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Carolina Journal Radio No. 786: Targeted tax incentives focus on wrong approach to economic growth

Carolina Journal Radio / Donna Martinez and Mitch Kokai
The Truth Network Radio
July 1, 2018 12:00 am

Carolina Journal Radio No. 786: Targeted tax incentives focus on wrong approach to economic growth

Carolina Journal Radio / Donna Martinez and Mitch Kokai

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July 1, 2018 12:00 am

Politicians who rely on targeted tax incentives to help recruit businesses to North Carolina share a common trait with teenagers who stuff their faces with the first piece of chocolate cake they see. Joseph Coletti, John Locke Foundation senior fellow, explains that analogy as he dissects this state’s incentives policy. Coletti explains why the politicians – and teenagers – would benefit from considering alternatives. Charlotte’s Sugar Creek Charter School has demonstrated clear success. But school founder and former Charlotte Mayor Richard Vinroot says that success followed early struggles. Vinroot explained recently for state lawmakers how an early threat of closing prompted Sugar Creek leaders to improve the school’s performance. A national education expert recently urged N.C. lawmakers to add more local spending flexibility to the state’s school funding formula. Marguerite Roza of Georgetown University’s Edunomics Lab explained how North Carolina could benefit from a formula establishing a more direct link between taxpayer money and particular students. The former Dorothea Dix mental hospital campus in downtown Raleigh is moving closer to conversion into the area’s largest park. Kate Pearce, Dix Park planner for Raleigh’s city government, recaps key pieces of the park planning discussion and looks ahead to the next steps in the process. The top statewide race on this year’s N.C. election ballot features Republican state Supreme Court Justice Barbara Jackson. Democrat Anita Earls already has announced plans to challenge Jackson, and other candidates could file for the office starting June 18. Rick Henderson, Carolina Journal editor-in-chief, handicaps the race and explains its significance for the high court’s future.

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From chair to current and the largest city in the statehouse into the schoolhouse Carolina Journal radio your weekly news magazine discussing North Carolina's most public policy events and issues welcome to Carolina Journal radio why Michiko got during the next hour, Donna Martinez and I will explore some major issues affecting our state charlottes Sugar Creek charter school is a success story today but that wasn't always the case. You learn how early struggles prompted Sugar Creek's founders to make necessary changes by national expert recently recommended that North Carolina simplify its public school funding formula. You hear the recommendation about tying school funding more directly to particular students, a former mental hospital property near the heart of the state capital will soon become a Park to hear an update on planning for the Dorothea Dix site and will get a preview of the state's top statewide election this year. It's a contest for a seat on the state Supreme Court.

Those topics are just ahead. First, Donna Martinez joins us. She has the Carolina Journal headline, state lawmakers have announced changes to the state economic incentive plan to allow for what they termed a transformative project and while it's designed as an incentive to lure major employers to the state. Our next guest says that incentives transformative are not our misguided policy that really illustrate how tough it can be for policymakers to resist the temptation to make bad choices. Joe Colletti is a senior fellow with the John Locke foundation. He joins us now. Joe welcome back to the show to be her first of all, what is this transformative incentive. What is that the transformative incentive started as a policy to bring a car plant in North Carolina as every incentive plan that North Carolina has seems to have started some conflict, but this was one that in 2017 was created for a project that would be worth over $4 billion of investment basically was aimed at a Toyota Mazda plant that was looking at a location outside of Greensboro.

It ended up being about Alabama but we already had the incentives on the books so this year with Apple and Amazon looking to locate new headquarters regional headquarters someplace on the East Coast. Most likely you are North Carolina the triangle is one of the prime candidates for both of those the legislature created change those rules for what counts as transformative to something that's billion dollars or more and without they made a couple other tweaks that make it very clear that this is aimed at technology and when the budget came down came out the wording in the budget. Talked about for a transformative manufacturing or technology project and so that's what that's what this is. It's aimed at, most likely Apple or Amazon coming to the triangle.

