NC District Court Judge, District 10 E, Seat 3: Eric Chasse

Name as it appears on the ballot:  Eric Craig Chasse

Age:  55

Party affiliation:  Democratic

Campaign website:  www.judgechasse.com

Occupation & employer:  Wake County 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?

For the last 17 years, in presiding over tens of thousands of cases, I have proven on a daily basis to be an effective, fair and impartial jurist. There is simply no substitute for experience. Over my tenure on the bench, I have served in most every rotation in the courthouse(s), allowing me to hone the essential skills to be an effective District Court judge in multiple venues hearing all types of cases. My peers deemed me to be qualified to serve based on the legal acumen and integrity I displayed in 14 years of a general, varied, private practice of law, nominating me for judicial vacancies not just once but several times; the voters of Wake County agreed in four subsequent elections.  Not only have I maintained and developed the judicial temperament and professionalism required of an effective judge, the institutional knowledge I have gained over the last 17 years allows me to preside over complex dockets efficiently, to the betterment of all who appear before me.

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

I am proud to be a lifelong Democrat; 2024 will be my tenth presidential election cycle as a voter, and I have consistently supported progressive candidates up and down the ballot.  As a District Court judge, however, my political leanings have nothing to do with my approach to a given case.  

“I do solemnly swear that I will administer justice without favoritism to anyone or to the State . . . and that I will faithfully and impartially discharge all the duties of District Court Judge.” Having taken this oath of office five times, I am particularly familiar with not only the words, but also the import and sentiment behind them: a District Court Judge is duty-bound, by word and deed, to equitably apply the facts of a given case to the law as written by the legislature and interpreted by the appellate division, without agenda or bias.

That said, within the mandated statutory and constitutional construct there is room for a progressive application of law, beginning with the recognition that not all participants in the justice system are alike, or even similar. Whether working with teenagers in juvenile court fashioning dispositional orders specifically-tailored to the needs of the individual; presiding in Wake County Recovery Court, a drug treatment court for adults struggling with substance use who are enmeshed in the criminal justice system, so as to address the causes of aberrant behavior rather than focus on punishment; or ruling on half of the hundreds of expungement petitions filed in Wake County every month, recognizing that not every mistake need define an individual throughout their lifetime, I have been able to both follow and advance the law while remaining true to my core values.

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

To be effective, a judge must possess the requisite legal knowledge to preside over whatever cases might be called, and the willingness to work to stay abreast of the newest statutes and appellate decisions in real time; it is perhaps no accident that Continuing Judicial Education requirements average fifteen hours a year, while Continuing Legal Education for lawyers is only twelve.  The industriousness to remain current on the law promotes confidence in the tribunal for the participants in the courtroom, litigants, witnesses, and attorneys alike. Such confidence is bolstered by a judge with the proper temperament on the bench. The effective judge is calm and patient, and treats everyone in the courtroom with respect; in turn, such an attitude conveys to the rest of the court personnel and the public at large. Finally, a judge must act with compassion and empathy, recognizing that every case before the court is of the utmost importance to the parties involved.

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

My role as a judge is to treat all who come before me with dignity and respect, and to impartially apply the facts of a given case to the law to render a just and equitable decision, protecting the legal rights of all parties, witnesses and victims.

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?

Racial inequities persist in not only the justice system, but in every facet of daily life in contemporary society, and a judge must be cognizant of this fact both in and out of court. As a leader in the community, it is my responsibility to not only call out examples of racism when they rear their ugly heads, but also to support organizations that strive to promote equality among all peoples. On the bench, regardless of one’s upbringing and individual moral compass, issues of implicit bias remain; recognizing such tendencies can exist allows the effective judge to confront and address them, and to seek out the tools and training necessary to ultimately overcome them.

