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Queen Proposes Split of 24th Judicial District

DA: “A Total Waste of Millions of Dollars of Taxpayer Money”

Story by Kathleen McFadden

Last week, State Senator Joe Sam Queen introduced SB 1302 in the North Carolina General Assembly, proposing that the 24th Prosecutorial and Judicial District be split into two districts.

Currently, the 24th District includes the five counties of Avery, Watauga, Mitchell, Madison and Yancey. Queen’s proposal is to split Madison and Yancey counties into District 24A, and Avery, Mitchell and Watauga into District 24B.

The day after Queen filed the bill, District Attorney Jerry Wilson released a statement expressing strong opposition to the bill.

“Even though the proposed division would give me a politically safer district,” Wilson wrote, “I want to let the people of the 24th District know that I am opposed to any division of the district.”

In the statement, Wilson explained his reasons for opposing Queen’s bill.

Splitting the district would cost $1,238,933 in yearly recurring tax funds, Wilson maintained, and would be “a total waste of millions of dollars of taxpayer money” at a time that the strapped North Carolina court system “cannot afford to waste even one penny on wasteful projects.”

Wilson added, “No one has offered any reason for dividing the district,” and he expressed concern that Queen introduced the bill without consulting the “Administrative Office of the Courts, the North Carolina Courts Commission, or any other organization capable of determining if the bill is a proper expenditure of tax dollars.”

In addition, Wilson maintained that the bill violates the separation of powers doctrine in the State Constitution:

“In November 2005, I and four judges were elected by the people of the 24th judicial/prosecutorial to represent them for a four-year tem in the courts of the five counties making up the district. However, if Senator Queen’s bill is passed, I and the judges, as of 1 January 2008, would be allowed to serve in only 3 of the counties of the district. The people in Yancey and Madison counties would be deprived of the prosecutor and judges they had just elected.”

Wilson said that Queen’s bill could set “a dangerous precedent” by giving legislators a tool to use against prosecutors and judges—the threat of introducing a bill to divide a district and effectively invalidate an election.

Queen, however, said that judicial interests will be better served by splitting the district. The court system is expanding, he said, to provide more judges and district attorneys in the state, and his interest is in obtaining “a fair share for his district” so citizens can receive “better services from our court systems.”

Queen pointed out that the General Assembly approved a similar split last term in the 29th District, with McDowell and Rutherford counties becoming District 29A and Henderson, Polk and Transylvania counties becoming District 29B.

The change has worked well, Queen said. “It’s more balanced and puts the people closer to their elected officials,” he said, adding, “It helps clear the court dockets and provides better service. Madison and Yancey would be better served by having their own district attorney.”

Queen, who represents Avery, Haywood, Madison, McDowell, Mitchell and Yancey counties, pointed out that he represents four of the five counties in the 24th District.

If the General Assembly passes the legislation and Governor Easley signs it, the change would be effective January 1, 2008. Two district court judges, one district attorney, one assistant district attorney and at least four staff members would serve the district formed by Madison and Yancey. Four district court judges—the same number as now—would continue to serve the Avery, Watauga, Mitchell district, along with one district attorney and four assistant district attorneys.

“The loads would be lightened in both districts,” Queen said. “I see it as a win-win.”