Name as it appears on the ballot: Kevin Boxberger

Age: 40

Party affiliation: Democrat 

Campaign website: www.boxbergerforjudge.com

Occupation & employer: District Court Judge, District 10 (Wake County) 

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 public servant for my entire adult life. I joined the United States Air Force at the age of 18. While in the military, I won several awards such as the Distinguished Graduate and Leadership Award from Airman Leadership School. After serving our great country for approximately six years, including one tour in Iraq, I became a firefighter for the City of Raleigh. Following my tenure as a firefighter, I graduated from law school with honors and began practicing criminal defense and juvenile law. Although I was in private practice for most of my career as a legal practitioner, I still gave back to the community by joining court appointed rosters in criminal and juvenile court. Similar to career in the Air Force, I received numerous accolades such as SuperLawyer, Rising Star, and Business North Carolina Legal Elite. In 2022, I joined North Carolina Indigent Defense Services as a Regional Defender wherein I oversaw the court appointed system across seven counties in North Carolina. Lastly, in May 2024, Governor Cooper appointed me to the District Court bench. As a judge, I have presided over hundreds of criminal and civil cases ensuring equality, equity, and fairness. 

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

Although the current law requires a judge’s political affiliation to be listed on the ballot, judges should be nonpartisan. We are to apply the facts to the applicable law. Moreover, Article I, Section 18 of the North Carolina Constitution states that “right and justice shall be administered without favor, denial or delay.”

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

There are many qualities a jurist must possess to be effective. Three that come to mind are intellect, empathy, and patience.

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

My judicial philosophy is to administer the law without favor, denial or delay.

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? 

In 2020, Governor Cooper created the “Task Force for Racial Equity in Criminal Justice.” In its original report, it identified racial inequities and made over one hundred recommendations to various stakeholders, including the judicial branch, for addressing them. Several of the recommendations have been implemented while others are still in progress. Continuing to discuss and strive for an equal and equitable legal system is important for the integrity of our courts. 

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 bail (i.e., the payment of monies to get out of jail pending trial) has been a topic of much discussion due to the potential for disparate treatment, specifically between affluent and lower income individuals. At the outset, in North Carolina, there are three purposes of bond: assure the appearance of the individual in court; public safety; and prevent the destruction of evidence, subornation of perjury, or intimidation of potential witnesses.  

In determining the release conditions, the judicial official shall consider the factors set forth in G.S. 15A-534(c): the nature and circumstances of the offense charged; the weight of the evidence against the defendant; the defendant’s family ties, employment, financial resources, character, and mental condition; whether the defendant is intoxicated to such a degree that he would be endangered by being released without supervision; the length of his residence in the community; his record of convictions; his history of flight to avoid prosecution or failure to appear at court proceedings; and any other evidence relevant to the issue of pretrial release.”

If a cash bond is necessary, it should be equitable. It should be tailored to that specific individual as not everyone has the same financial means. For example, if two people are arrested for the same crime and have the same criminal record, it may be inequitable to set the same cash bond when one person is affluent and the other has limited financial resources. In that case, the affluent individual will be out of jail in a few hours and resume his or her life while the other may be in-custody for several months and lose his or her job and housing. Even if both of these cases ended in dismissal, the person kept in jail for several months is worse off than the affluent person because s/he is released with no job or place to sleep. These circumstances could then lead to recidivism or other issues that negatively impact the person and/or society. 

To be clear, all of the factors in G.S. 15A-534(c) must be considered. Furthermore, assuring public safety and the individual’s appearance in court are of upmost importance. However, if a cash bond is necessary, it is also important to ensure that it is equitable. 

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? 

Yes. I support restorative justice. I believe all parties that enter the legal system should be treated with dignity and respect. I have seen firsthand how degradation of a plaintiff or defendant in a public setting such as a courtroom can have negative effects. Furthermore, incarceration should be a last resort. Trying to address the issue that brought the person through the front doors of the courthouse is extremely important. If that issue can be addressed, it could not only improve the quality of life for that person, but also keep the public safe by reducing the chance of that person reoffending. 

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

Like cash bail, mandatory minimums are a hot topic. Ultimately, this issue is for the legislature to address. My role as a judge is to administer the applicable law without favor, denial, or delay.

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

From my experience as a legal practitioner, regional defender, and judge, it appears that diversion programs are effective. Not only are they targeted at addressing the particular issue that led to the charge(s), it gives the individual an opportunity to earn a dismissal. It also provides a level of accountability because most of the diversion programs have a clause that if the person fails to complete the diversion then s/he will be found guilty and a judgment will be entered. So, either the individual completes the program and the charge(s) get dismissed or they will be found guilty and have a criminal record. The end result being solely dependent on the individual. 

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 was raised in Indiana by my father and stepmother. My father worked as a maintenance person and my stepmother as a housekeeper at a local hospital. My stepmother came to United States as a young girl and obtained her citizenship when I was a teenager. My mother remarried and moved to the suburbs of Chicago. She retired from law enforcement and her husband as a firefighter. My maternal grandfather served in the Army and my paternal grandfather served in the Air Force. Lastly, I am the first person in my family to earn a bachelor’s degree and the only person in my family to have a professional degree.