Wake County District Attorney: Wiley Nickel

Name: Wiley Nickel

Age: 50

Party affiliation: Democrat

Campaign website: www.wileynickel.com

Occupation and employer: Attorney/Former Congressman

1. What do you believe are the most important issues facing the District Attorney’s Office? What are your top three priorities in addressing these issues?

I’m running for District Attorney because the stakes for our community – and our democracy have never been higher.

First, funding is the most significant challenge facing the Wake County District Attorney’s Office. Wake County is the largest county in North Carolina, yet the District Attorney’s Office has just 43 prosecutors compared to 94 for Mecklenburg County. This disparity places significant strain on the dedicated career prosecutors and affects caseloads, efficiency, and the time and care each case requires for victims, defendants, and families. It means victims have to wait years rather than months for justice and repeat offenders stay on the streets much longer.

Second, compounding this challenge is North Carolina’s growing mental health crisis. Today, our jails and prisons have effectively become the largest mental health institutions in Wake County. Rates of depression, anxiety, and co-occurring substance use disorders continue to rise as access to treatment declines. Mental health courts play a critical role in addressing nonviolent offenses involving individuals with mental health or substance use disorders, yet key funding streams—including federal SAMHSA dollars and DHHS-administered resources—are increasingly at risk. Wake County does not have a mental health courtroom even though they exist in a dozen other counties. That will change when I’m District Attorney.

Third, the Wake County District Attorney plays a unique and critical role in combating political corruption and government misconduct statewide. Because Wake County is home to North Carolina’s seat of government, the office is responsible for investigating and prosecuting public corruption cases that affect the integrity of our democracy. At a time when public trust in institutions is low, the DA’s Office must be independent, fair, and willing to hold powerful interests accountable—regardless of political party, position, or connections. As District Attorney, I’ll ensure that these cases are handled professionally and transparently so the law is applied equally to everyone.

Meeting these challenges requires leadership that understands both the justice system and the funding and policy levers at the federal, state, city and county levels. I have the experience to lead efforts to ensure adequate prosecutor staffing, strengthen diversion and treatment-based alternatives and tackle political corruption while keeping Wake County safe.

2. What in your record as a public official or other experience demonstrates your ability to be an effective district attorney? This might include career or community service; be specific about its relevance to this office.

With Donald Trump and right-wing extremists trying to take away our freedoms, the threats to our democracy have never been more urgent. The Wake County District Attorney investigates and prosecutes all of North Carolina’s political corruption and government malfeasance cases because of our position in the state’s Capitol. In this moment we need a District Attorney who will stand up for our rights and freedoms, hold corrupt politicians accountable, and defend the rule of law and our Constitution.

I bring over 20 years of legal experience, having built and led a successful Wake County law firm where I fought every day to make sure my clients were treated fairly and compassionately by the North Carolina justice system. As a North Carolina State Senator and later a Member of Congress, I helped shape criminal law, strengthened public safety, and managed a large congressional office while serving my Wake County constituents and bringing back millions of dollars in federal funding for affordable housing and public safety.

The Wake County District Attorney is not just a practicing courtroom lawyer. The DA oversees a staff of close to 80 people and handles over 100,000 criminal cases a year. With proven experience running a law firm and a large government office, I’m uniquely qualified to deliver safety, justice and accountability for the Wake County District Attorney’s office.

3. Violent crime rates in Wake County are below the state average, but gun violence—particularly among young people—remains a concern. What do you believe the DA’s Office’s role is in reducing violence, including juvenile crimes? If you’re an incumbent, how have you worked to achieve that? If you’re a challenger, what would you do if elected?

Gun violence is the leading cause of death among children in the United States and far too many North Carolinians are dying from senseless gun violence. As a father of two young children I understand the fear of sending your child off to school and wondering if they’ll be safe.

In Congress I was a member of the Gun Violence Prevention Task Force and co-sponsored legislation to ban assault weapons and ghost guns, provide for universal background checks and close the gun show loophole. I also co-sponsored Ethan’s Law, legislation that would require the safe storage of firearms and establish penalties for parents if a minor gains access to a gun. As District Attorney I’ll come down hard on those who use guns to commit violent crime.

