District Court Judge District 10D Seat 2: Amalia Mercedes Restucha

Name: Amalia Mercedes Restucha

Age: 44

Party affiliation: Democrat

Campaign website: https://electmercedes.com 

Occupation & employer:  Assistant Attorney General, NC Department of Justice

Years lived in the area: 44

1) What in your record as a public official or private citizen demonstrates your ability to be effective, fair, and impartial on the bench? What do you believe qualifies you to serve as a district court judge? Please include your experience relevant to civil and criminal law.

In my 17 years of practicing law, I have represented both plaintiffs and defendants, practiced in both criminal and civil law, and appeared at all levels of court in North Carolina. I believe this will give me a fresh perspective and be able to make well-balanced decisions from the bench. 

I have worked in private practice doing criminal defense work and affirmative immigration applications. I represented people with disabilities in employment and accessibility cases at the non-profit, Disability Rights North Carolina, before joining the NC Department of Justice as the attorney who represented the Division of Child Development and Early Education. Through my work at NCDOJ, I have worked on various criminal justice reform initiatives, represented the Attorney General on the Governor’s Advisory Council on Hispanic and Latino Affairs and the NC Financial Literacy Council, practiced criminal appellate law, and litigated on behalf of the consumers of North Carolina. Over the years, I have served on the boards of Uniting NC and El Pueblo, and on the Raleigh Human Relations Commission and the NC State Advisory Committee to the US Commission on Civil Rights. 

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

“I believe a person’s judicial philosophy develops through the experience of sitting on the bench and making real decisions that affect people’s lives. Generally, I believe our constitutions are living documents, and their interpretation can evolve as society changes. At the same time, judges have a responsibility to interpret and apply the laws passed by the General Assembly. When the law is clear, a judge should follow it as written while using the canons of interpretation to apply it fairly and thoughtfully to the facts before the court.

While I’m in office, politics will play no role in my decision making. However, as a lifelong Democrat, I will not deny that I strive to represent the values of the Democratic Party. My judicial approach will be guided by a commitment to service, empathy, fairness, humility, integrity, and the community.”

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

Empathy, humility, and integrity. 

4) Iryna’s Law eliminates the option for judges to release people pretrial with only a written promise to appear in court and requires that they set secured bonds for defendants charged with violent offenses or with more than two prior convictions. Do you support these changes? Why or why not?

In the case of violent offenses, public safety has always been a fundamental consideration in decisions about pretrial release, while also recognizing that each case and each defendant is different. I believe there is real value in identifying when mental health may be a factor in a person’s behavior and ensuring that appropriate evaluations are available when there are legitimate concerns. 

As a judge, my responsibility would be to apply the law as enacted by the General Assembly, consider the individual circumstances before me, and protect both public safety and the constitutional rights of the accused. I would approach these decisions thoughtfully and without a predetermined outcome, using the information available to make a fair and informed decision in each case.

5) Black North Carolinians are incarcerated at much higher rates than their white peers. What responsibility do judges have to address racial inequity in the court system? 

My first job out of law school was working on a contract with the Center for Death Penalty Litigation reviewing jury panels under the recently passed Racial Justice Act of 2009, which allowed people facing the death penalty to challenge their sentences using statistical evidence and patterns of racial bias. That law was later repealed in 2013.

Judges have a responsibility to ensure that people who come before the court are treated fairly, with dignity and respect, and judged on the facts and law — not on race or background. My experience, particularly listening to testimony from community members when I served on the NC State Advisory Committee to the US Commission on Civil Rights, has shown me how important it is for people to feel that they are truly heard and that the process is fair.

Judges also have a responsibility to recognize that implicit bias can affect the justice system, even when it is unintentional. 

6) Do you support restorative justice practices and diversion programs? What kinds of cases do you believe should be excluded from diversion programs?

I wholeheartedly support restorative justice practices and diversion programs. Generally, cases involving violent offenses, significant threats to safety, or when there is a substantial risk of reoffending may require a different approach.

7) How should judges take immigration status into consideration, both in case resolutions and in courtroom proceedings?

Generally, immigration status should not be relevant in resolving a case. If given the opportunity to serve on the bench, I would ensure that every one who needs an interpreter in my courtroom will get one before proceeding with any discussions or hearings, in order to ensure litigants can meaningfully exercise their rights. While complying with state and federal law, I will do what I can to ensure that any presence of federal law enforcement does not interfere with justice being served, so that everyone, especially victims, feel safe coming to the courthouse. 

8) Often voters know very little about the judges they are electing. Tell us something about yourself that our readers may be surprised to learn.  

Something voters may be surprised to learn is that when I was 11, I had surgery to lengthen my left by 2.5 inches. I spent seven months on crutches, which, thankfully, did not stop me from having a 10-year gymnastics career. I went on to become captain of my high school cheerleading squad and lead yoga classes as a side gig. Apparently, I’ve always been willing to go to some extreme lengths to find balance!

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

One principled stand I would be willing to take is to apply the law as it is written, even when the outcome may not be popular. Judges are not legislators, and our role is not to rewrite laws based on our personal beliefs or what may be politically popular at the moment. The General Assembly is responsible for making the laws, and a judge has a responsibility to interpret and apply those laws faithfully and fairly. That can sometimes mean making a decision that not everyone agrees with. 

10) Are there any issues this questionnaire has not addressed that you would like to address?

Having represented the Division of Childhood Development and Early Education, the agency that licenses child care settings, I would like to see the courthouse become more family-friendly, and I would advocate for on-site child care, similar to the program available in Mecklenburg County.