Serving Boone, Blowing Rock, Banner Elk, and other towns of the North Carolina High Country | Founded 05-05-05

Bill To Divide 24th Judicial District Faces Local Opposition

Story by Ron Fitzwater

Support for Senate Bill 1302 to divide Judicial District 24, submitted by N.C. Senator Joe Sam Queen, is currently under review by the Committee on Appropriations. However, the bill faces opposition in the district that serves Avery, Madison, Mitchell, Watauga and Yancey counties.

Gerald Wilson, district attorney for the 24th Judicial District, has publicly stated his opposition, saying the split is “unnecessary” and “the only thing it would accomplish is the creation of several high-paying jobs that the taxpayers of this area are going to have to pay for.”

Wilson is not alone in his resistance to the split. At their meeting on Monday, the Avery County Board of Commissioners voted unanimously to oppose the split. Chair Kenny Poteat, speaking for the board, said that after he, Commissioner Scott Heath and County Manager Robert Wiseman independently spoke with Queen, and gave him an opportunity to address their concerns, “he chose not to do so.” Poteat said the board invited Queen or one of his representatives to address the full board; however, Queen “graciously declined” the invitation because of the workload in Raleigh. Poteat said that Queen’s inability to get away from Raleigh is understandable, but the decision process would have been easier if Queen had directly communicated his position on the legislation.

Heath attended the District Bar Association gathering in Mitchell County and said “There was very few, if anybody there, that was for the split.” Heath voiced his disappointment a representative from the senator’s office did not attend the meeting. Heath said he spoke with Queen on the phone, and Queen said the purpose of the legislation is to give citizens of Madison and Yancey counties equal access to district services. Heath said that eventually there may be a reason to divide the district, but Queen had not convinced him that this is the right time or manner in which to do so.

Following the meeting Poteat explained his reason for “pushing” the resolution in opposition to the bill is “the extreme additional expenditures of funds” to finance the split. “It is at least a million dollars annually and there are just too many other good uses for that money,” he said. Heath echoed Poteat’s position and added, “I opposed it because along with the expense issues, I couldn’t find anyone to support it, and it just seems redundant and unnecessary when looking at the service versus the expense.”

Queen sees the opposition as purely “partisan politics. Counties that are predominately Democrat support the split; those with predominately Republican oppose it. It’s all political,” he said.

Queen pointed out that most of the support is coming from the “grassroots level” and is strongest in “Madison and Yancey counties where the split will be most beneficial.”

According to Queen the split is simply intended to improve services by adding additional judicial staff. “There is no diminishment of services that currently exist,” he said “Avery, Mitchell and Watauga counties will wind up with more judges and lower caseloads.” On the matter of not speaking with boards and gatherings about the legislation, Queen said “We are currently in session, and I simply can’t do my job representing my constituency if I am not here. It is really that simple.”

Of the five counties in the 24th District, Avery, Yancey and Mitchell counties have publicly come out in opposition, Madison and Watauga have made no formal statement.