N.C. Advocates for Justice
DATE: Dec. 16, 2009
CONTACTS: Dick Taylor, 919-835-2800
Dave Pishko, 336-724-2828
Peggy Abrams, 919-755-9166

Governor’s conduct inconsistent with oath

RALEIGH — The North Carolina Advocates For Justice has expressed outrage over Gov. Bev Perdue's latest comments on the release of life-sentenced inmates seeking their freedom based on court rulings and state law dating back to the 1970s.

David Pishko, a Winston-Salem attorney who is president of the NCAJ, said Wednesday that Perdue's public statements on the issue are "irresponsible, unacceptable and contradict her inaugural pledge to uphold the Constitutions of the United States and North Carolina." He added that Perdue's public comments are inconsistent with her pledge to be faithful and bear true allegiance to the state and its constitutional powers and authorities.

Pishko and other NCAJ leaders say the Governor's comments are inappropriately critical of the constitutional powers and authorities of the Judiciary — an independent branch of government.

Specifically, the NCAJ says, Perdue's recent pronouncements about the case of State v. Bowden and the related civil cases of Faye Brown and Alford Jones are inconsistent with her oath to uphold the law and to protect the Judiciary.

“It is entirely unacceptable for Gov. Perdue to attempt to pressure trial judges and appellate judges with such irresponsible remarks," Pishko said. "Matters of law such as these issues should be determined based on the constitution, the law and the facts. Gov. Perdue’s remarks appear to be an intolerable effort to sway the trial courts and appellate courts to get a result she wants rather than a result mandated by the law.”

In Bowden, the North Carolina Court of Appeals and Supreme Court held that a life sentence entered between 1974 and 1978 was defined as a term of 80 years for all purposes and instructed the trial court to determine the sentence reduction credits and compute a release date. In the Brown and Jones cases, a Superior Court Judge after briefing, evidence and argument ruled that Brown and Jones were entitled to be released from prison.

The Governor’s initial response to the Bowden case was that the decision was “unacceptable” and that she was considering defying the courts. She said: “Letting them out is not going to be the answer that I am going to be able to live with. In other words, if I go to jail, are you going to visit me? Somebody said they were going to bring me cookies." A week later, she put the matter in a more appropriate posture by saying that her attorneys would raise legal issues in the courts.

The North Carolina Advocates for Justice then called on state officials to respect the Rule of Law and the constitution by following the law as it is, not as state officials wish it to be.

Article I, Section 21 of the Constitution of North Carolina guarantees every person restrained of liberty the right to a remedy if that restraint is unlawful. That is the privilege of the ancient writ of habeas corpus. Faye Brown and Alford Jones filed writs of habeas corpus and a Judge has issued his ruling that the law is clear and Brown and Jones should be released.

That ruling prompted the Governor to proclaim that she was “furious” and “disgusted” about the decision — and that it was “wrong.” She also said, “This is not how the government and the courts are supposed to work.”

The NCAJ leadership disagrees. Instead, it asserts that this is precisely how the government and courts are designed to work.

Separation of powers and the independence of the judiciary are hallmarks of freedom and our state officials must respect those principles. The cost of failing to uphold such principles will undermine the Rule of Law, the cornerstone of democracy, said Dick Taylor, CEO of the NCAJ.

"A judiciary that can ignore the law or choose which laws to follow is not one that can guarantee our freedoms," Taylor said.

At stake is the freedom of several life-sentenced inmates who, pursuant to regulations of the state Department of Correction, have earned early release because of good behavior credits, according to recent decisions of the courts. The law is the law, say their advocates — including NCAJ — and any attempts to circumvent it is inappropriate.

"The issue here is the Rule of Law," said Pishko. "We are a free people because we are ultimately governed by the law and not the whim of public officials. Once again, we call on the Governor and other state officials to respect the Rule of Law and the judges who interpret the law. We ask that they follow the constitution and the law as it is written, not as they would like it to be."

During her inauguration on Jan. 17, 2009, Perdue pledged the following:

"I, Beverly Eaves Perdue, do solemnly and sincerely swear that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me God."

The NCAJ is an association of attorneys whose mission is to protect people's rights. Based in Raleigh, it represents roughly 4,000 attorneys across North Carolina.