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Supreme Court justice seeks re-election
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Supreme Court justice seeks re-election
Newby talks about the law, his ties to Wilson




N.C. Supreme Court Justice Paul Newby sees his role on the high court as supportive of state law while remaining consistent.

Newby, of Raleigh, who also has family ties to Wilson, is seeking re-election to office in November and is being challenged by Sam Ervin IV, a N.C. Court of Appeals judge, in the nonpartisan race.

Newby was first elected to the Supreme Court in 2004 and serves on the seven-member court as an assistant justice. Newby’s seat is the only one on the 2012 ballot.

Newby, who sat down with The Wilson Times during a recent visit to Wilson, said he has a broad base of support from Democrats and Republicans because of his decisions that uphold state law and the Constitution.

He is being supported by former chief justices, judges, attorneys and state leaders, including former Gov. James Martin, Newby said.

"The reason that folks that practice law, regardless of political affiliation, support me is I am known to simply follow the law,” Newby said. "I am predictable. I am consistent and you want that in a judge.”

Newby is a conservative member of the judicial branch of government, which is tasked with carrying out the policies and laws decided by the General Assembly.

"I’m a conservative and what that means is I believe in the separation of powers,” he said. "I believe in judicial modesty. I believe the legislative branch is where you have policy debates and the judicial branch simply, fairly and impartially carries out the law as intended by the legislature and enforces the Constitution as intended.”

When making decisions, Newby said individuals should be granted a fair and impartial trial that is free from prejudicial error.

Two cases Newby said were important during his time on the Supreme Court involved legal wording for product liability for third parties, which he said supports businesses, and a decision of the court to allow law enforcement to stop a person for reasonable suspicion.

The Supreme Court’s unanimous ruling on product liability for a third party involved overturning a N.C. Court of Appeals decision that allowed a person to file suit against a company for a defective product, even after the product was modified by a third party.

"That was a very important decision with regard to North Carolina being a business-friendly state because had we ruled otherwise, then companies that were considering moving to North Carolina ... would have a serious issue,” Newby said. Newby also wrote a concurring opinion on the Supreme Court’s decision allowing law enforcement to stop a person for reasonable suspicion instead of probable cause, which involves witnessing a violation of the law.

Born in Asheboro, Newby, 57, was raised in Jamestown and received a bachelor’s degree in public policy studies from Duke University and a law degree from the University of North Carolina at Chapel Hill.

Newby’s career includes 19 years as an assistant U.S. attorney before being elected to the Supreme Court. He is an adjunct professor at Campbell University School of Law.

He is an Eagle Scout, received the Silver Beaver Award, Scouter of the Year Award and the Heroism Award for rescuing nine people from a riptide at Atlantic Beach. He also received the Constitutional Rights Award and Citizen Lawyer Award. He authored "The North Carolina Constitution with History and Commentary,” 2nd edition, set to be released in 2012.

His wife is Macon, a twin daughter of Garland Tucker Jr., the son of Garland Tucker who founded Tucker Furniture in 1886. The family-owned business is one of the oldest continuously run furniture companies in North Carolina that celebrated its 125th year in 2011. The company is now owned and operated by Edwin Tucker, Newby’s brother-in-law. Newby’s son, Peter, works at the Tucker Furniture warehouse in the summer.

Garland Tucker Jr., Newby’s father-in-law, was recently recognized with the Salvation Army’s William Booth Award after serving on the Wilson board for 55 years. He was also a leader who served on the Branch Banking and Trust board.

"Mr. Tucker did Tucker Furniture and then he was the last non-employee chairman of the BB&T board so he hired John Allison. He hired Kelly King. He hired Henry Williamson. The current leaders of BB&T, he hired when he was the BB&T board chairman here.”

BB&T chief executive officer Kelly King, a native of Zebulon, started his career in Wilson as a management trainee and became CEO of the banking institution in 2009.

rochelle@wilsontimes.com | 265-7818
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Karly Gillespie said...

Good luck Justice Newby! I look forward to your re-election.

Monday, July 23, 2012 at 2:11 PM
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