Name as it appears on the ballot: J. Brian Ratledge
Campaign website: www.ratledgeforjudge.com
Phone number: 919.244.0511
Email: brianratledge44@gmail.com
Years lived in the district: 3 ½ years
1. What do you believe are the three most important qualities a judge must have to be effective? Are there any particular judges, either on the state or federal level, who you believe exemplify these qualities?
Impartiality, Fairness, and Consistency—my three principles on my website and all my campaign literature.
2. What do you believe qualifies you to serve as a judge?
Temperament along with extensive legal experience, most of which has been in District Court. I also served three years on the Wake County Board of Elections.
3. In a sentence, how would you define your judicial philosophy?
Upholding the Constitution while applying the law as written.
4. How do you define yourself politically? How do your political beliefs affect your judicial approach?
Republican. All are created equal and parties will be afforded an equal opportunity to be heard while upholding the Constitution.
5. If you are challenging an incumbent, what decisions has the incumbent made that you most disagree with? If you are an incumbent, what in your record and experience do you believe merits another term?
N/A
6. On any given day, there are North Carolina residents in jail are not because they’ve been convicted of a crime but because they cannot afford their bail. How would you determine whether pretrial incarceration is appropriate? Do you support having a bail schedule with guidelines for how judges should make bail determinations? Why or why not?
Having represented hundreds of indigent defendants, that determination would be on a case-by-case basis while considering a variety of factors (Ex: nature of offense charged, prior record level, mental health of defendant, locale of defendants’ support network, issues relating to available space at county detention center, etc…are a few of several factors a judge would consider).
Generally speaking, guidelines for bail determinations can prove helpful and also promote consistency from the bench. The real challenge, of course, is that “the devil is in the details” of what those guidelines contain.
7. What changes to the cash bail system, if any, do you support? Why? If you don't support any changes, please explain why you think the current system is successful.
Generally speaking, the cash bail system should routinely be evaluated for refinements and improvements.
8. According to the Prison Policy Initiative, black people in North Carolina are incarcerated at six times the rate of white people, despite the state being majority white. What responsibility do you think judges hold in addressing racial disparities in our criminal justice system, and what would you do to address these inequities?
Judges, of course, only handle the cases that are placed before them by the State. To me, a practical step is to keep a vigilant eye on prosecutors and defense attorneys so as to ensure fairness in plea offers for similar charges and zealous advocacy, regardless of whether a defendant is black or white. Should I notice an abnormal pattern, I would take the appropriate professional steps to share my concerns with those individuals and their superiors.
9. In some cases, individuals who fail to appear in court for traffic violations are arrested and placed in jail, even if there is an arguably valid reason for the failure to appear. These arrests remain on the person’s record. Do you believe judges should ever overlook failures to appear for things like traffic violations? If so, in what circumstances? If not, why not?
Judges issue an Order for Arrest to promote respect for the Court and also because our laws indicate that a consequence for such failure is to be arrested. If true change is to be made in this arena, the Legislature is where this should ultimately be accomplished.
10. 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?
I am a big fan of encouraging true reconciliation between victims and the offenders. If done correctly, restorative justice is not only beneficial to the parties but it also reaps positive fruit in the community and helps lessen the strain on our justice system. Juveniles, along with Adult first-time offenders, facing misdemeanor property and theft crimes would be a natural starting point for initial eligibility.
11. How do you believe low-level drug cases should be handled?
Within the parameters outlined in the General Statutes.
12. In North Carolina, court fees have increased 400 percent over the past twenty years, and nonpayment may be punished with more fees, license revocation, or jail time. Do you believe the justice system in North Carolina criminalizes poverty? If not, please explain. If yes, what would you do as a judge to mitigate that?
Respectfully, I believe it is exceedingly broad and, therefore, inaccurate to state that North Carolina “criminalizes” poverty. Having represented my fair share of criminal defendants (both court-appointed and private cases), our court costs and associated fees can be staggering; however, never once have I sensed a Judge taking comfort in saddling a party with these court costs and fees—quite the contrary, in fact, as most judges’ hands are tied when it comes to this issue. Particularly since 2011, I have not been a fan of the substantial increases in court costs, including the Civil Courts where filing fees are so significant that it operates as a barrier. Having grown up in a family where neither of my parents had college degrees, I fully empathize with how the ordinary citizen feels justice can often be a step beyond their reach.
