Observer endorsements: Our choices for Mecklenburg judicial races

Mecklenburg voters have difficult decisions to make in two judicial primaries, one for Superior Court and one for District Court. Here’s how we see the races.

Superior Court

Republican primary voters face one of the most difficult choices in any race, judicial or otherwise, as sitting Superior Court judge Casey Viser takes on District Court judge David Strickland.

Both judges are highly regarded by their peers for their integrity and professionalism, although Strickland has enjoyed slightly higher ratings in past N.C. Bar surveys of peers. (The Bar did not conduct surveys for this election.) Both judges also are solid conservatives, with neither straying far from what the law says in their rulings.

Strickland, who has been lead juvenile judge and has presided in Family Court and other areas, brings a thoughtful approach that balances a commitment to public safety with a willingness to craft rulings that help the people before him. Viser, who was appointed to his current role, brings almost 20 years of Superior Court experience as an attorney and judge, and he’s given voters no reason to remove him from the bench. We give a very slight nod to Viser.

District Court

Races for District Court — which handles family law, juvenile justice, criminal misdemeanors and civil cases involving less than $25,000 — generally don’t get much attention. But incumbent judge Aretha Blake has found herself in the spotlight in her Democratic primary race against Charlotte attorney Lynna Moen.

Blake was the subject of a WBTV report alleging that she mismanaged and failed to rule on dozens of cases during her time in Family Court. A subsequent Charlotte Observer investigation, published Thursday, could not verify some of the WBTV reporting, but what reporter Michael Gordon did find was troubling.

In 2018, Blake received a “Writ of Mandamus” from the N.C. Court of Appeals, an uncommon rebuke that gave her 30 days to rule on a divorce case she had heard more than a year earlier. Attorneys also told Gordon that Blake dragged out Family Court cases, which often involve wrenching disputes over matters such as divorce and child custody. Such delays can have significant emotional and financial impact for families. Blake told the Editorial Board Friday that she hadn’t read the Observer’s report.

Blake has her supporters, who say she’s a smart and thoughtful judge, and her issues in Family Court may in part be systemic. The Observer found three Mecklenburg Family Court judges were publicly sanctioned for late rulings in 2018, and public records show that nearly one-third of all pending Family Court cases in 2019 were more than a year old. Blake, who has since moved to juvenile court, told the Editorial Board there are challenges with Family Court resources, budgeting and processes.

Blake’s challenger, Moen, is a Charlotte School of Law graduate with a successful history in both business and law. Moen, who has her own practice, has been recognized as a “rising star” by the peer-review organization Super Lawyers. She also was recognized by the North Carolina Pro Bono Honors Society for providing 50 hours of pro bono legal representation in 2018 along with her paid caseload. “I’ve shown I’m very capable of managing a lot and doing it efficiently,” she told the Editorial Board.

Mecklenburg’s District Court is among the most diverse in the state, and we believe that’s a good thing. Those who also value diversity may understandably be inclined to give Blake a chance to prove herself in juvenile court, where she says she’s had no issues. Efficient courts and judges are critical to a healthy community, and Moen has demonstrated her capability to handle workloads. We recommend her in the Democratic primary.

This story was originally published February 29, 2020 at 12:00 AM.