Showing posts tagged “NC General Assembly”

Race for sheriff, at-large BOCC seat highlight Orange electoral slate

Joe Schwartz · 1 Mar 2010, 5:57 PM · 1 Comment


Twenty-eight candidates are vying for 16 seats tied to Orange County this election season. This cycle, which centers on a May 4 primary and climaxes during the Nov. 2 election, features a crowded race for a spot on the Orange County Board of Education and experienced contenders competing both in the sheriff and county commissioner at-large races.

Lindy Pendergrass, who won his first term as Orange County sheriff back when Michael Jordan hit the shot to down Georgetown, is seeking his eight term and will square off against Hillsborough Police Chief Clarence Birkhead in the democratic primary. Republican Buddy Parker, who lost to Pendergrass in 2006 and earned just 19 percent of the vote, awaits the winner in the general election.

Meanwhile, the Board of County Commissioners race will see three-term incumbent Barry Jacobs face a challenge from former Hillsborough Mayor Joe Phelps and current Carrboro Alderman Joal Hall Broun in contest for the at-large seat. Long-time incumbent Alice Gordon doesn’t face competition for the District 1 seat and three newcomers, Earl McKee and Renee Price on the Democratic side and Greg Andrews on the Republican end, are seeking the District 2 slot.

District 1 consists of Chapel Hill and Carrboro and two-thirds of the Chapel Hill Township, while District 2 makes up the northern parts of the county.

Candidates have a one-in-two shot to gain a seat on the Orange County Board of Education with eight hopefuls eyeing one of four seats. Two incumbents, Chairwoman Anne Medenblik and second-term hopeful Debbie Piscitelli, face Will Atherton, Brenda Stephens, Laura Nicholson, Donna Coffey, Keith Cook and Charles Williams.

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Avoid the lines, run for Orange County office

Joe Schwartz · 11 Feb 2010, 5:29 PM · Comment


It’s a slow news day down at the Orange County Board of Elections with only two candidates filing for office. N.C. Speaker of the House Joe Hackney surprised no one by declaring his intent to run for a 16th term. Newcomer Renee Price signed up to run against fellow challenger Earl McKee for a county commissioner seat in district two.

“We’ve had a quiet day,” said Tracy Reams, Orange County Board of Elections chairwoman. “We’re hoping to get some more candidates in here. I think when you have races that are opposed, more people feel like their vote matters.”

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Kinnaird to run for eighth term

Joe Schwartz · 6 Jan 2010, 12:44 PM · Comment


State Senator Ellie Kinnaird will seek another term, she announced today. 

Kinnaird, who represents Orange and Person counties, considered retiring two cycles ago, but ran again after she couldn’t find a female willing to run for her seat. Now, buoyed by recent success with the Racial Justice Act and the anti-bullying bill and a change in Senate leadership, she says she’s eager for the campaign ahead.

“Certainly it’s a tough decision every time, but I felt at that time I was not able to move forward with some of the issues that I thought were so important, and we really turned that around,” she said.

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Perdue signs Racial Justice Act into law

Matt Saldaña · 11 Aug 2009, 5:19 PM · Comment


Today, Gov. Beverly Perdue signed into law the Racial Justice Act, saying the bill’s passage “ensures that when North Carolina hands down our state’s harshest punishment to our most heinous criminals – the decision is based on the facts and the law, not racial prejudice.”

Perdue’s signature, which follows a dramatic 25-18 N.C. Senate vote, makes North Carolina only the second U.S. state to pass legislation that allows capital defendants to present evidence–including statistical data–arguing that race was an underlying factor in the decision to seek, or impose, the death penalty at the time of their trial. Previously, defendants could only make a claim of racial discrimination based on explicit evidence of racism in the courtroom.

The law gives current death-row inmates one year to file a claim, and allows all other capital defendants to present such a claim during pre-trial hearings, or following the sentencing phase. If a judge is satisfied that the defendant has proven race was an underlying factor, despite counter-evidence presented by the prosecution, he or she can reduce the sentence or the charge to life in prison without the possibility of parole.

