| Home / College Guide / Candidate profile: Tim Smith |
| Posted on Saturday, February 22 @ 00:00:23 PST |
Tim Smith
Address: 429 Cabin Street, Pink Hill, NC 28572
Email address: smithandblizzardpa@hotmail.com
Phone number: 910 298 2122
for the Fourth Judicial District
Incumbent: Yes
Best way for voters to contact you: Elect Judge Tim Smith Facebook Page
Why are you running?
I am your sitting District Court Judge and I am seeking to retain this position because of my experience, the fact that I was asked to seek this position by the vast majority of my peers, and because I enjoy not only the work but the people I work with. I have practiced in the district courts of nearly a third of the counties in North Carolina. I have enjoyed a private practice located in DUPLIN County for nearly 34 years. The majority of my practice of law is most likely behind me, but I have gained considerable experience as an attorney and counselor at law, a Commissioner for Duplin County for 4 years and child support attorney on behalf on Onslow County for in excess of 20 years. I was the County Attorney for Duplin County for 13 years, representing not only the Board, but also every department and associated agency. For the past 20 years prior to taking the bench, Melissa B. Stevens, the best domestic attorney I know, and I formed Smith and Blizzard, P.
A. and provided quality legal services to thousands of clients always remembering our roots. Melissa is also a life long resident of Duplin.
A great deal has changed in 34 years with the court system, primarily the sheer volume of cases handled by all personnel of the court, from the bailiffs to the judge. We are fortunate to have fine bailiffs in the counties I preside in, but the judge’s responsibilities have also become much more demanding. At least half of my time is spent managing the calendar for the day, endeavoring to make sure each citizen is treated with respect and feels at the end of their case, whether they were successful or not, that they were given a fair shake by a judge and system that listened to victims, defendants and hears each case impartially, with an unbiased ear toward reaching justice. I am very proud of the job I do and I want the people that appear in front of me to know I care about their case and I want and will handle it in accordance with law.
I was born on the family farm where I still reside in Duplin County. I am 60 years young, married, 2 children and have 2 Ninja Warrior grandchildren. I started working at age 7, yes 7. Drove the tractor in the field to put in tobacco.
That was my first job and to this day the most physically demanding job over all I believe exists. But I still hold some very good memories from the tobacco field. I farmed from then through high school. I am a 1978 graduate of East Duplin High School, a 1982 graduate of East Carolina University with a Bachelor of Science in Business Administration. Each summer of college and nearly every weekend, I returned home to farm.
I began my legal education at Campbell University in the summer of 1983 and was a graduate of the 1986 Class With Honors. After passing the Bar that summer, I returned home and opened up my own law office. I have always been a conservative. I borrowed 2000 dollars to start my practice, painted and repaired a small office in Kenansville, repaid the loan in 6 months and didn’t borrow again except for my house, couple of cars, and my law office. I worked 7 days a week. I hated debt. I became the young lawyer lots of attorneys turned too with legal questions since I worked so hard and had just finished school. I have to say thanks to all those that helped me those first few years, many of whom have predeceased me, but are in my thoughts daily. The Honorable Rusty Lanier.
Pot Craft. The Honorable Henry L. Stevens III. The Honorable Doug Parsons. The Honorable Henry L. Stevens, IV. All of these and many others helped make me the lawyer I am today. I hope I have and was able to repay them in some fashion.
I practiced in every area except bankruptcy. District court was always my bread and butter. I continued to farm for couple of years because it was part of me and I enjoyed it. I still grow coastal Bermuda hay. Can’t get it out of my system. I have been very successful and very blessed at the same time. I’ve handled personal injury cases. I tried my first murder case just 2 years out of law school. I have appeared in Federal Court several times representing criminal defendants. The truth is though the pro bono cases I’ve handled over the years were some of the most rewarding. Many of those were criminal defendants with little hope in their future and I was able to help turn their lives around. The work is confidential, but my reward was priceless.
Though I didn’t work for awards, I am very proud to say that the week I learned I was to be appointed to this judges position, I also learned I had been chosen as a 2019 inductee into The North Carolina Bar Association Legal Practice Hall of Fame.
I share that position with approximately 260 out of 28,000 plus or minus practicing attorneys in North Carolina.Though I didn’t seek this recognition, I am deeply grateful for having been chosen by my peers.
By far, the biggest issue facing the 4th judicial district is the same issue facing the state correctional system in general. There are not enough facilities, personnel, mental health facilities, jail space, prison space to deal with the criminal defendant population. Socioeconomic conditions such as poverty, drug abuse,mental health issues, broken or nonexistent family structures nearly always end up on the wrong side of the law. Domestic violence, juvenile crime, DSS Protective Service Units are all slammed with more clients than they can possibly handle. I know the question asked for the biggest issues, but each of these and other issues are too big to handle under the current situation. It’s just a fact.
A smaller, but just as serious a problem, is people abusing the system. Domestic violence is a real issue, but so many times people take out charges, get law enforcement involved, get magistrates involved, get the district Attorney and district court involved then turn around and wish to dismiss the charges.
It happens time and time again. And I make prosecuting witnesses pay the court cost to have the charges dismissed. So do other judges.
It is not unusual in Onslow County, for example, to have two criminal court sessions going at one time. With 700 cases on the calendar, the only way to deal with these numbers under current conditions is to retain quality, experienced, hard working personnel to do the job. THERE IS NO SUBSTITUTE FOR EXPERIENCE. To be an effective judge, you must be able to do 2 or 3 thing at one time. Maintaining order in the courtroom, signing documents constantly, doing jail cases, first appearances, assignment of counsel, hearing probation violations, trying cases are all done in just a normal day of criminal court. And it’s not just the judge working, clerks, bailiffs, probation officers are all part of a system that has no end. But I must say, our district has the most efficient personnel of any place I have been in 34 years. I have seen people assaulted in court and I have been assaulted in court. No, it’s nothing now to compare with the court system I started practicing in.
That is a very good question. We are the last state in the nation to raise our juvenile law age to 18.
Before I talk about raising the age, I want to share just a little prospective on juvenile court in general.
Juvenile court in most of our counties presently has just 1 juvenile intake officer. The entire office may be 3 people. We already have juveniles under the old system that are not, in my opinion, benefiting from the various options a probation officer has to offer because of the issues I raised on the question regarding the biggest issues facing the court. Some are much more dangerous that adult offenders I’ve seen in court. Gang activity is prevalent in the circles the young people run in when they are not appropriately supervised at home. I just say this to let you know there is already a juvenile crisis brewing in our district.
Will raising the age of juveniles help the situation? I will try to be optimistic, but I really doubt it. We’re just moving the place where these juveniles will be prosecuted. It’s going to take a huge amount of new or relocated facilities for the state. It will give rather youthful offenders a way, should they decide to take it, to keep charges or convictions off of their permanent record, but I think the jury is still out on what effect, if any, it will have on crime in our counties.
Only time will tell. I can tell you that I believe some of the juveniles that have appeared before me, the law wouldn’t let me detain them nearly as long as they needed locking up to get their attention. Not even close.
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