Joe gives us a sense of who they are trying to lure and clearly they think they've got the fish on the hook so to speak, and I'm trying to sweeten the deal help us understand when we say incentives. What kinds of things are they putting on the table to offer an Apple or Amazon. The largest part portion of it from the state level is a is a credit on the withholding tax so when when when you are I are working or anybody who's working for his salary.

The company, the employer withhold does withhold some of the money to pay the income tax to the state and so with with a transformative incentives those company. The company in this case Apple or Amazon would get up to hundred percent of that money back. So all the money that they withhold from your salary for taxes would go with they would get back. You still have to if you would still owe those taxes but Apple and will use Apple's as the examples would get all that money back if the employee if it bears some changes. If there's an H1B visa that doesn't count. They all sit in its there used to be a cap on it. Now they take and nothing taken that Off on how much of withholding could be could be set aside and received back so those are. That's the that's the largest portion of it and that's that's the main incentives than the venue of local government government incentives on top of that, but that's that that's the bulk of it sounds like it's a sweet deal. If you're out all or Amazon if essentially you get this set refund you. It's a great deal for for the company that basically the largest portion of your expenses or one large portions of your expenses. You no longer have to worry about and and it's for up to 40 years.

In this case so it used to be 25 years than this incentive makes it 40 years, so it's a really long lives incentive package.

Jill people listening to us might be thinking while G Apple Amazon we need them. We want them, they would bring thousands of jobs, tens of thousands in the case have Amazon for for sure.

I so hate why not do this, but this gets to the piece that you wrote recently about how hard it is for policymakers to resist temptations to things like this.

Number one ally states are doing this kind of things so one of the reasons they do it is because there were in competition with other states right yeah so it's like that on the bachelor read it whether you want to be on the show whether the person who's the bachelor and bachelorette is that it is the best person to marry your already in competition you want throws so we think we've got 20 states 20 locations competing for at Amazon we want to get that we want to win. And that analogy by the junk food is junk CV. It all fits right that's good night of TV right. In fact, in your writing about this, you use the analogy of a yummy chocolate cake and it's really interesting because I put myself in the in the shoes of someone who sitting in the Gen. assembly, and no doubt their motives are our wonderful than trying to improve the state of trying to bring jobs to the state and all that incidents can be tough decisions for them to say.

Should we engage in this kind of thing or not.

First, about what this does for other businesses. I mean, isn't that really saying to some businesses.

For example those that are smaller than transformative or those that are already here. Employing people hate yell we like having you here, but these guys are special guys and in I have to. I do have to give credit for the chocolate cake analogy does not mind II saw it actually performed on stage, but by middle school middle school group so I have to create a credit to determine murder is that it is the student pastor at Selma church in Frankford for illustrating this one but now she stuck with me so yeah, I wouldn't. When you when you offer something to one of these companies, you're making it more expensive for everybody else to employ somebody by removing them, removing the company from the tax rolls at the local level.

Your increasing the burden on everybody else to pay for those things so and so you think everybody who's already here.

Who hasn't received those incentives sorry we like these guys better than everybody who's already here and that's really why some people turn this carveout because that company is literally carved out of their responsibility for at least a portion of providing services, etc. in the burden shifts to the other people who don't have the special incentive right which which leads to the chocolate cake problem is that if it's if it's either going to give incentives with her to go someplace else and what which goes to the bachelor thing right. Somebody's been with a roast it might as well be us. Let's figure out how to do that and that's the job that's were the legislators start in the governor and everybody else was involved in this process. That's with her starting point is either we have a or we don't have it. It would be better to have it.

Or at least we should put the show forward that were trying to get it because not all of these incentives actually pan out and comes out to strategic decisions on behalf of the companies and so it's as it is as much about making the effort to bring them in as it is about actually Following through. So what are the alternatives.

Then Joe if it's not an either or either out there and we get it or we just stay on the sidelines. What would you recommend to a legislator who is pondering what the next step should be the the better option is always to find something better. And so if it's chocolate cake or a salad or Ron or something like that right.