As regards issues related to incarceration, felony sentencing in North Carolina for the most serious offenses takes place at the Superior Court level; some counties, however, allow their District Court judges to resolve low level (Class H and I) felony charges, and thus to have some role in determining the ebb and flow in North Carolina’s prison system. Wake County is one such county; I regularly preside over such hearings, and have had occasion to adjudicate many admitted felons to various types of sentences, both probationary and active.

An active prison sentence should be a last resort for a sentencing judge in any criminal case, given the injurious impact even a short period of incarceration can have on a given individual. The vast majority of criminal offenders adjudicated at the District Court level would benefit from various forms of intermediate punishment, including any therapeutic and rehabilitative resources the state can provide, so as to reduce recidivism and lessen the strain on North Carolina’s prison system. Similarly, in misdemeanor sentencing an active jail term should be considered only when other alternatives are determined to be inadequate to address the needs of society and the offender.

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?

Cash bonds are, in my experience, seldom if ever used in Wake County; secured bonds, through which an accused can utilize the services of a bondsman or use property to secure his or her release from custody, are more the norm. Regardless of the terminology, however, I believe our protocols for determining conditions of pretrial release would benefit from a critical review, insofar as the potential exists for discrimination against the most vulnerable members of society. A $1,000 secured bond is tantamount to no bond to many criminal defendants, while for others it is but a minor inconvenience.

In setting such conditions of release, per statute a judge must consider several factors, including any potential danger of injury to any person or to the public, and whether the parameters set will reasonably assure the appearance of the defendant as required, among others. The law further specifically provides that unless the judicial official has concerns regarding the statutory factors listed above, he or she must impose conditions of release that would allow the accused to be released from pretrial confinement without cost to the defendant. Unfortunately, over the years the culture in many jurisdictions has been to reduce the analysis to applying the level of the offense charged to the recommended bond ranges promulgated by either the Chief Resident Superior Court Judge or other such entity, and imposing a commensurate secured bond, without consideration of other statutory, and presumably preferred, options.

Wake County has recently implemented safeguards to assure greater statutory compliance, including Criminal Justice Alternatives providing assessment reports for most individuals’ first appearances, as well as having a Public Defender present so as to directly advocate for the defendants in the setting of release conditions. As one of very few judges who presides often in first appearances, the input from these sources is invaluable; more information is always better than less when weighing decisions that directly impact one’s liberty. District Court Judges are bound by the law as it relates to pretrial release, but resisting a culture borne of years of inertia in favor of a sensible, and statutorily appropriate, use of non-monetary release conditions can serve to minimize the harms inherent to an antiquated system.

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? 

One of my favorite parts of presiding in Juvenile Delinquency court for several years was the knowledge that each case before me had been vetted utilizing “an effective system of intake services for the screening and evaluation of complaints and, in appropriate cases, where court intervention is not necessary to ensure public safety, to refer juveniles to community-based resources.” (NCGS 7B-1500) Further, before conducting a dispositional hearing, I would receive detailed reports, including input from victims, family members and teachers, and in some cases even psychological profiles, all so as to tailor an individualized outcome that would best meet the specific needs of the respondent, while also protecting the public and reducing recidivism. 

Would that we had the same mandates and capabilities in criminal court as well. Restorative justice practices in criminal matters, both before sentencing and even prior to the institution of the charges themselves, would provide an individualized and multi-faceted approach to what has historically been a perfunctory analysis; I and every judge should welcome any effort to achieve the most equitable result possible.  

Ideally, were either the prosecution or the defense, or the Court, to request a pre-sentence report in any case where the parties could not agree on an appropriate punishment, and multiple options are available to the presiding judge, such a summary could be produced quickly and efficiently. Unfortunately, at present logistics and financial concerns preclude the production of such reports, so as the sentencing judge I endeavor to collect all the information necessary to make the most informed decision.  

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

Under Structured Sentencing there are very few crimes that, if proven, carry a mandatory minimum sentence. At the District Court level, aside from Class H Level VI judgments, which require an active sentence, albeit one within the discretion of the judge, only certain Driving While Impaired cases compel a minimum number of days of incarceration.

