Name as it appears on the ballot: Dawn Baxton  

Campaign website: www.dawnbaxtonforjudge.com  

Phone number: 

Email: [email protected]         

Years lived in the district: 23 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?

I believe the three most important qualities a judge must have to be effective is impartiality, compassion, and courage. The role of a judge is to ensure that every person in court has a fair and impartial hearing that is free from bias and not based on the person’s economic status, ethnicity, race, or sexual identity.

 A judge must also have compassion in order to weigh and consider the facts and circumstances that may have contributed to a person’s involvement with the justice system, and to consider the impact his/her ruling will have on all of the people involved.

Additionally, a judge must have the courage to render tough decisions without bias or political influence even if that decision is not popular in public opinion, but is appropriate and fair for the facts and circumstances of the case before him/her.    

All of these qualities were exemplified by the Honorable Elaine O’Neal, whose seat I am seeking.

2. What do you believe qualifies you to serve as a judge?

I am qualified to serve as a Superior Court Judge due to of my professional and life experiences.

I have been an Assistant Public Defender for nineteen (19) years and the majority of my career has been Superior Court practice. I have extensive trial experience handling cases that involve the most violent felonies of Robbery, Sex Offenses, Non-Capital Murder, and Capital Murder.  

 I have been an Adjunct Professor/Trial Advocacy Coach at North Carolina Central University School of Law for thirteen (13) years where I teach and train students for trial competitions.  Also, I have volunteered for ten (10) year as a faculty member at the University of North Carolina at Chapel Hill School of Government Trial School, where I assist in the teaching and training of fellow Assistant Public Defenders and Private Assigned Counsel on how to prepare their case for trial.

I served as the Democratic Representative on the Durham County Board of Elections for seven years where I worked in a bi-partisan fashion to ensure unhindered access to the electoral process. I was on the Durham County Board of Elections in 2016, where I helped defend against partisan attempts to nullify the votes of Durham County citizens.

I was raised in rural Washington County by my grandfather who had a third grade education and worked as laborer for Weyerhaeuser, and my grandmother who had an eighth grade education and worked as a seasonal farm worker and housekeeper until her retirement. From their experience, they impressed upon me the importance of an education to have a better life.  As a result, I am a first generation college graduate. 

I was motivated to become a lawyer at age 13, after the murder of a family member whose case remains unsolved. As a child it was obvious to me that her case never received proper attention because of her race and status in the community.  I understand on a personal level the effects that racial bias and economic disparity have on the administration of justice in this state.  

All of these experiences have equipped me with the knowledge, skill, and temperament to be a fair and impartial judge who will ensure that everyone has access to equitable justice, regardless of race, gender, socio-economic status, or the status of his/her attorney.

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

My judicial philosophy is that justice is like DNA, unique to the individual facts and circumstances of the case, and unique to the individual before the judge.

4. How do you define yourself politically? How do your political beliefs affect your judicial approach?

I am a Democrat and a progressive.  My political beliefs will not affect my judicial approach. The fair and unbiased application of law is what will guide my judicial decisions.

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?

I am running for an open seat.

6. On any given day, there are North Carolina resident 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?

To reduce pretrial mass incarceration I believe that persons charged with non-violent offenses should be considered for written promises to appear or unsecured bonds, rather than immediately receiving a secured bond.  Minors should receive custody release to a parent or guardian who will insure their appearance for court, and their attendance in school while waiting for their case to be disposed.  A secured bond or cash bail should be reserved for the most violent offenses and for persons who pose a risk to the community and who have demonstrated an extensive history of not appearing for court.

The purpose of bond is to ensure the appearance of the accused in court, and to protect the community.

When determining whether pretrial incarceration is appropriate, I would consider the following factors: (1) the nature of the offense charged, (2) the weight of the evidence against the accused, (3)  whether the release of the accused would pose a risk to the community, (4) the ties of the accused to the community, (5) the ability of the accused to make bond, (6) the presence of any mental health, or substance abuse issues, and  (7) whether there is evidence to suggest that the accused is a flight risk or has a significant history of failing to appear for court.

I do not support a bail schedule with guidelines for how judges should make bail determinations.  Predetermined guidelines diminishes the ability of the judge to consider the relevant facts and circumstances of each case before setting the conditions of pretrial release.  Generally, a bail schedule with guidelines impose a secured bond as the first choice, rather than the last choice. This practice contributes to the problem of pretrial mass incarceration for non-violent offenses.      

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.