If you go for run, you're not as hungry afterwards and she might not want chocolate cake anyway and you feel better in the long run. That is a lot of things but that's that's it's a really hard thing to do. It takes a lot of discipline for a person to avoid chocolate cake go for a run. It's to be that. But, and it's that hard for for legislators as well. But that's where they should be looking and they've done that with lower taxes and lower regulatory burdens. This is just the icing on the cake.

There you go with the cake thing again.

What's a really interesting piece. It's been written by Joe Colletti here at the John Locke foundation. He is a senior fellow and you can find it at John Locke.Job very much like to say when this much more Carolina internal radio to come just government plays a key role in your life affecting your paycheck the way you educate your kids the way you do business. How can you tell if government is doing a good job making the right choices. Spending tax dollars wisely. Carolina journal.com tackles those questions every day.

The John Locke foundation publishes Carolina journal imprint each month and on the web each day@carolinajournal.com you'll find exclusive investigative reports on topics. No one else is covering what else a rundown of the best new stories, editorials and opinion columns in North Carolina.

John Hood's daily Journal news stories and important public event set Carolina journal.tv and the voices of the newsmakers themselves at Carolina journal radio and print on the air and on the web. You can find the information you need@carolinajournal.com welcome back to Carolina journal radio on Muskoka former Charlotte mayor Richard Vin group is proud of Sugarcreek.

That's the public charter school.

He helped start 20 years ago, but then route hasn't always been proud recently shared with state lawmakers in early conversation he had with the school's principal, Cheryl Turner, we have a mission. We had to get out.

We had our mission to get a charter right here years ago we had told him what our plan was in truth the matter is we changed our plans and cylindrical Cheryl I went to Cheryl one day we were first or third year we were in operation. Our numbers were exactly like the four schools of CMS no different, no general partner unless it sure we need to shut this darn thing down while we take in kids and are still not doing any better than anywhere else we need to shut it down. She said Richard give me a here and see if we can figure out what Cheryl and all over the country threatened with the prospect of closing its doors.

Sugarcreek charter school responded. 19 years later those kids that are 25%. Now, somewhere in the 60+ percent range at grade level foreign away better than all the kids in our system far and wide better than the old one or two schools in our study with these poor kids for minority children. Test scores tell an important story about Sugarcreek. I'm real proud of the fact that we are now. You'll see 59% started about 27% we come a long way when I really want to be, not Henderson collegiate which is 87%, but if I know Cheryl Turner were going to figure out how you look, look, if you will. All students in North Carolina and these are not all what we are 95% free and with his lunch were all right there, together with CMS on the study looked at the African-American were some 20 points ahead of the study were some 15 or so points ahead of CMS with African-American children and Hispanic were around 70% and you'll see that the study CMS are down in the 50% range. Parents and students have responded to the success we have six little over 1600 children. Now we have a waiting list of over 500 kids wanted to attend our school. Understandably, because were doing so much better than some of the other schools around us. One reason for Sugarcreek success flexibility then route explained when we don't like what we don't like this particular day we report to Cheryl Turner who is our principal, who came from Rocky Mount. I think the best administrator in the world for my money African-American woman who grew up in Baltimore, no nonsense, but most kids and sports or faculty visit. If we don't like something that something is wrong, but I report to Cheryl and by the next day we change so we we we are flexible we can change things. Sugarcreek serves much of Mecklenburg County. We have 25 buses that go all over the county. We have to propose our schools are were told minority school, where is said 94% free and reduced lunch.

These are very poor people where poor children we don't have much of a PDA because these parents are not two-parent families. There is one parent is a one grandparent one and some are homeless work two jobs so we have PTA meeting somebody shows up, but that's not how we operate. We we do tell them of the beginning of the year.

What are what are agreement is what we expect and they know that they have chosen us and there's some value in that to the parent or grandparent or aunt or uncle has chosen the school made a decision that that's a positive. And it certainly an advantage when we have such success.