Having presided in every criminal courtroom in Wake County, other than the above examples it is hard for me to imagine any criminal matter heard in District Court warranting a mandatory minimum sentence. One hallmark of an effective judge is the prudent exercise of judicial discretion, including in sentencing decisions; every criminal matter before the court carries a multitude of factors to consider, and mandatory minimum sentences diminish the exercise of such discretion in potentially prejudicial ways. Judges should be allowed to do the job they were elected to do, without being hampered by unnecessary and limiting sentencing statutes.

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

In Wake County we not only utilize deferral programs in District Court regularly in most every criminal courtroom, including some felony matters, misdemeanor drug offenses and domestic violence cases, in recent years we have expanded on diversion opportunities using Conditional Discharge agreements, whereby upon a guilty plea a given defendant can earn a dismissal of charges by successfully completing a probationary term with conditions approved by the judge. Such deferral programs are invaluable tools in the efficient administration of justice, allowing courts to address the causes of criminal behavior through treatment and education, as well as providing any victims with a means by which to receive restitution for their losses, all without damaging the offender’s permanent record. Allowing youthful and first-time defendants such an opportunity is always worthwhile; for many, diversion programs are their one and only encounter with the justice system, providing sufficient deterrence to foreclose future criminal behavior and instilling an appreciation for a just, empathetic process that focuses on results rather than punishment.

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 Dawn and I moved to Wake County almost thirty years ago; this is where we lived when we first married, where we raised our children, and where we plan to reside permanently.  This is home, and I am proud to serve the community in which we live.

As the boys grew up, Dawn and I threw ourselves into all their scholastic and extracurricular pursuits, volunteering at their schools and on ballfields and courts all over Wake County. I have been fortunate enough to coach my sons in youth sports in Fuquay-Varina, Garner, West Raleigh, Holly Springs and Cary; the boys played soccer and basketball at various times, but their, and my, favorite has always been baseball.

Ours is a baseball household, from the flags flying on the porch to the décor throughout most every room (the batting cage in the backyard only recently came down).  There is no astroturf in the front yard yet, but hope springs eternal. Dawn is a saint; like many baseball moms she has spent decades now spending weekends and vacations someplace on a dusty field, but whereas most kids eventually grow out of their childhood endeavors, hers continue to play on and on. The Chasse baseball odyssey continues.

I will accept the blame for the continuation of our family obsession. I began playing as a child, and with some short respites, have not stopped; our 50+ team won the league championship last season. Our boys come by their love of the sport honestly, and perhaps genetically, but whereas I could provide them with the passion for the intricacies of the game from an early age, their advanced skill sets are solely their own, the product of years of hard work and dedication. As Cooper begins his sophomore season in college and Ryan his third professional campaign, their mother and I could not be more proud.

To succeed in a pursuit such as baseball over time, one must embrace the grind of long seasons, the constant pursuit of improvement, and the willingness to devote the energy and effort necessary to compete at the highest levels. Being an effective judge, in my estimation, requires a similar mindset. I am fortunate to have had the opportunity to serve for nearly 17 years. Every day I take the bench I bring not only the experience that can be earned solely by presiding over tens of thousands of cases, but also the perspective borne of a three decade legal career spent painstakingly perfecting the skills to be an efficient and knowledgeable jurist. Yet rather than growing stale, despite the grind that sometimes is District Court, nearly every day I learn something new. I am invigorated by the prospects before us, and the opportunities the future will bring to improve an institution that can have such an impact on so many lives.

The law, like baseball, requires an uncommon devotion; the lessons learned in a lifetime on the ballfield convey directly to a career on the bench. Hard work and a passion for one’s vocation, or avocation, are a powerful combination. I look forward to serving on the bench in court, and off the bench on a diamond, for many years to come.

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