How the District Attorney responds to a juvenile’s case can change the entire trajectory of the child’s life. Compassion here doesn’t mean ignoring the law; it means responding in a way that actually reduces future harm. This is another reason why having community ties and connections with law enforcement and local officials matters. Utilizing community-based programs instead of court whenever possible will set these kids up for a positive future, not one spent behind bars.

As District Attorney, I’ll use charging and diversion policies to keep students in school whenever possible and reserve prosecution for conduct that truly threatens public safety. Too often, minor school-based incidents are handled through the criminal justice system when they should be addressed through school discipline, counseling, or restorative practices. Criminalizing normal adolescent behavior derails education, increases dropout rates, and feeds lifelong involvement with the justice system.

For nonviolent, low-level offenses involving juveniles, my office will look to diversion, deferred prosecution, and community-based interventions over formal charges where appropriate. These alternatives hold young people accountable without saddling them with permanent records that limit educational and economic opportunity. Early intervention — not early incarceration — is how we reduce recidivism and keep our communities safe.

Public safety and educational opportunities go hand in hand. Smart charging, strong diversion, and real investments in public education is how we achieve both. 

4. What kinds of diversion programs do you support using in the DA’s Office? What kinds of cases do you believe should be exempted from diversion programs?

I discussed juvenile cases above. I also support diversion programs for appropriate substance abuse related cases – but not for cases involving violent crime.

We have a growing mental health crisis in our state. More than 450,000 adults and young adults in our state have a serious mental illness, and rates of depression, anxiety and other disorders continue to rise. Mental Health Courts work with nonviolent offenders who have been diagnosed with a substance use, mental health, or a co-occurring disorder. Mental health courts facilitate cooperation between the state mental health system, mental health service providers, and the court. This allows the state mental health system to provide repeat adult offenders who need mental health services with treatment and other mental health services aimed at improving their ability to function in the community, thereby reducing recidivism and easing the workload of the court. As District Attorney I’ll create a full-time mental health court for Wake County to address one of the most pressing challenges facing our community. Too often, people struggling with mental illness cycle through the criminal justice system without receiving the treatment they need. A dedicated Mental Health Court will connect individuals to care, reduce repeat offenses, and improve public safety. By working with judges, treatment providers, and law enforcement, we can ensure that those in crisis get the help they need. This approach is both smart on crime and compassionate, making Wake County stronger and safer for all.

5. The recently passed 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?

The crime that led to Iryna’s Law was a horrific tragedy. Protecting the public from violent criminals must always come first. When someone poses a real danger, judges should have the authority to detain them, and I support using secured bonds when the facts justify it.
But Iryna’s Law treats our mental health crisis like a bail problem—and it’s just not the same thing.

North Carolina is in the middle of a serious mental health crisis. Jails and courtrooms are increasingly being used as substitutes for treatment because the state has failed to adequately fund the mental health care North Carolinians need. The bill did nothing to meaningfully invest in mental health services, crisis intervention, or treatment beds that could help prevent violence before it happens. Those solutions cost money, and the legislature chose not to pay for them.

Instead, the law removes judicial discretion and mandates secured bonds based on charges and prior convictions, regardless of whether detention will actually make the public safer. That approach fails to address the underlying mental health problems that lead to violence in the first place.

Judges and magistrates are trained to make individualized, evidence-based decisions. Taking away options like unsecured bonds without providing real mental health alternatives doesn’t solve the problem; it shifts it onto overcrowded jails that are ill-equipped to provide treatment and can actually increase the risk of future violence.

I support accountability and secured bonds for violent offenders. But real public safety requires more than tougher bond rules—it requires investing in mental health care, early intervention, and community-based treatment so we’re stopping tragedies before they happen, not just reacting after the fact.

As District Attorney, I’ll focus on both: aggressively prosecuting violent crime, creating a full time mental health courtroom in Wake County (like a dozen other counties have already done) and pushing for the mental health resources our community needs to prevent violence and keep Wake County safe.