Now that was 1600 kids in 500, waiting, trying to get in with lottery system that they know this is all a one-shot deal and if you don't do the right things don't stay there. You have a problem that's the voice of former Charlotte mayor Richard Vin wrote he helped start the Sugarcreek public charter school in Mecklenburg County shared an anecdote with state lawmakers that help explain Sugarcreek's success. My law partner, Bob Bradshaw, my friends call Robinson Bradshaw is now been about five years. Very solemn sort of fellow deep voice almost fearsome because he smiled. He just spoke with a deep voice, he told me only to see a charter school took amounts of Sugarcreek walking through the hall talking about like I'm talking now a little boy said, should Mr. do not supposed to talk in the hall, Bob Bradshaw looked at me and he said Richard I think the school and he was right that that was this little boy's attitude because that was the teacher's attitude that was Cheryl Turners. We simply don't talk in the hall and if you go out and see what's going on there. I think you will understand how that attitude is reflected itself through the student body Sugarcreek recently expanded into high school grades are decision to go was not artisan his talk is that we stopped at a high school is another kettle of fish has required gymnasiums. It requires lots of things that we don't have the resources for so we decided to stop at some four years ago and we were and we been doing that we stock today and would have been in business 19 years, the math we started K through five grew to a stated date for all those years and a group of kids so that when we Americans would go off to the public school system. Other places, and we had a little trouble exactly how they did after he left us a whole lot of them didn't want to leave us is there's a there's a lot of support around them and they liked it and they actually came. We decided not to go to hospital, he actually came to our board meeting this presentation and talked us into going school and we do. We have 30 graduates this year for the first time, every one of those 30 kids is going to college. Everyone has been admitted for five of them early.

Admitted to Chapel Hill.

My alma mater my own children I thought, well educated didn't have early admission. These kids are going to be all right be just fine. Why is Sugarcreek such a success. I don't know many things were doing other than we have a great principle we have a great faculty. We won't take no for an answer and it's working.

And yet there are believers were going to eradicate generational poverty for providing college and career prep education from K to 12 and we will address three critical areas and in the freeways we get there are academic preparation, high school and college career readiness and life skills for success through points to one particular point of emphasis at Sugarcreek we have six full-time character education teachers little boy who came up to me in the hall and said Mr. talk at all reflected from K on eight we talk about character.

We talk about humility. We talk about honesty. We talk about how you deal with people who were fighting with your or or what have difficulty with talk about drug and alcohol prevention. We talk about lots of different things that are part of being a person of good character and nine through 1212 it actually starts in the eighth grade, but it becomes intense in the ninth grade 910 1112 seven we actually have five full-time counselors and those kids meet with that counselor one class a day and they go into a lot of the same subjects I gone into before that had to do with character, but they also talk about college and career exploration college planning. You can read financial literacy and so forth, and we we we follow those kids not just through their hospital next year.

When these 30 go off to college in the following euro and 55 or 62nd class is larger than the one that's 75 or 80. These councils will be communicating with those kids on a regular basis throughout their college careers because we know it's not going to be simply a walk up and sign up and do your work and become a successful college student I kids have trouble and they had the more stable background all have an adjustment. I did when I go to college and these kids from their backgrounds truly will pay a lot of attention. That's former Charlotte mayor Richard Vin wrote you recently briefed state lawmakers of the success of Sugarcreek public charter school in Mecklenburg County will return with more Carolina journal radio in a moment. If you love freedom we got great news to share with you now. You can find the latest news, views, and research from conservative groups across North Carolina all in one place North Carolina conservative.com.

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Don't wait for the evening news if it's happening now it's happening here the John Locke foundation and Carolina journal. Have you covered with up to the second information like us on Facebook the John Locke foundation and Carolina journal follow us on Twitter at John Locke NC and at Carolina journal did you know you can now advance freedom and free markets just by shopping with Amazon it's true online shopping is now a great way to support the John Locke foundation just shot using the Amazon smile program and designate the work foundation to receive a portion of your purchase amount that's right you shop and Amazon donates money to ask the John Locke foundation works to smile.amazon.com Amazon smile.

