NC District Court 10 C, Seat 3: Anna Worley

Name as it appears on the ballot: Anna Elena Worley

Age: 52

Party affiliation: Democrat

Campaign website: JudgeWorley.com

Occupation & employer: District Court Judge, State of North Carolina

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?

During the last 15 years as a District Court Judge, I have worked to fairly and equitably apply the laws of North Carolina.  I listen carefully to the facts presented in court.  My 27-year career as a lawyer has been focused on families. I am a Family Law Specialist certified by the North Carolina State Bar Board of Specialization and a DRC-Certified Family Financial Mediator.  As a Specialist, I provide an exceptional degree of experience and expertise to the Wake County Family Court, where I sit three out of every four weeks hearing cases involving custody, child support, spousal support, division of property, and divorce. I have great empathy to families and children experiencing conflict and change. 

During the fourth week of my rotation, I often sit in Domestic Violence Court.  In order to more effectively adjudicate the complexities of cases involving domestic violence, in 2011, 2012 and 2015 I chose to attend intensive national classes on special issues in domestic violence. We undertook exercises to increase awareness of victim and perpetrator behavior, judges’ roles in the community response to domestic violence, cultural issues in domestic violence, and enforcement of civil and criminal domestic violence orders.  

As far as those times I sit in misdemeanor criminal court are concerned, I believe my background in family law gives me extra sensitivity to the impact of sentences on defendants and their loved ones, increasing the fairness of my decisions.  I understand that money that I could order be used for a fine might be better applied to supporting a child; or, that arranging affordable daycare so that required community service can be completed may be a serious difficulty.

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

Prior to my election to the Bench in 2008, I was an active and involved Democrat, having served as a Democratic Party officer in both Wake County (Party Secretary 2005-2008) and Guilford County (Rural Vice Chair 2001-2003 and Secretary 2003) and as Vice-Chair of the N.C. Hispanic Democrats. Even as a judge, I support the ideals of the Democratic Party, including an independent judiciary, social justice and the civil rights. 

However, I truly believe that the decisions I make in District Court should not be determined by my personal beliefs, but only by application of the law to the facts of each case. When the choices of a litigant seem different from what one might have chosen for oneself, a judge must remember that the Bill of Rights protects all manner of philosophies, speech, religious observances, and lifestyles. Our courts are not only responsible to the people, but responsible for providing a fair and balanced playing field to the people who are at highest risk.

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

In addition to being knowledgeable, a judge must be willing to learn, and to consider issues from new perspectives. A judge must be curious and continue to study not only the laws, but the scientific and sociological information that comes up in their cases.  Judges must be patient and fair.  In family court, the parties both represent themselves in approximately half of the cases filed.  As the judges hearing these cases, providing a less intimidating environment, so that litigants can present their facts without getting overwhelmed by courtroom traditions or rules; is important. Finally, judges must be good problem solvers. When presented with issues, judges must be able to find resources for litigants. If a mother needs parenting skills or a father needs a way to communicate with his child; if a couple needs to value an asset or define the scope of a debt; a judge may be called upon to structure a plan, and one size does not fit all.

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

I am dedicated to the fair application of justice and focused on families.

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?

Judges must recognize institutional and personal biases and work to set those aside.  As a judge it is my responsibility to apply the law fairly to all who come before me.

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?

The bail system does need to be reformed. While much of the work on the cash bail system must take place though the legislature, there are things that we do as judges that can reduce the harm of our current system.  When considering pre-trial release, I make a careful analysis of a criminal defendant’s likelihood to appear for future hearings and whether they pose a danger to the community if released.  If a defendant has substantial family or employment ties, or has a prior pattern of appearing for hearings, release on a promise to appear is often appropriate.  In cases where there is a question of the defendant returning but not of danger to the community, I contemplate restrictions such as remote monitoring or house arrest.  However, the expense of those alternatives also falls on the defendant.  So, again, consideration of the financial means of a defendant should be meaningful.  Fifty dollars is a big change to the monthly budget of someone living paycheck to paycheck.  If a bond is necessary, it should be in keeping with the alleged offense and the defendant’s means.

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 of cases do you think should be eligible? 

There are cases where victims and perpetrators addressing one another outside of court can do more to restore balance than any sentence imposed by a court.  At the District Court level there is particular room for healing in cases involving property damage.  While not appropriate in all misdemeanor assault cases, in cases where two (or more) parties were arrested for their acts against one another; or in cases that result from on-line bullying; misunderstandings that give rise to the crimes can be resolved through restorative justice practices and reduce the likelihood of repeat offenses.

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

I do not support mandatory minimum sentences. I believe that at the District Court level, where we hear misdemeanors and smaller offenses, sentences should have maximums but that lesser sentences should be left in the discretion of the judges chosen by the citizenry. Sentences should protect the public and be the most reformative of behavior that they can be. Keep the burden on the State to prove guilt and to explain why a restrictive sentence is justified, rather than on a defendant to argue for a lesser punishment.

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

Employing diversion programs for young or first-time offenders should be a regular course of business for misdemeanors and issues that cannot be handled at the school disciplinary level.  I feel that programs like Wake County’s Teen Court program not only form a disciplinary alternative, but also allow the youth involved a sense of self-determination, without ignoring the ramifications of future infractions.  Similarly, first time and minor drug offenders should be eligible for treatment courts with an end goal of keeping a clean record.  Mental health issues need to be recognized and treated as health issues, forestalling more serious legal issues.  I have participated in multiple expungement clinics over the years, but preventing a record that needs to be expunged through use of diversion programs, is preferable.

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 am told that I am the second Hispanic judge elected in the State of North Carolina, after Judge Albert Diaz. I was adopted as a young child into a family of educators. Although it is not my first language, as a Spanish-speaker, I make our courts more accessible to first generation families who are faced with new laws and complex legal processes.  I have been honored to serve Wake County for the past 15 years and look forward to continuing my service.

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