costs, fees and fines on each individual is extremely important. For instance, $200.00 looks different to every person. To some, if $200.00 is put towards court costs, something else will go unpaid, be that a utility bill, insurance premium, or necessities for one’s home. Judges in North Carolina have a constitutional obligation to inquire about a person’s ability to pay and may remit or waive court costs, where there is a showing of “just cause.” While individual judges have the ability to make change, the judicial system does not operate in a silo, it impacts every aspect of our community, and as such, our community can also play a central role in assisting. Gene Nichol, a tireless advocate for those suffering from poverty, and an endorser of my campaign, co-authored a report in 2017 entitled “Court Fines and Fees: Criminalizing Poverty in North Carolina.” Among other things, the report highlighted the overwhelming criminal justice debt shouldered by so many North Carolinians. In response to this report and the growing understanding of the impact of court costs on the poor, the Town of Chapel Hill approved a pilot program introduced by council members Allen Buansi and Karen Stegman whereby $20,000.00 would be placed into the fund and town residents unable to pay who meet certain criteria, including being charged with non-violent crimes or traffic offenses, could use the funds towards their court costs. When a judge assesses court costs and fines, they must first start from the prescribed related legislation. As a judge, when determining court costs, fees and fines, I will also take into account the person before me and the impact a certain cost or fine will have on that specific individual. I will work with our community leaders so we all can better understand the impact costs, fees and fines are having on individuals when they come before the court and also when they are living their day-to-day lives in the community. Making change takes consistent and intentional actions. I will engage in those actions on a daily basis.
7) Do you support restorative justice practices prior to sentencing? If so, please explain what sort of practices you support and in what types of cases? Who should be eligible?
Yes, I support restorative justice practices prior to sentencing. Restorative justice focuses on healing for the victim, healing for the defendant, and healing for the community. However, healing can only be accomplished with willing participants. In our Judicial District, the Dispute Settlement Center in Carrboro has utilized restorative justice in juvenile cases, and cases within the Misdemeanor Diversion Program and the Orange County Pre-Arrest Diversion Program. I support restorative justice practices that fit the participants involved. For instance, in some cases, mediation is very effective with each party sitting down and discussing the impact of the defendant’s actions. In other cases, face-to-face interactions are not beneficial for the participants, particularly the victim of the activity. In those instances, a letter of apology or explanation of impact may work well. However, there are certainly cases where restorative justice may not work. For example, where the victim is a survivor of sexual assault. My advocacy work has taught me that every survivor’s recovery is different, and discussing the impact of the assault with the assailant may only harm the survivor. Restorative justice circles can be very beneficial for youth whether inside or outside the courthouse. The opportunity to understand at an early age the negative impact of one’s actions, in particular to the community in which the youth resides can be life-changing. Our District has discussed expanding restorative justice practices to post-arrest cases. I believe there is space within our criminal justice system to apply these practices in our courtroom and I support those efforts as our criminal justice stakeholders move us forward.
8) In general, how do you believe low-level drug cases should be handled?
When working with low-level drug cases, the first step for me is to determine the underlying issue. Specifically, are we dealing with an issue of mental health or substance use? If the answer is “yes” to either or both of these questions, I believe we must steer the case and the individual to treatment. Orange County defendants benefit from both Community Resource Court and Drug Treatment Court. Community Resource Court assists criminal defendants with mental health diagnoses. Participants in Community Resource Court are provided therapeutic resources and must comply with recommended mental health or substance use treatment. Graduation from the court can result in a dismissal of the underlying charges. Our Drug Treatment Court in Orange County is called Recovery Court and is a diversionary court for high risk/high needs defendants with substance use disorders. These individuals, who are facing a minimum of 120 days of active incarceration, may get their underlying charge dismissed if they comply with recommended treatment and conditions of the court over the course of at least one year. Recovery Court is run through the Orange County Criminal Justice Resource Department. A few years ago, I represented a client in Recovery Court who suffered from a substance use disorder for more than twenty years. She was in Recovery Court for what seemed like her eighth or ninth time. Her underlying charge was minimal, but she faced years of prison time if she was kicked out of Recovery Court and charged with a probation violation. The Judge believed in her that day, and she was able to turn her life around through the belief and empowerment of treatment and others. My experience with my client led me to research the prevalence of Drug Treatment Courts in North Carolina. What I found was astonishing. In 2011, the State stopped funding Drug Treatment Courts and local communities were forced to turn to their counties and municipalities for funding. I wrote a commentary about my experience: https://chapelboro.com/town-square/commentary-courageous-investment-recovery. In 2018, when my commentary was published, there were twenty-two counties in North Carolina with Drug Treatment Courts. Today, there are twenty-three. Chief Justice Cheri Beasley has done a magnificent job advocating on behalf of the importance and creation of Drug Treatment Courts throughout the entirety of North Carolina. They are necessary. If neither Community Resource Court nor Recovery Court are suitable for a defendant and the defendant is a first-time offender, they may be eligible for a statutory Conditional Discharge or a more informal diversionary agreement with the State whereby if certain conditions are satisfied, the case is dismissed. The problem with even securing a conditional dismissal for a client is that the charge will remain on the defendant’s record, even after dismissal, until and unless an expunction is secured. Preventing someone from being charged with a low-level drug offense at the outset is even more powerful than a dismissal. Orange County has created such a program. On February 4, 2019, the Criminal Justice Resource Department, with the support of law enforcement and District Attorney Jim Woodall, began operation of the Orange County Pre-Arrest Diversion Program. This Program provides law enforcement officers the discretion to divert eligible first offenders away from the criminal justice system. Participants must fall within the required eligibility, including being at least eighteen years old. There are more than ten criminal offenses that may fall within this Program, including Simple Possession of a Controlled Substance and Possession of Drug Paraphernalia. If a Program participant completes all programming requirements within ninety days, and remains arrest-free, they will never be charged and no public record is ever created. Treating the underlying issue should always be the first step in a low-level drug case. Whether the treatment is provided prior to a charge, or subsequent and is a condition for ultimate dismissal, providing a compassionate and intentional route for recovery can have a far reaching and lasting impact for the individual and our community.