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In fact, if one when school has a really expensive staff because their more senior teachers that school actually gets more money North Carolina school junior Wesley really like you put up another formula in between the number and types of kids you have and what mining are generating Republican Sen. Jerry Tillman supports more local flexibility US superintendent in this study was the biggest barrier to them succeed with their school goals.

They will tell you the lack of ability to move funds where they need them.

You can cite from the state. We want everybody that I have a full computer every classroom full interactive mode supposes local PTA and local money have done all that they don't make that let them decide their responsible for Mike and that goes for me. The meeting objectives are not made if their responsible. Let them have the money and let them put it where they won't do them hold their feet to the five Republican Sen. Rick Horner has concerns about making major school funding changes. I'm quite fearful throwing the baby out with the bath bath water allocation reallocation of allocation of school funds because that record when you put that much flexibility on the local level. It really requires a total rethinking of the management teams local level must be on what we have now in place versus pretty much dictates what you do you want me to invite you fill in the blank that people rise to the occasion and in fact like you said that you'd rather be more interested in the opportunity to be more innovative. That over time school systems attract and retain some of their better staff because they've trusted them to be part of the vision making and we find actually that many of think they were comfortable in the old model. Once they get the new model with divorce have no intention of ever going back. That's Georgetown University's Marguerite Rosa she's making the case for increased flexibility in local North Carolina school system. Budgets will return with more Carolina journal where doubling down on freedom at Carolina journal radio were proud to bring you stories that impact your life and your wallet. And now get twice as much freedom when you also listen to our podcast headlock available on iTunes and@johnlocke.org/podcast headlock is a little bit different. It's a no holds barred discussion that challenges softheaded ideas from the left and the right, like Carolina journal radio headlock is smart and timely but with headlock you'll hear more about the culture wars get some more humor as well. We guarantee great information and a good time that's listen to Carolina journal radio each week and listen to headlock to remember, you can listen to head back@johnlocke.org/podcast or subscriber download each week iTunes Carolina journal radio and headlock just what you need to stay informed and stay entertained both brought to you in the name of freedom by the John Locke foundation. Welcome back to Carolina journal radio amateur cook.

I the former Dorothea Dix hospital property in the heart of Raleigh is on the path to becoming a major Park. Our next guest will tell us where things stand with plans for the park. Kate Pierce is senior planner for Dorothea Dix Park with the city of Raleigh.

Thanks for joining us. Happy to be here.

Thanks for having me before we get into the park plans.

First of all the people who are unfamiliar with the Dorothea Dix property what we talked about how big where is it said the Dorothea Dix property is 307.9 acres located in the heart of downtown Raleigh so right near where Western Boulevard S. Thunder Centennial Blvd. all come together on it is the site of the former mental health hospital and was purchased by the city of Raleigh in 2015 to create what we think will be the nation's best new park. The hospital has been closed for a while. There are some still some operating functions.

There state agency as such. So in the purchase agreement with the state of North Carolina. The city executed a lease with the department of Health and Human Services, and they have about seven and half years left on their lease that they will be in their structures. Up until about 2025, around 2000 employees still go to work there every day so that we just ask is that if you're going to enjoy the park and be really respectful of the business that's going on there. Right. So tell us where things stand with the spark right now a lot of people have been hearing about this for a number of years. If where the plan right so last August, we kicked off the master plan and basically what that means is were trying to develop a vision for the future of the park. What the park will become what to do with all of those buildings on the campus.

How will people get there how I get paid how we pay for it so I'm all of those elements will roll into a master plan document that is currently being led by F firm out of Brooklyn called Michelman Falkenberg Associates we are about to go into our third public meeting which will be June 13 on the campus so lots of opportunities for public feedback on really developing into what we hope will become this really interesting idea for the future of Dix Park and then more importantly, the roadmap on how to accomplish those ideas so this is still in the planning stages with Arthur. Is there any sense at this point about the types of things that will be part of the sparklers that still in flux.

