Marty McGee | Candidate Questionnaires | Indy Week

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Marty McGee

Candidate for N.C. Court of Appeals


Name as it Appears on the Ballot: Marty McGee

Full Legal Name: Martin B. McGee

Date of Birth: 11-15-1967

Campaign Web Site:

Occupation & Employer: District Court Judge, State of North Carolina

Bachelor's Degree Year & Institution: UNC-CH, 1991

JD Year & School: Wake Forest School of Law, 1995

Other Degrees: None

Years lived in North Carolina: Approximately 43


1. What are your top priorities or issues of concern for the coming term?

To fairly apply the law to each case.

2. What qualifies you to serve?

The Court of Appeals reviews the work of our trial courts. I have more experience as a trial judge than anyone now serving on that court. I have presided over tens of thousands of cases involving criminal, family, juvenile and other civil law matters. More than a decade of work - in some of our state's busiest courtrooms - has ideally prepared me to meet the challenges of reviewing the decisions of our trial courts. Also, I regularly teach legal educations courses to judges and lawyers. I enjoy the academic aspects of my work, but never forget that each case affects the lives of the persons who appear before me and our community.

3. FOR INCUMBENTS: What have been your most important decisions in your current capacity? FOR CHALLENGERS: What decisions has the incumbent made that you most disagree with?

As a trial judge, I recognize that all cases are important. Child custody cases, however, are often have the most effect on the lives of people who come before the district court. I do not want to comment regarding specific decisions made by my opponent as those issues may come before the court again.

4. What do you feel was the U.S. Supreme Court's most important recent decision? Did you agree with the majority? What is the role of that court in setting precedent for North Carolina's appellate courts?

I think that the recent health care decision is the Court's most important recent decision. Regardless of whether I agree or disagree with the majority, the U.S. Supreme Court has the final say on those issues.

5. Do you feel that North Carolina's current system of judicial elections serves the state well? Are there other forms of selecting judges you feel would function better or worse than the current one?

Our state's judges should be elected. As Winston Churchill said: "democracy is the worst form of government except all the others that have been tried."

6. Have you ever pled guilty or no contest to any criminal charge other than a minor traffic offense? Please explain.


7. Identify a principled stand you might be willing to take if elected that you suspect might cost you some popularity points with voters.

I am always willing to fairly apply the law to the facts of each case regardless of my personal opinions or public pressures. This is the way I do my work everyday as a district court judge. I would do the same as an appellate judge.

8. One of the most high-profile appellate court rulings was that North Carolina cannot deny at-risk children admission to the state's pre-kindergarten program. FOR INCUMBENTS: Please briefly explain your reasoning for voters who may not have time to read the entire ruling online. FOR CHALLENGERS: What is your opinion of the ruling and the case?

As a judicial candidate, I respectfully decline to answer this question.

9. How can the state court system be improved at the appellate level? Are there caseload or funding issues that need addressed? If so, how should they be addressed?

I think the most pressing issue facing our courts is having sufficient resources to address a growing caseload in our trial courts. For example, in Cabarrus County, we have 4 district court judges and there will be more than 50,000 cases filed in our district.

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