6. No one on North Carolina’s death row has been executed since 2006. Provisions of Iryna’s Law open the door for executions to resume. In what circumstances, if any, do you support using the death penalty? In what circumstances do you support life sentences and de facto life sentences?

I believe the death penalty should be reserved for the most extreme and heinous cases and only pursued after careful, deliberate review where evidence establishes guilt far beyond a reasonable doubt. Given the irreversible nature of capital punishment decisions and history of racial bias, the decision to seek the death penalty must be guided by the highest ethical standards, undisputable facts, and a commitment to ensure justice is fair, accurate, and free from bias. 

As District Attorney, I would approach any potential capital case with caution, transparency, and accountability, weighing the strength of the evidence, the interests of victims and their families, public safety considerations, and the appropriateness of alternative sentences such as life without parole. The goal must always be justice and upholding the integrity of the legal system.

I’m also deeply concerned about the enormous financial costs of capital prosecutions, which can consume millions of taxpayer dollars that could otherwise be invested in victim services, mental health treatment, violence prevention, and law enforcement resources that actually reduce crime.

The new law also seeks to revive death by firing squad. The revival of execution by firing squad has no place in a modern justice system. Governor Josh Stein has made clear that there will be no firing squad executions while he’s Governor, and I’ll make the same commitment for Wake County cases.

7. Prosecutors routinely make decisions about which cases to pursue, especially with offices across the state understaffed. What kinds of cases would you prioritize for prosecution? Which would you deprioritize? Please explain your answer.

As District Attorney, my top priority will be focusing resources on cases that directly impact public safety in Wake County. That includes violent crime, gun violence, domestic violence, and property theft. These are the cases that threaten lives and communities, and they deserve the full attention and resources of the Wake County District Attorney’s Office. Ensuring that these cases are prosecuted thoroughly and efficiently will help keep Wake County safe and hold violent offenders accountable.

At the same time, I believe we need a more thoughtful and evidence-based approach to low-level offenses that don’t pose a direct threat to public safety. Medical marijuana is now legal in 40 states. As a North Carolina State Senator, I authored legislation to legalize medical marijuana. This is a personal issue for me — my father suffered from cancer and used marijuana illegally during his final days. I’ve seen firsthand how the criminalization of low-level medical marijuana can harm families rather than enhance public safety.

As DA, I’ll create a new policy for handling legitimate low-level medical marijuana cases and focus greater resources on tackling violent crime.

8. How should the DA’s Office take immigration status into consideration?

North Carolina is a hub of innovation and diversity. People with roots from all over the world have come together to build a prosperous and growing community here in Wake County. People who come to our country seeking a better life and play by the rules deserve a pathway to legal status or citizenship that doesn’t take decades to complete. As a Congressman I worked hard to advance comprehensive immigration reform and measures for border security but Donald Trump opposed bipartisan legislation in order to use the issue on the campaign trail. There’s still much more work to do at the federal level to fix our broken immigration system.

Here in Wake County public safety depends on trust between law enforcement and immigrant communities. People are far more likely to report crime, cooperate with investigations, and help keep neighborhoods safe when they feel secure interacting with police — and that trust is broken when minor offenses carry disproportionate immigration consequences.

As District Attorney, I’ll use prosecutorial discretion where appropriate to help build trust between undocumented residents and law enforcement. In some circumstances nonviolent, minor offenses can be handled with alternatives to prosecution, including diversion programs, deferred charges, or dismissal when appropriate and supported by law enforcement. This allows law enforcement to focus on violent, repeat, and high-risk offenders while keeping the community engaged and safe.

Victims and witnesses must be able to come forward without fear. Prosecutors and staff will be trained to understand the immigration consequences of charging decisions and to apply discretion consistently, fairly, and strategically.

Where state law allows, I’ll consider record clearing, deferred prosecution, or other non-criminal resolutions for low level offenses that could negatively impact immigration status. I’ll focus on enforcing the law fairly, and in ways that build public confidence and trust with law enforcement.

By prioritizing trust and fairness while holding serious offenders accountable, my office will create a justice system that is safer, more equitable, and more effective. When people know they can report crimes without fear, law enforcement becomes stronger, communities are safer, and justice works for everyone in Wake County.