Press releases from the Governor’s office, Amnesty International, and the N.C. NAACP, after the jump: Continue reading »

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Republican Leader: If Racial Justice Act passes, ‘blood thirsty criminals’ win

Matt Saldaña · 16 Jul 2009, 6:20 PM · 5 Comments


Minority House Leader Paul Stam (R-Wake) was silent during yesterday’s floor debate leading up the House’s 61-54 vote to approve the Racial Justice Act, which would prevent the execution of defendants who can prove race was an underlying factor in the decision to seek, or impose, the death penalty at the time of their trial.

But today, Stam fired off a press release (PDF, 142 KB) saying, essentially, that the blood of future murder victims is on the hands of the 61 Democrats who voted for the bill.

Note that’s future victims–meaning they do not actually exist. Nevertheless, Stam said these hypothetical victims, which he estimates to be “150+,” are “primarily African American.”

Stam’s figure arrived, through several permutations, from a University of Houston study that claims to be able to calculate the number of likely murders that occurred as a direct result of Texas’ temporary moratorium. The study’s principal argument is based on the claim–in dispute among criminologists and social scientists–that the death penalty acts as a deterrent on crime. Stam prorated the study’s finding of moratorium-induced deaths–90–for North Carolina’s population and the comparative length of its ongoing moratorium, in place due to legal challenges since August 2006.

In a May 2009 press release (PDF, 146 KB) co-authored by Sens. Phil Berger and Eddie Goodall, Stam claimed that each year North Carolina has had a de facto moratorium, 25 additional murders have resulted, totaling 75 murders. Yet in today’s press release–which carried only Stam’s name–that figure doubled, to 50 murders per year, as a “conservative estimate.” Without any factual basis, Stam then estimated that the Racial Justice Act would extend the state’s de facto moratorium by “3 to 4 additional years,” directly leading to more than 150 additional victims.

“We do not know their names, yet, and may never know their names because this is only the excess number of homicides caused by this moratorium,” Stam said. “But they are real people whose families will grieve over their deaths.”

Multiple studies have shown no correlation between a death penalty and a deterrent to homicide. According to FBI statistics over the past 20 years, states without a death penalty have had consistently lower murder rates than states that do—although this data does not necessarily prove or disprove any correlation.

In addition, Stam greatly exaggerated the estimated financial impact of the Racial Justice Act. In a fiscal note attached to the bill, the N.C. Administrative Office of the Courts (AOC) predicted additional costs would total between $2.4 million and $6.2 million within the first year, consisting mostly of defendants already on death row, who have one year to file a claim. The N.C. Department of Justice estimated the additional costs for the 163 defendants on death row to be $4 million. By contrast, Stam claimed the bill would cost “tens of millions of dollars,” due to additional hearings expenses for these defendants alone. Continue reading »

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Despite resistance from Republicans, N.C. House passes Racial Justice Act

Matt Saldaña · 16 Jul 2009, 3:54 AM · 2 Comments


On Wednesday the N.C. House passed the Racial Justice Act, despite a last-ditch effort by House Republicans to characterize the bill as a potential drain on the justice system, and a ploy to abolish the death penalty altogether. The bill, which N.C. Indigent Defense Services estimated would save the state money in capital trial costs, would not overturn capital punishment in North Carolina. Instead, it would prevent the execution of defendants who can prove race was an underlying factor in the decision to seek, or impose, the death penalty at the time of their trial. These defendants would instead be tried, or sentenced, to life in prison without parole. The bill now moves to the Senate for concurrence, in order to resolve differences between the two chambers’ votes: the Senate version contains unrelated clauses that would ensure the resumption of the death penalty–currently on hold in North Carolina due to legal challenges–while the House version does not deal with the matter.

“Clearly, the House understands that race is still a factor in [capital] sentencing decisions,” Jeremy Collins, campaign coordinator for the N.C. Coalition for a Moratorium, said after the 61-53 vote, which was later adjusted to 61-54. He added: “We’re hopeful the Senate will concur.”

A day after combative debate on the House floor, including a claim by Rep. Paul Stam (R-Wake) that the bill would force prosecutors to sentence more white people, and women, to death, in order to fill racial and gender quotas, the House Minority Leader was silent. Instead, Republicans tried to convince pro-death penalty Democrats to join their side. (Three Democrats voted against the bill; no Republicans supported it.)