A change to the cash bail system that I would support is the refund of all, or a part of the premium posted for bond when a case is dismissed, or the person is found not guilty.  It is inherently unfair for an accused person to pay a non-refundable premium when their case is dismissed or if the person is found not guilty.

 I would also like our local pretrial release program expanded to include more felony offenses where the accused has no prior record or a minor record, and no physical harm has occurred. 

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?

Include in your answer: what you can do in the courtroom as a judge and your willingness to work with legislators and the public – within whatever rules or standards govern judge political action – to suggest changes to laws or practices that effect the problem of black mass incarceration

A judge has the responsibility to ensure that his/her judgement or decision is free from racial bias and that everyone has access to equal and equitable justice.  Judgments should not be structured to be solely punitive but should also seek to rehabilitate and restore the defendant.

In my experience an Assistant Public Defender, the majority of non-violent crimes are the result of substance abuse and/or mental illness.  Incarceration of persons struggling with mental health or substance abuse issues should be the absolute last resort.  As a judge, I would utilize alternative sentencing options like Drug Court, Mental Health Court, Alcohol Drug Abuse Treatment Center (ADATC), Carolina Outreach, Freedom House, or any other viable community based intensive outpatient treatment.  I will work with our legislators, county commissioners, the District Attorney, and the public to expand access to mental health courts and drug treatment courts as alternatives to incarceration for more types of cases.   Intensive outpatient treatment of mental illness or substance abuse that is the cause of a person’s criminal conduct would aid in the reduction of mass incarceration, and assist the person in becoming a more productive member of society.

Additionally, I will work with legislators to change the sentencing guidelines to limit the length of sentences that can be imposed consecutively in superior court. The ability of a Superior Court Judge to impose consecutive sentences without limitation has contributed to the problem of black mass incarceration.

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 arguable 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?

Traffic offenses involving Failure to Appear are matters for District Court and rarely appear in Superior Court. In my experience as an Assistant Public Defender, failure to appear in court for traffic violations like Driving While License Revoked or No Operators License are generally the result of the inability to pay the monies necessary to restore the person’s license.  The problem is further compounded by the person’s need to commute to and from work to provide for their family. 

In my opinion, failures to appear for traffic violations of Driving While License Revoked, No Operator’s License, or other minor traffic infractions should not be considered by judges in District Court or Superior Court when determining conditions for pretrial release. 

However, when the failure to appear is on a traffic violation of Driving While Impaired, a judge should not overlook a failure to appear in this instance because a potential substance abuse issue is present that needs to be addressed and the failure to do so poses a danger to the community’s safety.

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 support restorative justice practices prior to sentencing. Pre-trial diversion is appropriate for non-violent offenses, and in some instances violent offenses, that involve minors or people with no criminal record or a minor criminal record, or if the criminalized conduct is the result of mental illness and/or substance abuse.

The restorative justice practices that I support prior to sentencing are practices that restores and compensates the victim for the harm caused by the criminal conduct, but also address the any mental illness or substance abuse that was the cause of the criminal behavior.

 An opportunity to avoid the drastic consequences that could alter the trajectory of the lives of minors, or people suffering from addiction and/or mental illness should always be an option. Therefore, eligibility should be determined on a case by case basis, and the person’s age should not be used as an exclusionary factor.

11. How do you believe low-level drug cases should be handled?

Low-level drug cases should be handled in line with the discernible reason behind the offense.  For example, a low-level drug case that involves the possession of a controlled substance that is clearly for personal use rather than for sale should be treated as a public health concern and not criminalized.  Unfortunately, because of the inability to access adequate health care, street drugs are often used to self-medicate medical issues where the user cannot otherwise afford appropriate medical treatment.  These cases should be diverted to Drug Treatment Court and/or Mental Health Court to aid in addressing the addiction and providing the appropriate medical care. 

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?

I do believe that the justice system in North Carolina criminalizes poverty.  The imposition of excessive cost and fines makes it more difficult for persons to successfully comply with restitution to victims, or to successfully complete drug treatment programs, mental health programs, or domestic violence programs that may have been ordered by the court to help rehabilitate the defendant. 

The criminal justice system should not be funded on the backs of people who do not have financial resources.  As a judge, before the imposition of any fines or fees, I will assess the defendant’s ability to pay.  The priority will be recovering restitution for the victim and the rehabilitation of the defendant.  To mitigate costs, community alternatives to satisfy the court’s requirement of community service or drug treatment at no cost will be an option for compliance.  When the defendant does not have the ability to pay the requested fees, those fees will not be imposed and incarceration for failure to pay fees will not be an option.