9. How would you characterize the incumbent DA’s record on dealing with use of force by local law enforcement officers? How would you differ in handling such cases, if at all?

No one is above the law – whether someone wears a badge to work or a lanyard. Law enforcement officers swear an oath to uphold the law and to protect and serve. My office will thoroughly investigate all credible allegations of police misconduct using all available evidence, including body cameras, witness testimony, and all available information. Misconduct — whether through action or inaction — will be taken seriously and pursued in accordance with the law.

The current District Attorney is not running for re-election, and my focus in this campaign is on my positive vision for the future. I’m committed to ensuring that every person — regardless of race, gender, sexual orientation, or legal status — is treated fairly under the law. Accountability is essential to maintain public trust and uphold justice.

The District Attorney’s Office should be much more transparent in how investigations are conducted, how charging decisions are made, what standards apply, and that the law is being applied fairly and equitably to everyone. 

I’ll continue to invest in tools and training that support accountability. As a Congressman, I secured over $1.3 million in federal funding for local law enforcement to purchase body-worn cameras and other technology. These tools not only protect officers but also provide critical evidence to ensure fairness, accountability, and community trust.

10. The state legislature determines how many prosecutor positions it will fund in each DA’s Office. Wake County is the largest county in the state yet has far fewer prosecutors than the next largest county, Mecklenburg. How do you propose closing cases more efficiently given the shortage of staff? How would you advocate for more resources for the DA’s Office? 

Funding is one of the most significant challenges facing our District Attorney’s office. Wake County is the most populous county in North Carolina, yet the District Attorney’s Office has just 43 prosecutors compared to 94 for Mecklenburg County. This disparity places significant strain on our dedicated career prosecutors and affects caseloads, efficiency, and the time and care each case requires for victims, defendants, and families.
Meeting these challenges requires leadership that understands both the justice system and the funding and policy at the federal, state, county and municipal levels. I have the experience necessary to lead efforts to ensure adequate prosecutor staffing, and secure sustainable funding.

Federal Funding: There’s much more the federal government can do to support public safety in Wake County. As a Former Congressman I’ll work hard to make sure Wake County has the support it needs from the federal government. I’m very optimistic that Hakeem Jeffries will be the next Speaker of the House and I expect House Democrats will invest in public safety with their expected majority after the 2026 elections. As a Congressman I brought back millions of dollars for law enforcement in North Carolina. As Wake County’s District Attorney I’ll work to bring back federal funding for the courts, law enforcement and the DA’s Office. 

State Funding: One of my top priorities will be to lobby the NC General Assembly in a bi-partisan way to ensure adequate funding for the Wake DA’s Office. I’ll bring together a large bipartisan group of Wake County community leaders together to help me press the NC General Assembly to provide adequate resources for public safety in Wake County.

County and City Funding: Mecklenburg County and the City of Charlotte fund 23 of the 94 positions in Mecklenburg I mentioned above. The current Wake County District Attorney (who is not running for re-election) never tried to get County or City ADA funding. I’ve already started conversations with elected leaders with the City of Raleigh and the Wake County Board of Commissioners and will work to match Mecklenburg with funding for 23 new positions from the Wake County Board of Commissioners and the City of Raleigh. 

New Hanover County, Fayetteville, Cumberland County, Durham, Durham County, Alamance County, Rowan County, Union County, Buncombe County, and Henderson County all provide grant funding for ADAs. Those counties fund around 2-4 ADAs, with the exception of the City of Charlotte and Mecklenburg County, which jointly fund 23 ADAs for the Mecklenburg DA’s Office. Again, Wake County and the City of Raleigh do a lot to support public safety in Wake County but have never been asked to fund ADA positions. One of my top priorities will be to secure more funding at the state and local levels and bring a large bipartisan group of community leaders together to help me get it done.

Private Resources: In addition to public funding, I will responsibly expand the use of private resources and volunteer support to strengthen the DA’s Office without compromising its independence or integrity. That includes building stronger internship pipelines with local colleges and law schools, allowing qualified law students to assist under North Carolina’s third-year student practice certification rules while gaining real courtroom experience and helping reduce staff burdens.

