Name as it appears on the ballot: Tim Gunther  

Age: 61

Party affiliation: Democrat

Campaign website: Gunther4Judge.com

Occupation & employer: Attorney/Self

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 have been a practicing lawyer in Wake County, at the District Court level, for over 28 years.  I started working with indigent defendants in 1994 and have substantial hands on experience representing people from all walks of life with their legal issues.  During the course of my career I have practiced in all areas of District Court, including criminal, general civil, corporate contracts and construction law, child support issues, traffic matters, family law and juvenile law.  I have tried hundreds of trials before District Court Judges.  This is hands on experience.

2. How do you define yourself politically? How does that impact your judicial approach?

I consider myself a progressive Democrat.  I believe in equality, justice and fairness for everyone regardless of age, race, gender, orientation, country of origin, religious beliefs or social class.  This impacts my judicial approach on a personal level, in that I believe everyone is entitled to respect in the courtroom, and I will listen and hear everyone who appears before me, and adhere to the law in a fair and impartial manner.

3. What do you believe are the three most important qualities a judge must have to be an effective jurist?

Experience in the courtroom.  Knowledge of the law, including precedent and procedure.  Appropriate demeanor, including patience and empathy.

4. In a sentence, how would you define your judicial philosophy?

Everyone is valuable to someone.

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?

I see this on a daily basis.  As a criminal defense lawyer that works with indigent defendants I see a disproportionate number of African American or minority defendants.  I honestly do not know what a District Court Judge can do to remedy this, but I believe understanding that there is an issue is a valuable first step.

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?

Yes I do.  I believe a cash bail should be an option only after other available arrangements are considered.  Factors such as the defendant’s prior history, home stability, flight risk, should be considered as well as the nature of the criminal offense.  Additionally, cash bond and stacking charges make the plea option more attractive to a defendant, who may plea guilty to an offense for the express purpose of being released from incarceration.  As always, the burden of showing when a cash bond is necessary and appropriate falls on the State.

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?

I do.  I would rather see mediation and possibly restitution that would make a victim whole and keep and defendant from have a criminal record.  I especially favor this in juvenile matters or first offender matters.

8. Do you support mandatory minimum sentences for certain, such as low-level drug offenses? Why or why not?

No I do not.  I think each matter should stand on its own merits and circumstances.  Each defendant has their own story to tell and I believe the judge should have the discretion to model a sentence as he or she sees fit.

9. Some district courts are implementing misdemeanor diversion programs for young and/or first-time offenders. Do you believe programs like these are effective?

Absolutely.  I use this on almost a daily basis to keep first time offenders from having a record.  In some cases it’s a matter of doing community service, and doing the service may have the defendant reflect on their actions, and possibly give them a sense of accomplishment.  With some drug offenders I favor a diversion that would require drug treatment in an effort to fix the problem, rather than punish the offender.  I am particularly in favor of starting a Veteran’s Court in Wake County that would assist those who served our country with some serious mental health issues, such as PTSD, anxiety, depression and substance abuse.

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.

When I was eighteen years old I enlisted in the Navy and served my country for four years.  I was able to go to Cornell University  on the GI Bill.  Some of my experiences in the military have given me a unique perspective which have served me well in the legal profession.  I understand what a chain of command is, how it defines order to organizations, and I have been able to work with and live with people from all over the country and observe, if not experience, different cultures.  I am a parent of two daughters that I love and are special in their own way and like every parent I wish them the best for their future.

Comment on this questionnaire at [email protected]. 

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