“For those of you who support the death penalty, and support this bill, I’d like to address my remarks to you,” Rep. Leo Daughtry (R-Johnston) said, before arguing that Racial Justice Act claims would “clog our system up to the point where we will no longer have a death penalty.”

Yet, Rep. Grier Martin (D-Wake) insisted the distinction among the bill’s supporters was moot.

“It’s entirely possible that someone supports the death penalty out of a strong sense of justice,” he said. “It is not a paradox, and in fact I think it’s entirely consistent with that same sense of justice … that they also be driven to not see the death penalty implemented in a way that executes someone who is innocent, or in this case, reflects the racism that we all know still lingers in our society.” Continue reading »

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N.C. House to vote on Racial Justice Act

Matt Saldaña · 15 Jul 2009, 1:17 PM · 1 Comment


The N.C. House has announced that the Racial Justice Act will come up for a third and final reading during today’s regular session, scheduled for 3 p.m. Senate Bill 461 would prevent the execution of defendants who can prove race was an underlying factor in the decision to seek, or impose, the death penalty at the time of their trial. If convicted of first-degree murder, these defendants instead would be sentenced to life in prison without parole.

Last night, members of the House defeated an amendment that would have reduced the scope of the bill and re-referred it to the Appropriations committee, by a vote of 58-58.

Instead, House Democrats voted to pass a “clean” version of the bill that does not contain controversial clauses that would ensure the resumption of the death penalty in North Carolina; that bill now comes up for a final House vote tonight. Previously, the N.C. Senate passed a version of the bill that does contain these clauses, meaning that an ultimate resolution must be struck either through amendments in the Senate, or in conference committee.

Last night’s debate included re-hashed, and factually inaccurate, claims by Minority House Leader Paul Stam that the bill would require local districts to execute more white people, and women, the N&O and AP report. In fact, the bill would allow defendants to present statistical data to support a claim of racial bias; judges would then rule whether such a claim was valid. It would not require prosecutors to seek out death sentences based on race, but instead ensure the practice does not exist.

For background on the bill, see the Indy’s previous coverage.

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Falls Lake beaches close due to high bacteria levels

Matt Saldaña · 9 Jul 2009, 4:58 PM · Comment


Photo by Matt Saldaña

Snake-birds at Falls Lake. Photo by Matt Saldaña

Wake County has closed two recreational swimming areas at Falls Lake indefinitely due to high levels of disease-causing bacteria. The beaches, Beaverdam and Sandling, are each located on the northern shore of Falls Lake, next to Highway 50, which cuts across Raleigh’s drinking-water source to the east. This is the fourth time this summer that Wake County has shut down beaches (xls, 32 KB) at Falls Lake due to high levels of bacteria, according to records provided to the Indy.

In its most recent finding, Wake County detected levels of the bacteria, enterococci, that were more than twice the EPA-recommended limit at Beaverdam Beach, and more than 1.5 times the limit at Sandling Beach. Enterococci indicate the presence of  fecal matter and directly correlate with gastro-intestenal complications such as vomiting and diarrhea. According to the Environmental Protection Agency, sources of the bacteria (PDF, 168 KB) can include agriculture-related runoff such as animal manure, as well as “improperly functioning wastewater treatment plants, leaking septic systems, and storm water runoff.”

Since the late 1990s, portions of Falls Lake have been classified as impaired by the EPA due to runoff from development. In its draft 2008 Impaired Waters report, EPA listed the entire lake as being impaired, meaning it is in violation of the federal Clean Water Act.

A stakeholder process to develop a clean-up plan for Falls Lake–similar to that for Jordan Lake–has been underway for several years. The N.C. Department of Environment and Natural Resources (DENR) has requested that the deadline to develop clean-up rules be delayed until 2011, though activists say the protections must begin no later than 2010.

“There’s an effort in the Legislature to try and do everything possible to speed up the Falls Lake rules process,” Elizabeth Ouzts, state director for Environment North Carolina, told the Indy. “One [idea] is to get temporary rules in place by early January [2010] that would at least provide some protections to the lake while the rules are finalized, and then hopefully the final rules would be done by Fall of next year.”

