Monthly Archives: August 2017

I need a good statue – the ones we have don’t get the job done


My North Carolina heritage started in the mid-18th Century. After about 1760, my ancestors are from North Carolina all the way down.

Some of them were slaveholders, most not.

One, from Perquimans County, is identified as the first person in North Carolina to have liberated all his slaves because he concluded that slavery itself was immoral. Another, said to be the largest slaveowner in Guilford County, provided for his slaves to be liberated upon his death. This provoked litigation (to the Supreme Court) contesting his will by his disappointed son. His widow, evading local law enforcement, took off with the people to Ohio.

Others included founders of the North Carolina Manumission Society, secret participants in the underground railroad (a participant as best I can tell, it was secret after all), and abolitionists.

But, still others continued to hold slaves. And probably more than anything else my forebears were small farmers, laborers, teachers, and lawyers, preachers. One was an indentured servant.

When war came, two were Confederate officers: one was killed in a daring charge; another served for an initial term, then returned home to his family in Randolph County. Two more were private soldiers, one of whom spent much of his war as a prisoner, while the other one got trounced at Gettysburg then nearly starved to death on a long, solitary walk back to Edgecombe County.

Others opposed the war. One paid the fee that exempted members of peace religions from military service. He provided succor to deserters and escaped POWs for whom Guilford County was a gathering place. Another was imprisoned for refusing to serve in the Confederate army. He was tortured by his North Carolina neighbors at the infamous Confederate prison at Salisbury.

So, what is my heritage? What monument do I claim?

I am not unusual. North Carolina’s story was never one of united, unreserved support for the Civil War. It was never so simple.

Few, if any of us, tie back to only one narrative — or to a simple, narrow “heritage.”

Antonin Scalia advocated for support of legal aid, fundamental to justice

United States Supreme Court Justice Antonin Scalia believed that the Legal Services Corporation (and, by extension, its client, Legal Aid of North Carolina) pursue equal justice, which is

the most fundamental of American ideals and they pursue equal justice in those areas of life most important to the lives of our citizens. The bulk of [their] cases, if you look at their annual report, involve domestic violence, real estate foreclosures and evictions, child custody, and denial of veterans’ benefits, unemployment compensation, and other governmental benefits. More than a third of the cases closed by [Legal Services] grantees in 2013 involved family law and more than a quarter of them housing.

Scalia asked, “Can there be justice if it is not equal, can there be a just society when some do not have justice?”

And he answered,

Equality, equal treatment is perhaps the most fundamental element of justice. . . . And in today’s law-ridden society, denial of access to professional legal assistance is denial of equal justice.”

It’s fair (more than fair, it’s necessary ) to explore alternative means of delivering equal justice: technology, delivery of services by others than licensed lawyers, new sources of funding. Indeed, it’s reasonable to hope that those who develop new alternatives will be able to do it on a for-profit basis and make lots of money. (The scale is surely there.)

But it’s not right to cut funds before alternatives are available.

Justice Scalia said:

Equality … is perhaps the most fundamental element of justice.

NC legal system — invest or divest?

In the past year the North Carolina legislature enacted cuts or reductions (or proposed to) in the following, which might be characterized as the infrastructure of North Carolina’s legal system.

The number of trial court judges (emergency judges)

               The number of appellate judges

The budget (therefore staff) of the Department of Justice

Funds (therefore staff) for Legal Aid of North Carolina (formerly taken from filing fees)

Funds for the UNC Law School

Dues (paid by lawyers) that fund the North Carolina State Bar.

In periods leading to this year, North Carolina’s population has grown and its economy has grown. Commerce has picked up and unemployment has dropped. The State has pursued a policy of promoting trade and business investment in North Carolina by companies outside the state and outside the United States.

Unless North Carolina’s legal system was overfunded in the past, the conclusion might be reached that more, not fewer, resources are needed to maintain what we’ve got.

The American justice system is credited as a core element of the economic and cultural success of the United States. Enforcement of obligations (commercial and other) —predictably, impartially, efficiently and effectively — is a big part of what made America great.

And, actually, we are at a time when improvements are needed.