Full Legal Name: Charles Phillips Gilliam

Name as it Appears on the Ballot: Charles Gilliam

Seat/ District: Gilliam seat / District 10

Partisan Affiliation: Nonpartisan

Date of Birth: 1950

Home Address: Raleigh

Mailing Address (if different from home): P.O. Box 6084, Raleigh, N.C. 27628

Campaign Web Site: www.CharlesPGilliam.com

Occupation & Employer: District Court Judge; State of North Carolina

Bachelor’s Degree Year & Institution: 1972 University of North Carolina at Chapel Hill

JD Year & School: 1982 summa cum laude Michigan State University

Other Degrees: MBA

Years lived in North Carolina: 35

Home Phone: 919-803-0620

Work Phone: No personal calls to the Courthouse please

Email: [email protected]

1.What do you believe are the most important issues facing the District Court? What are your top priorities or issues of concern for the coming term?

Wake County is a desirable place to live and many people are moving into our area. We have a growing case load in District Court. We will continue to need additional human resources to deal with all the needs presented.

Many people pass through District Court. They often appear more than once on the same matter. This is frequently because they or their attorney want to postpone the case for various reasons and these can be valid reasons. The result is a “revolving door” effect that exacerbates the problem associated with the volume of unique cases. We need to implement inventive ways to reduce the number of trips a person makes to court, especially for minor matters.

Sometimes people decide to proceed without using an attorney. For minor matters this may well be an economically rational decision. However, people can make this decision improvidently. When people chose to proceed without an attorney, the judges and District Attorney’s Office need to be alert to ensure they are treated appropriately. Even for minor matters, the court system can be confusing. We ought to work on ways to make people knowledgeable concerning their matter in the court system so they can make informed decisions about their case and be free from surprises.

Because of the overall case load, defendants wanting to exercise their right to a trial often cannot be accommodated as promptly as we should expect as citizens. It could be beneficial to triage some cases into courtrooms for trials, while others go into courtrooms for non-trial dispositions. We do this now for DUI cases.

2.What qualifies you to serve?

Prior to becoming a District Court Judge the only government employment I ever held was as a teacher. I have been in the private sector. District Court, more than any other court, touches the real lives of real people. I believe it is beneficial for a judge to understand the real world in which we live.

I graduated from law school summa cum laude and have diverse experience both in law and life. I am independent of the lawyers who appear before the court.

3.How do you define yourself politically and how does your political philosophy show itself in your past achievements and present campaign platform?

Conservative.

4. FOR INCUMBENT: What have been your most important decisions in your current capacity? What has been the most challenging decision for you to make and why? FOR CHALLENGERS: What decisions has the incumbent made that you most disagree with? How would your decision have differed?

As the incumbent District Court Judge I believe the most important decision I made was not to start out with a preconceived agenda. I came to the bench prepared to listen to others.

I feel it is best to decline opportunities to make negative remarks about other candidates running for judge, whether incumbent or challenger. After the election we all have to work together in the interests of justice. Aspersions discredits the speaker, the judicial system and the people we serve. At least when it comes to the judicial branch, an election that has to be won in such a way is an election not worth winning. Candidates for judge should not place personal gain (here, the winning of an election) above the good of the judicial system.

5.Identify and explain one principled stand you would be willing to take if elected that you suspect might cost you some popularity points with voters.

In District Court the factors of each case have to be considered thoroughly and fairly. I believe it would be inappropriate for a judge in District Court to take a stand to make certain decisions in a particular or rigid way without looking at each individual situation. Judges, like all of us, need a moral compass and principles, but one principle should be that the judge is open to consider individual circumstances that can guide to a fair and appropriate result, even if it involves an exception to custom, within the boundary of the law and the Constitution.

6.As a District Judge, how would you develop a trusting relationship with Wake County’s large immigrant community?

We must treat all residents equally fairly regardless of whether they were born in North Carolina. On a personal level I have reached out to diverse constituencies throughout the county and I am committed to listening to and understanding their concerns.

7.Do you support the repeal of the Racial Justice Act or believe that it should be reinstated? Explain.

During the life of this Act nearly everyone eligible took advantage of it and filed an appeal. These many cases are now wending through the court system. It would not be appropriate for any judge to comment on this. That would be unfair to the litigants.

8.Drug cases make up an increasingly large percentage of the caseload in the US. What are the main factors you would consider in hearing a non-violent, low-level drug case?

The state legislature has established programs for non-criminal dispositions of low level drug cases and I liberally approve entry into those programs. It is important to the well-being of our community to divert people from drugs whatever it takes and that can depend on individual circumstances. It is best to focus enforcement efforts on those who lead others astray, especially those who lead young people astray for financial gain.

9.What are the main factors you would consider in preliminary hearings for a domestic violence or rape case? Does the burden of proof lie more on the accuser or the accused?

In a criminal case the burden of proof is on the government and it needs to remain there.

10. North Carolina prosecutes 16-year-olds as adults. (Thirteen-year-old juveniles who are charged with felonies can also be prosecuted as adults, if transferred from juvenile court.) Do you support raising the juvenile jurisdiction to 18? Please explain why or why not.

With young offenders what we want to happen is save them, not just punish them. This benefits us all as a community. It is too restrictive to think of this problem, or its solution, as merely involving a cut-off age. In District Court every day we have people working hard to help younger people without discrimination as to being in their teens or twenties. Further, there are programs for first offenders of any age. All people, regardless of age, should be considered for programs that can help them turn away from problems and have productive happy lives. The fact that one is considered an adult should not preclude efforts to help them turn their lives around. My suggestion is that thinking about this topic as an age cut off is too simplistic and ultimately counterproductive. The approach ought to be holistic.

11.What do you feel was the U.S. Supreme Court’s most important recent decision? Did you agree with the majority?

Justice Souter’s decision in Georgia v. Randolph, 547 U.S. 103 (2006) clarified the constraints on searches and it makes sense.

12. Have you ever pled guilty or no contest to any criminal charge other than a minor traffic offense? If yes, please explain.

No.

13. What improvements could be made in the Wake County judicial system to expedite the trying of cases and ease caseloads?

This is covered in other answers.

14. Is there anything else you’d like to add about yourself or the issues that are close to your heart?

Sometimes people are held in jail for too long because they cannot make bail. There are processes to prevent this from happening. Nonetheless, I encounter instances of system failures. We need to be diligent to ensure this does not happen.