Like Jordan Lake, Falls Lake is in violation of EPA standards due to the presence of algal blooms, caused by runoff from development. Roads and roofs and other impervious surfaces are the largest sources of pollution; they prevent water from being naturally cleansed of pollutants, which then drain into the lake and kill or damage aquatic life. Discharges from wastewater treatment plants, and other sources of pollution, further contribute to algal blooms.

In addition, portions of the lake have violations due to high turbidity, or excess sediment, also caused by runoff from development and wastewater discharge. According to the EPA, high turbidity increases water temperature, thus reducing the amount of oxygen in water and harming aquatic life. It also reduces the amount of natural sunlight that penetrates water, further decreasing oxygen production and photosynthesis. In addition, high levels of turbidity can kill fish by clogging their gills, lowering their resistance to disease, and smothering their eggs.

Read the Indy’s account of a turbidity-filled day at Falls Lake.

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House committee narrowly approves Racial Justice Act; cost estimates released

Matt Saldaña · 30 Jun 2009, 8:01 PM · 3 Comments


By a 7-6 vote, the House Judiciary I Committee approved a “clean” version of the Racial Justice Act (SB 461), which would prevent the execution of defendants who can prove race was an underlying factor in the decision to seek, or impose, the death penalty at the time of their trial. The committee had previously passed a similar House version of the bill.

The bill the House J1 Committee approved today does not include controversial clauses that would ensure the resumption of the death penalty in North Carolina, which were added on the Senate floor but later removed in the House Ways and Means Committee. It also contained several technical amendments to the version Ways and Means had passed. The bill now heads to the House Appropriations Committee, before coming up for a vote on the House floor. If House members succeed in keeping the bill free of the execution amendments, a compromise will likely need to be struck in conference committee.

After a discussion by committee members, Committee Chair Deborah Ross asked if anyone in the audience wished to speak against the bill. Nobody raised his hand.

Rep. John Blust (R-Guilford) offered an explanation: “People might not like the idea of coming forward and being against something that’s titled ‘the Racial Justice Act.” He added:

If we really want to talk about racial justice we need to think about the people out there right now, in the various communities in this state, some of whom live in very rough communities and face a survival question day-to-day, at the hands of people who often prey on them. And it’s those African-American citizens, out in the community, that I have more concern about their racial justice, to be able to live their lives. That’s going to be impacted with the DA’s having to look over their shoulders in prosecuting capital cases from now on.

The Rev. William Barber II, president of the NAACP state chapter, walked to the podium to debunk the concern: “African-Americans want to see this passed.”

In an interview after the vote, he cited better schools, jobs and economic development–not the death penalty–as “the deterrents that we need in regards to the issues [Blust] was talking about.”

“The African-American community is somewhat conservative, when it comes to crime,” he said. “We believe, if you do the crime, you ought to do the time. What we fight for is there not being one system of sentencing for black folk, and then another system for others.”

He added: “No prosecutor that’s really interested in justice is worried about anyone reviewing what they have done.”

Meanwhile, a fiscal note (PDF, 96 KB) has been added to the Racial Justice Act’s ncleg.net page, including broad estimates on the cost of implementing the bill. N.C. Indigent Defense Services estimated “there will likely be a net savings associated with implementing the bill,” due to the removal of trial and post-conviction appeal costs when defendants successfully make a Racial Justice Act claim, meaning they would instead be sentenced to life without parole, or, if their trial has not yet begun, tried for life without parole. Continue reading »

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N.C. Senate passes Jordan Lake Rules

Matt Saldaña · 17 Jun 2009, 5:31 PM · Comment


Update (6/19/09): The House chamber will vote on Monday, June 22, whether to approve the Senate’s technical changes to HB 239–the final vote required before the bill is presented to the Governor for approval. The House previously voted 106-8 to approve a similar version of the bill.

Today, the N.C. Senate approved House Bill 239 (also known as “Restore Water Quality in Jordan Reservoir”), which would allow a state-mandated pollution-reduction program for Jordan Lake to go forward, while curtailing some of its reach. A critical drinking-water source for the region, Jordan Lake has been on the EPA’s Impaired Waters list since 2002, due to pollution from development. (For more background, see the “Jodan Lake rules” tag on Triangulator.) The House previously approved a similar version; the bill is headed there for a final vote, in order to approve technical changes to the bill’s language, before ratification.

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