Thread: NC: Judicial candidates spar over immigration

Judicial candidates spar over immigration

August 9, 2008 - 11:04PM
Robert Boyer / Times-News

NC: This is one nonpartisan race with a distinctly partisan feel.

Recent published comments by district court judge candidate Keith Whited have called into question the role local judges should play in stemming the tide of illegal immigration, and the commitment District Court Judge Tom Lambeth brings to the issue.

Whited, a Burlington attorney who is the chairman of the county health board, has made immigration-law enforcement one of the pillars of his campaign to wrest the judgeship from Lambeth.

In the runup to the Nov. 4 election, both the candidates have rendered some less-than-flattering judgments of the other.

In the May newsletter published by the county Republican Party, Whited wrote: "We have an invasion of illegal immigrants who have committed crimes and pass through the courthouse every day. My liberal opponent does nothing to identify the people who are in our country illegally committing crimes, then processed by Sheriff (Terry) Johnson through the 287(g) program.

"If you will help me," Whited continues, "I pledge to identify and process illegal aliens who are violating our laws through (the) ICE program here in Alamance County. This is not just federal law enforcement's job, it's the job of all our public servants."

LAMBETH SAID HIS role is to render fair and impartial judgments on illegal immigrants and anyone else charged with violating state law. Those held at the county jail on federal Immigration and Customs Enforcement detainers who come before him "typically plead guilty" to state charges, then are turned over to federal authorities and eventually deported through 287(g). "That's the role that the judges play, and that's what we do on a daily basis," Lambeth said.

Lambeth takes issue with Whited's contention that he is soft on illegal immigration. "I think Mr. Whited has a misunderstanding about what district court judges do, (and) doesn't come to district court very often," Lambeth said. "I think he needs to run for Congress, or for the state legislature or for the county commissioners. He does not have a clear understanding of the role of a district court judge with the things he said in that letter."

After Whited filed to run against him, the defense attorney could not appear before him in a case, Lambeth said.

But in the six months Lambeth served as a judge before the filing, Whited "didn't handle one single matter in front of me" and therefore "doesn't have any idea what goes on in my courtroom," Lambeth said.

Whited's comments are an election ploy to improve his chances at the ballot box, Lambeth said. "That's exactly what it is."

Lambeth said he doesn't shirk his duties when it comes to immigration-related decisions or any other matter of law. "I handle my job very diligently, as do the other (district court) judges. We're following the law that we were sworn to uphold."

A STRONG EMPHASIS on illegal immigration enforcement is "absolutely" within the scope of a district court judge's duties, but is not a job requirement, said Dick Ellis, a spokesman with the state Administrative Office of the Courts in Raleigh. "It's a judge's responsibility as a sworn officer of the court to uphold the law," Ellis said.

A judge can ask that defendants be identified and processed to determine residency and immigration status. And while judges must follow the law when rendering judgments and performing their other duties, each judge largely sets his or her priorities, Ellis added. "I don't think there is an exact manual."

Jim Roberson, the chief district court judge in Alamance County, has somewhat of a supervisory role over the other local district court judges, but said, given their status as fellow elected officials, he can't tell them "how to operate."

Like Ellis, Roberson acknowledges that judges have latitude over how they run their courtrooms. But Roberson said he would prefer that judges stick to judging.

"The role of a judge is to be a fact-finder given the evidence presented to them, and to render a decision based on that," he said. "Judges are not investigators, and that's not their role.

"We have investigators who don't do judge work," Roberson continued. "I would like everybody to focus on their role. I don't think the public wants the judge to be an investigator."

District Court judges in Alamance County handle roughly a dozen cases a week that involve illegal immigrants under ICE detainers, Roberson said.

All of the judges are doing a good job when it comes to fulfilling all of their duties, Roberson said.

WHITED STICKS BY his assertions that Lambeth can and should do more to curtail illegal immigration locally. "Judges are required to follow all of the law - not some part of it," he said.

Whited said he is not aware of a single case where Lambeth "has tried to identify whether the people he puts on probation are here validly."

Whited said he has invited Lambeth to join him at events around the county so the "public can ask us both the same questions at the same time.

"It is important, at least to me, that the law be followed in a fair and efficient manner," Whited continued. "I would think that he would join me in a commitment to follow all of the law. I hope that he does."

Whited said he has "great respect" for Lambeth, Roberson and all the local District Court judges. "But that little provision about ensuring that ... defendants that are put on probation follow the federal law is important. It's important for the voters to know the difference between Judge Lambeth and myself."

His remarks about Lambeth and illegal immigration in the GOP newsletter, Whited said, were "directed to Republicans" and targeted "a conservative issue."

The most important issue in the race, though, Whited added, is his edge when it comes to experience.
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"If you will help me," Whited continues, "I pledge to identify and process illegal aliens who are violating our laws through (the) ICE program here in Alamance County. This is not just federal law enforcement's job, it's the job of all our public servants."

ALL JUDGES CAN ASK ABOUT STATUS IN THE COUNTRY!

WHY HAVEN'T THEY BEEN DOING SO?