Well you know it's really interesting. So one of the kind of conceptual ideas were working on right now is that there's going to be places just to relax you know there are these beautiful oak trees out there today.

People that just want to get away from hustle and bustle will have a place to go and enjoy the campus as it was just this beautiful natural space in the city and then we know that people want to do stuff it parks so every week I probably get 25 to 30 emails with lots of ideas from Gaelic football to ultimate Frisbee to how are we going to play in the water. What is the water to be like if we all never gets hot in North Carolina and the summers said, there are certain ideas that are starting to come into focus, but still so much opportunity for community feedback to help shape what else is going to be in the park of the future that is the voice of Kate Pierce. She is senior planner for Dorothea Dix Park with the city of Raleigh. People who are familiar with this property have already been using it for park like activities in the past is the sense that much of that is going to remain as it is, or is it really going to look a lot different when all is said and done, that it does today. So the Michelman Falkenberg team. One of the things that they lot about the park is that it already has great bounds. So we have this beautiful field where everyone flies their model airplanes already on that's become a favorite of dog walkers. I think what we will do is enhanceis not necessarily change that is significantly but then on the other side you have a campus that has 85 buildings totaling 1,200,000 ft. of built space. So what is the role of building in the future of the park. That's one of the things that will start to address at that June 13 meeting, but in the master plan. How do we kind of talk about the history and the legacy of this place respected in the future of the park.

What we do with all of those buildings.

How do we make it an easier place for people to get to all of those discussions are happening right now and that's what makes it so exciting early on in this process before it was decided that this would be a park. There was some sort of political back and forth you what to do with this property night should should have metal hospital comebacks rising should just be sold and developed where things stand now, does it seem like people have really come on board with this idea that hey, this is good to be Park Make it as good a park is a good baby I think for the majority of folks people are really excited about this opportunity. I was at a meeting a couple of weeks ago and man. He runs that trust for Public land Adrian Bennett hey said that the work you're doing in Raleigh is the most exciting and urban important urban park project in America right now and so I think a lot of people are getting behind the idea that this place is a park but we also know that a lot of people are still very upset that the hospital close that they moved the facility to Butner, North Carolina, and so it's how do we know recognize the history of this place in the future of the part that were very sensitive were doing a number of research projects with UNC Chapel Hill right now to really honor that legacy and we know that for a lot of folks that still pretty raw and were trying to understand their stories so that we can be respectful of that place moving forward. My sense is that the people who live around that area were much more interested in having a park that having major development, yes, but are you getting the sense that the people who are neighbors of this property are pretty happy about the way things have been going planning why you know we've got some very engaged neighborhoods all around the park's perimeter side effects in the Kirby bill you neighborhood or in the Boylan Heights neighborhood or even in the Fuller Heights, Carlee United, there their neighbor is going to be this amazing public open space and so I think for a lot of folks it's really exciting to see what's happening there and then also you know there's some for Boylan Heights community to get across Western Boulevard there's some things we need to do to make that safer for folks in the Fuller Heights Carlee neighborhood to get into the park.

Right now there's double barbed wire fences. So how can we make that more inviting but I think for the most part the what we heard from the neighborhoods is very supportive very excited and just there, ready to see things happen. You mentioned the meeting coming up June 13, just in general this master planning process. If people want to learn more or become involved. What's the best way for them to do that. So a couple of things. One is we have a new website it's Dix Park.org and you can go online and see where we are in the planning process we post all of our meeting minutes there so you can get up to speed really quickly. I'm are real goal is that this becomes a park for everyone, and so were trying to be extremely transparent and open and welcoming so that anyone who wants to be involved in the planning process has that opportunity that Dix Park.org is a great place to start, were also doing a lot of fun events so this past weekend was an opening weekend for a large neon art installation that we had about 3000 people at the park Saturday night, sitting under the stars looking at this interactive art exhibit, just enjoying being out and Raleigh's newest public space and then for the master plan we have a series of large-format public meetings and lots of smaller meeting so maybe you don't want to come to a meeting with 600 other folks were going out to the community. So if you have a community group that you're interested in that would like to hear what's going on or get involved.

