Is Charlotte getting its first Black US Attorney? South Meck grad is a top contender
In its 150-year history, the Western District of North Carolina has never had a U.S. Attorney who is Black.
That could be changing.
The Charlotte Observer has learned that federal prosecutor Dena J. King has emerged as a leading contender to replace her boss, outgoing U.S. Attorney Andrew Murray of Charlotte, according to three people familiar with the search who were not authorized to speak about the candidates.
In response to an Observer email Tuesday seeking comment, King said, “I appreciate your interest in me. However, I am not able to make any comments on this matter at this time.”
The office of U.S. Rep. Alma Adams of Charlotte, which has played a decisive role in compiling a list of Western District candidates for the White House to consider, did not respond to questions about the selection process.
Murray, an appointee of former President Donald Trump, leaves office effective midnight Sunday after four years as the top prosecutor for the 32-county Western District, which stretches from the metro Charlotte area to the Tennessee line. His top assistant, Bill Stetzer of Charlotte, will serve as interim U.S. attorney until a full-time replacement is confirmed.
If nominated by President Joe Biden and approved by the U.S. Senate, King would become the fourth woman to hold the Western District post but the first person of color.
The Western District is the last of the state’s three federal court districts to break the color barrier in the prosecutor’s office.
King would direct an office of 80 prosecutors and staff that operates in Charlotte and Asheville and serves an area of some 3 million residents.
It is not clear whether the White House is considering other names. But Mark Calloway of Charlotte, a former U.S. Attorney under President Bill Clinton more than a quarter of a century ago, expressed clear interest Wednesday in returning to his old job.
“It would be an honor to be considered, and it would be an honor to serve again,” Calloway told the Observer during a phone interview.
Calloway, who is white, declined further comment. He is a partner of the law firm of Alston & Bird and works out of the Charlotte office.
King already has the endorsement of Charlotte attorney James Ferguson, perhaps the state’s most prominent civil rights litigator. Ferguson told the Observer on Monday that it’s past time for the Western District’s top prosecutor to better reflect the diverse area the office serves.
“The system is long overdue to have an African American in the position,” Ferguson said. “I think she would be someone who would bring fairness and skill and sensitivity to that job.”
King’s emergence comes as the country continues to debate the future of the criminal justice system following months of protests last year over the police killing of George Floyd. Some who call for reforms say it’s time for federal prosecutors to move away from traditional tough-on-crime policies that disproportionately target minorities, put — and keep — too many people in prison and do not make communities appreciably safer.
In fiscal 2019, some 38% of those sentenced in the Western District were Black — more than twice the percentage of the district’s African American population.
The Biden administration and other Democrats have promised significant criminal justice changes, particularly to address systemic racism. Now they have their first major opportunity to back up their campaign promises as they begin to fill more than 90 U.S. Attorney posts around the country, including three in North Carolina.
“Personnel are policy. The decisions made by U.S. Attorneys on whether to handle cases have an enormous impact on local communities. And who fills those seats matters greatly,” said Miriam Krinsky, a former federal prosecutor who heads the California-based legal-reform nonprofit, Fair and Just Prosecution, and says she does not know King.
“... Justice would be better served by bringing in a fresh perspective. People of color are also disproportionately impacted ... yet have too long not had a seat at the table in many states, including North Carolina. It’s time to do better.”
Is diversity enough?
On paper at least, King, a career prosecutor, does not meet the nontraditional mold some reformers say is needed for a modern-day U.S. Attorney. Legal observers say she has largely kept a low profile since joining Murray’s office, making it difficult to glean a prosecutorial style or philosophy.
Robert Dawkins, political director of Action NC, said Tuesday that appointing a person of color to serve as the Charlotte region’s top federal prosecutor is a belated but significant step forward. But in a statement to the Observer — which he says was not specifically aimed at King — Dawkins said diversity is not enough.
“A career prosecutor who hasn’t demonstrated any commitment to really examining the policies and practices that have fueled mass incarceration and increased distrust between communities and law enforcement isn’t the answer,” he said.
“Where have they been on the issues that are front and center in Charlotte and across the country right now? What is their vision of public safety? Do they believe in rehabilitation and redemption? Do they even agree that mass incarceration exists? We need to know. If they are going to just continue with business as usual it would be a massive mistake and missed opportunity.”
Ferguson, who says minority residents of the Western District have suffered for too long from “antiquated notions of justice and safety,” believes King will not be tied to traditional policies. He says she already has the backing of some prominent members of Charlotte’s Black community.
“I think she will be someone who would bring fairness and skill and sensitivity to that position,” Ferguson said. “A sensitivity to what it means to be an African American in this society, a sensitivity to the fact that the picture we have of African Americans going through the criminal justice system is not a pretty one. A sensitivity not just on who to prosecute but in trying to understand how they got where they are, and what are their prospects to become productive citizens.”
South Meck grad
King is a South Mecklenburg High School graduate and a former prosecutor at the Mecklenburg County District Attorney’s Office. She joined Murray’s federal office on West Trade Street in September as deputy criminal chief of violent crimes and the lead attorney for the Organized Crime Drug Enforcement Task Force and Narcotics Team, according to her resume.
Before that, King spent six years as a prosecutor with the Eastern District of North Carolina in Raleigh where she specialized in narcotics cases and coordinated re-entry programs for defendants.
From 2009 to 2014, King served as a securities enforcement attorney for the N.C. Secretary of State where she handled both criminal and administrative cases.
After getting her law degree from N.C. Central University in 2006, King spent about 15 months as a prosecutor in the Mecklenburg DA’s office, according to her resume.
Deputy Mecklenburg District Attorney Bruce Lillie, King’s supervisor at the time, described her as “someone who had a maturity and perspective beyond her years. I always knew that every case she handled would be dealt with fairly and skillfully.”
Because of King’s abilities, Lillie said he made it a point to give her jury trial experience in Superior Court as soon as he could.
“I think the world of Dena, and I’m pleased that someone with her integrity is being seriously considered for this position,” Lillie said. “She’s an outstanding attorney in every respect, and I think this community would be well served.”
This story was originally published February 24, 2021 at 6:00 AM with the headline "Is Charlotte getting its first Black US Attorney? South Meck grad is a top contender."