9) Some district courts are implementing misdemeanor diversion programs for young and/or first-time offenders. Do you believe programs like these are effective?
Misdemeanor diversion programs are very effective. The Criminal Justice Resource Department of Orange County began operation of a Misdemeanor Diversion Program on April 15, 2016. The Program was very impactful. It was a pre-charge diversion program for sixteen and seventeen year olds charged with a misdemeanor who were also first offenders. If the participants completed the required programming, attended court, and had no further issues with the criminal system, the underlying charge(s) would never be filed. Over the past few years, I’ve had parents come to my office exacerbated with their child and worried that their actions, if continued, would take them face-to-face with the criminal justice system, or worse. I was asked if I could intervene and help them understand their potential path. My response was to take them to a court session of the Misdemeanor Diversion Program. Every time I left there with a student, they were immediately impacted as their perspective completely changed. While the Misdemeanor Diversion Program was extremely useful, it is no longer necessary. North Carolina enacted Raise the Age legislation on December 1, 2019. Under this new legislation, 16 and 17 year olds charged with low-level felonies and misdemeanors will no longer be tried as adults, but rather as juveniles. Raise the Age will have a tide-shifting positive impact for our youth throughout Orange and Chatham Counties and the entirety of North Carolina. While Raise the Age will provide much needed relief for our youth, there are still gaps in service and assistance that will be needed. It is critical that we ensure that youth in the juvenile justice system are provided effective and therapeutic interventions in order to stem the school to prison pipeline. Positions such as the Criminal Justice Resource Department’s Youth Mental Health Liaison and programs like Teen Court and Pre-Arrest Diversion discussed above can help fill these gaps. As a Teen Court Judge, I’ve seen first-hand the positive impact such an experience can provide. For children and first-time offenders, sitting in the courtroom and discussing your mistake in a public manner can be life-changing. I always stress to the youth before me that you will have the opportunity to make mistakes leading to the courtroom every day for the rest of your life, the opportunities don’t stop when you become an adult. However, you can ensure you will learn from this mistake by seeing the mistakes of others and learning what you can do the next time you are in that situation, and even how not to put yourself in that situation from the start. Empowering youth and first-time offenders is so important to me. I want them to understand they, like me, are a part of a community that wants to build one another up and always strive fora stronger, caring, and more equitable community. I believe our Misdemeanor Diversion Program was effective for the same reasons. Ensuring youth and first-time offenders they are not alone, that they’ll have the opportunity to ensure this mistake will not define their life, and treating them with the dignity and respect they deserve can change their lives and those around them. I will always continue to fight for our youth and children.
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.
My wife Kate is a teacher at Carolina Friends School in Durham. Beginning in 2012, Kate, along with filmmaker and activist, André Robert Lee, organized a Civil Rights Trip through the South. Since 2013, I’ve been a chaperone and educator on this trip, alongside Kate and André. Over the course of five days, we guide a group of middle-schoolers from Carolina Friends to Birmingham, Selma, Montgomery, Atlanta, Greensboro, and Durham. We visit the places and spaces that the students see in their textbooks; we sit on the steps of the 16th Street Baptist Church, walk on the Edmund Pettus Bridge, and stand in Woolworth’s. We discuss the movement from various perspectives and focus on leaders who do not feature prominently in history books; Fannie Lou Hamer being the figure I honor annually. My favorite part of the trip is to observe the impact each student and chaperone experiences. Empowering these students to be the change they wish to see in the world is special. The Civil Rights Trip is part of my own continued growth as well. To be the best partner, father and attorney I can be, it is important for me to recognize my own privileges. Less than a decade ago, I began the journey of understanding and reckoning with my own privileges. While on this journey I’ve intentionally worked to determine what privileges I benefit from and attempted to use them for the betterment of individuals who do not benefit from those same privileges. As a white, heterosexual, Christian, cisgender male, I’ve identified a number of privileges provided to me. The reason such identification is so important is to ensure I do my best to see the biases I carry with me and ensure such biases and privileges do not cloud my day-to-day decision-making and work. As an attorney, before I make sure the courts, other attorneys, and the legal system do not discriminate against my clients, I must first make sure I do not discriminate against my clients. In 2016, I attended a Racial Equity Institute Phase I Workshop that offered a deep dive into the structural and institutional racism that has pervaded our systems in the United States. As discussed above, the policy I implemented as President of the 15B Judicial District Bar to fund training of all judges, members of the executive committee team and members of the Racial Justice Taskforce in our District was born out of own my experiences with REI and my belief that we must address our own biases and privileges as we strive for the most just judicial system possible. Studying bias and privilege requires intentional day-to-day work, in particular when you are one who benefits from certain privileges. This intentional work is never over. I benefit from a partner and community of friends that pushes and challenges me to sharpen my craft each day to be abetter person and community member. We can always do better.
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