I will also create opportunities for retired attorneys to volunteer their time and expertise in appropriate, supervised roles, as well as structured non-lawyer volunteer programs to support victims and families navigating the court system. For example, victims of domestic violence often face an overwhelming and intimidating courthouse experience. We should make sure they’re always met by trained volunteers or interns who can help guide them through the process, connect them with services, and ensure they’re not facing the system alone.

These efforts will never replace the need for fully funded prosecutors, but they can improve efficiency, enhance victim support, and allow career prosecutors to focus their time and expertise on the most serious cases—helping the office serve Wake County more effectively and humanely.

11.  Give an example of an opinion, policy, vote, or action you changed based on constituent feedback. If you have not yet held elected office, describe a time when you changed your position on an issue after listening to those affected by it.

While in Congress, one of the clearest examples of listening to constituents and adjusting my approach was how our office changed our approach to help people access federal services and navigate our very complicated federal bureaucracy.

Over the course of my term, our office handled thousands of cases with federal agencies, returning millions of dollars to families and helping constituents resolve issues with Social Security, veterans’ benefits, passports, IRS matters, and more. These weren’t abstract problems — they came from hearing directly from people who were frustrated, stuck, or denied benefits they had earned or desperately needed. For many families, the biggest barrier wasn’t a lack of services, but red tape, confusing rules, and unawareness of programs already available.

We helped more than 1,600 constituents resolve issues with federal agencies, returning nearly $2.8 million to families in the process. We hosted and attended nearly 300 public events, including 16 town halls, to connect with neighbors and make their voices heard in Washington. We responded to over 70,000 pieces of correspondence, ensuring every constituent knew their voice mattered.

Legislatively, we worked to make life better for the people we served. I introduced 13 bills and cosponsored over 450 pieces of legislation, fighting for affordable health care, safer schools, better infrastructure, and an economy that works for everyone. I took to the House floor 70 times to advocate for my district’s priorities and to share constituents’ stories with the American people.

Listening to these experiences also led us to increase staffing for casework to three full-time specialists and to author legislation that provided more resources to help people learn about existing programs they were eligible for, ensuring that those services reached the people who needed them.

That experience reinforced an important lesson: public service isn’t just about passing laws — it’s about helping people navigate systems when those systems fail. I listen to my constituents and moved resources in my office and authored legislation to address the issues. As District Attorney, I’ll bring that same approach to the Wake County Courthouse: focusing on customer service and making the court experience more efficient and effective, especially for victims and for law enforcement officers who currently spend far too much time waiting in court rather than being out on the streets keeping our community safe.

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

ICE Raids:
What ICE is doing in cities across the country is not normal and it should alarm every American. Random sweeps targeting people based on how they look — including U.S. citizens and individuals with no criminal record — undermines public trust and doesn’t make our communities safer. Federal resources are being diverted from investigating violent crime, human trafficking, and other real threats all for political theater. Two American citizens have been killed by ICE agents in Minnesota over the past few days. They should both be alive with their families today.

We can all agree that violent criminals should be the focus of deportation efforts — that’s common sense and good for public safety. That’s what we did well when I worked for President Obama – targeting violent criminals for deportation. This approach aimed to focus limited enforcement resources on individuals deemed the greatest threats to public safety. But that’s not what’s happening here. These ICE raids involve random sweeps of people based solely on how they look — including American citizens and people with no criminal record. Leaked data from ICE shows that in the last fiscal year only 5% of those booked into ICE detention were violent criminals while 73% had no criminal convictions at all. Wake County deserves smart, targeted enforcement of violent criminals, not fear-driven raids that undermine trust in law enforcement.

As Wake County District Attorney, I’ll use the full weight of my office to hold any federal agent accountable who breaks the law in Wake County. A federal badge doesn’t put anyone above the law in North Carolina — and Donald Trump cannot pardon state crimes. When I’m District Attorney accountability will apply to everyone in Wake County, without exception.