Just contact us through that Dix Park.org website and we be happy to bring the meeting to your community that is the voice of Kate Pierce. She is senior planner for Dorothea Dix Park with the city of Raleigh.

Thanks much for joining.

Thanks for having me pleasure a lot more on Carolina Journal radio just a commitment to truth and transparency in government. That is the mission of Carolina Journal and we are proud to deliver and now proud to tell you the North Carolina press Association has honored to members of our team with awards for reporting and writing, that's right, we really do deliver award-winning journalism we shine the light on government spending, reveal the truth about boondoggles and dig deep into programs paid for with your tax money. We keep you in the know in a way other media outlets don't in our reach and influence are growing all of our outlets. We reach more than 1 million N. Carolinians each month so make sure you're one of them. Our monthly print edition arrives in your mailbox every month.

Our online daily news site Carolina Journal.com has fresh stories, opinion pieces, and more. The award-winning Carolina Journal team I reporters make government accountable to you. Call 1866 JL FINF04 your free subscription, welcome back to Carolina Journal radio I'm Donna Martinez in June. Candidate filing begins for a seat on the North Carolina Supreme Court the only Supreme Court seat that will appear on the statewide ballot in November.

So far two people have signaled their intention to run, but there could be others that get in the race as well. The results of the race could end up playing an important role in determining the direction of our state Supreme Court Carolina Journal of course will be covering in this race, and many others. Rick Henderson editor-in-chief joins me now Rick welcome back to the show thanks to some of our listeners may not even realize that we actually elect members of the state's Highest Ct. in North Carolina. Not every state that's that's right we we are one of those or so state selects judges one of the few likes all judges and will support elections for all judges and so this time there will be incumbent Republican Barbara Jackson seeking another term against Democrat roles and others may run as well, since there's no judicial primary this time around, there could be any number of other candidates coming to play here and will have to see how many there were all we had a election a few years ago which there were 19 Candidates Seeking Single Appellate Ct. judicial position. I doubt we have 19 candidates this time around we woke we could have half-dozen or so she starts in the case of Barbara Jackson and Anita earls both have said they're running but halfway to Canada. Filing to see if they actually fill out the forms. Presumably they will. And then it can be a period of time where other people could do it in the qualifications have to be an attorney.

Yes that's that's the big Savior. If your attorney in good standing and you can run and the thing about why it seems to be a certainty that Justice Jackson and the girls will run as they been raising money they been lighting up endorsements they flubbed and appeared making political appearances and things like that and if your judge and you are overrunning for judicial position. You can actually do that you don't you're not compromising anything in judicial ethics or judicial canons. If you have stated the purpose of chewable and run for judicial position you can. As with the Barbara Jackson appear Republican event sorority girls Democratic and they've identified themselves as Republican. In the case of just sent Democrat in the case of Anita earls life. What do we know about each of these two presumed candidates you mentioned that Justice Jackson currently sits on the corner so she is up for reelection. She been there, would we have any sense of what she said, her judicial philosophy is this is her second full church going forward, and she is one of the most conservative members of the court.

She has consistently voted with her fellow Republicans and issues, and she really does stand out is is is a very conservative justice you earls was the founder of the organization called these the southern coalition for social justice. A very left-wing group. She was a member of the State Board of elections during the Mike Easley. And actually was one who voted to have a criminal referral of the governor Easley's dealings campaign finance.

She had has represented plaintiffs in lawsuits against the general assembly in gerrymandering cases and so she someone who certainly is is left of center, but she has issues lighting up endorsements from a lot of traditional Democrats and so she looks like she's going to be the standard bearer for the parties establishment right now. When you look at the partisan affiliation of the North Carolina Supreme Court. The Democrats hold a 43 advantage. So if a Democrat wins the seat in November that would push that to five Democrats to Republicans, or if a Republican wins, it would go back to 43 the right way. This partisan advantage or partisan affiliation really make any difference to have any evidence that that affects the outcomes of ruling so that was one of the thoughts.

