Sam Ervin IV, candidate for NC Supreme Court seat 5
Name: Sam J. Ervin, IV
Political party: Democrat
Age as of Nov. 8, 2022: 66
Campaign website: www.ervinforjustice.org
Occupation: Associate Justice, Supreme Court of North Carolina
Education: I am a product of the City of Morganton and Burke County public schools. I earned an A.B., magna cum laude, from Davidson College in 1978 and a J.D., cum laude, from Harvard Law School in 1981.
Have you run for elected office before? Judge, North Carolina Court of Appeals and Associate Justice, Supreme Court of North Carolina.
Please list highlights of your civic involvement: Served as an elder, deacon, and elective Sunday School teacher in the First Presbyterian Church of Morganton, North Carolina; a member of the Budget and Allocations Committee and the Board of Directors of the Burke County United Way; and a member of various committees of the North Carolina Bar Association, including, at different times, the Appellate Rules Committee and what is now the Committee on Judicial Independence and Integrity.
What reforms, if any, do you think could make the criminal justice system more fair?
Defining criminal offenses and prescribing punishments is a legislative and not a judicial function. I do not generally comment upon whether legislation should or should not be enacted to avoid undermining confidence in my ability to fairly and impartially decide the cases that come before me. The courts do need to do what they can to eliminate racial disparities in the operation of the criminal justice system, with the increased availability of implicit bias training being one way to do this.
Are the state’s courts accessible enough to average North Carolinians? If not, what are some improvements you will advocate for, if elected?
Access to justice is a real concern in civil cases, in which there is no right to court-appointed counsel. Expanding the use of fillable forms; using an electronic, rather than a paper-based, filing and storage system; and encouraging lawyers to provide more pro bono services can help alleviate this problem. Finally, while increased funding for Legal Services and reduced court fees would help as well, the legislative branch, rather than the courts, is responsible for providing such funding.
Tell us about a specific event in your legal career of which you are most proud.
I am, perhaps, most proud of my work on the 2002 Clean Smokestacks Act while I was a member of the Utilities Commission. Along with another commissioner and members of the commission staff, I helped draft the cost-recovery provisions of legislation that led to reduced air pollution, particularly in Western North Carolina, without increasing rates for North Carolina electric customers. As a Western North Carolinian, I am grateful for the improved air quality that resulted from this law.