When Mike Morgan became Justice 2016, replacing Bob Edmonds on the court, Bob Evans, Republican, Democrat, and in the first year roots that swung the balance from 43 Republican 43 Democrat and in the first year.

It really didn't seem to very large percentage of cases were decided unanimously, and their walk before three splits on various cases for the most part they were not dealing with issues that could be considered partisan issues to be some of the wording at all that changed beginning with the with with last year with some rulings involving specially the separation of powers case Cooper versus Berger versus Berger. That's right. In that case for Democrats. Voters blocking the Republicans block for Democrat supporting the governor the three Democrats sporting general assembly and that what is actually about that was that the adjuster Sam Carver the fourth. Justice Jimmy Irvin who was selected 2014.

I believe one that the seat is a Democrat piece.

He campaigned to someone who is going to be an independent voice and up until that point he had been event you been the most conservative Democrat are far all of the members of Supreme Court and but in that case, he sided with his Democratic brother and and so as other issues involving which political disputes come to the courts and the partisan divide then just a servant's vote will become more more important. And, of course, if Anita earls replaces Barbara Jackson is always possible that the Democrats won't need just a servant to get the majority of some of these case and in fact and I would encourage folks to read a very interesting column written by my Carolina Journal radio cohost Mitch coke eye on this very issue about the court's rulings over the past year and 1/2 or so you can find@carolinajournal.com Internet, met referencing what you just mentioned Rick in 2017 Mitch shed determined by his analysis that the justices actually decided 48 and 58 cases unanimously.

That's 83% of what they did but then it changed.

It seems now that every aspect of life. Frankly has become political were living in that type of environment, not just as it relates to our state Supreme Court but are pretty much everywhere so do you anticipate that politics and political affiliation are going to become an issue in this race for the High Court truth there will be that that will happen because you see advocates of both progressive agenda and a conservative agenda spending a lot of money on behalf of the candidates they choose, and this summer saying Scotty will most expensive judicial elections in the country and because of what's at stake. What happens with the North Carolina Supreme Court also was very interesting because court really has the opportunity to pick and choose which cases it decides to hear. For the most part, if it receives a an opinion from appellate courts doesn't always have to take them up on appeal. It has discretion, and in some cases and also there's no real timetable decides cases and so it's not like the US Supreme Court, for instance, when it lists its docket for the year it's going to rule all those cases, it was for some reason there's a divided court may decide to rehear this case I think and write on sometimes for years before the state Supreme Court will actually issue a ruling. And so they can stay can pick and choose timing based on politics based on situations of timeliness and so yes that's good that it partisan divide in the court can make a difference. Rick, we know that candidate filing for the seat begins at about 10 days from now on, on June 18. Once we have the field decided what these folks actually say as they're running for a seat. Well I can't really say anything. As with the federal judge who is waiting confirmation can't really say anything about specific cases they might be asked to rule on what they can do so I can give general statements of judicial philosophy. They can also talk about who their role models are on the bench who they would who they would like to be perceived to be like in the temperament and in the server philosophy as far as I can go. I know it's gonna be one of the many races that Carolina will be covering Rick Anderson, editor-in-chief of Carolina Journal thank you all the time we have for the program this week on behalf of my cohost Mitch Kovach. I'm Donna Martinez will join us again next week for another edition of Carolina Journal radio Carolina Journal radio is a program of the John log foundation to learn more about the John Locke foundation including donations support programs like Carolina Journal radio sending email to development John Locke done 66 JL left info 166-553-4636 Carolina Journal radio foundation airline is maintaining Carolina run all opinions expressed on this program nearly formation about Michelle or other programs foundation is three like to thank our wonderful radial airline and are sponsored Carolina Journal radio again


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