Democrats Hope Ervin Name Will Dispatch Hunter

by | Oct 16, 2014 | 2014 Elections, Carolina Strategic Analysis, Features, NC Politics, Polling | 1 comment

When Chief Justice Sarah Parker was forced to step down due to reaching the mandatory age of retirement at 72, that set off a chain reaction with big implications for the NC judiciary. Associate Justice Mark Martin was appointed by Governor McCrory to take her seat. Martin’s seat, in turn, was filled by Bob Hunter, who had served on the NC Court of Appeals. Hunter is a registered Republican. His opponent is Sam Ervin IV, a registered Democrat. Thus, this is a pickup opportunity for Democrats – and a very enticing one.

You might recall Judge Ervin’s name. He ran for U.S. Supreme Court two years ago, losing a very close contest to Paul Newby, in a race dominated by outside money. Even though Newby was an incumbent, his opponent’s name recognition threatened to end his tenure on the Supreme Court. In the end, Newby was able to overcome Ervin’s superior name recognition because of a clever ad featuring a banjo-playing gentleman who asserted that Newby was “tough but fair” in dealing with criminals.

Why did Ervin have such high name recognition, and why does his name continue to be well-known? For those who have lived in North Carolina a long time, the answer is obvious: Judge Ervin is the grandson of the late U.S. Senator Samuel J. Ervin, who was the last Democratic Senator from North Carolina to serve multiple terms. Ervin, while a staunch segregationist, became an unlikely hero to liberals when he chaired the Watergate Committee hearings, which ultimately led to the resignation of President Richard Nixon. Ervin’s commitment to civil liberties and to the Constitution earned him hero status in North Carolina, and while it’s been many years since he served, there are many who remember him fondly, especially in the western part of the state near Morganton.

That’s to the benefit of the grandson, who has had a successful career of his own. Like his grandfather, Ervin is from Morganton and worked in private practice for a number of years before serving on the North Carolina Utilities Commission. He was elected to the Court of Appeals in 2008. Ervin bemoans the amount of money being spent on judicial races and is concerned about the growing politicization of the judiciary. He says his “careful approach to making decisions” in his various positions throughout his career qualifies him for the Associate Justice position. With the name recognition earned from his famous grandfather and also his unsuccessful run in 2012, Democrats are banking on Ervin to dispatch the incumbent Hunter.

Backers of Hunter hope that his incumbency – McCrory appointed him to the seat back in August – will carry the day for him. But Hunter has his work cut out for him. PPP polled this race in September and found Ervin leading by 8 points, 21-13. These are similar leads that Ervin enjoyed two years ago before Newby was able to successfully raise his name recognition, so these results alone shouldn’t bother the Hunter camp. What should worry them, however, is Ervin’s huge lead in fundraising. The last financial reports have Ervin raising just over $200,000. Hunter’s $63,345 looks meager in comparison.

These races are hard to predict, and it’s possible outside groups will come to Hunter’s aid to close the gap. But don’t expect any nasty attack ads – Hunter has pledged to run a civil campaign, saying that he “will not tolerate any untruths about Jimmy Ervin.” Hunter says he’s friends with Ervin but believes he possesses the more relevant experience.

Hunter, of Morehead City, has previously served as chairman of the North Carolina State Board of Elections and also as deputy attorney general. Before his appointment to Justice, he was a judge on the Court of Appeals; like Ervin, he was elected in 2008. If Hunter wins, he will have to step down before his term is out, as he will have reached the mandatory age of retirement in 2019. The term is for eight years.

The candidates discussed their qualifications and respective judicial philosophies in a forum, which can be viewed here.

robert hunter
Robert C. Hunter
Associate Justice, NC Supreme Court (appointed August 2014)
Republican
Residence: Morehead City
Age: 67
Education: B.A. Political Science, University of North Carolina, 1966
J.D., University of North Carolina School of Law, 1969

sam j. ervin iv
Sam J. Ervin IV
NC Court of Appeals Judge (elected 2008)
Democrat
Residence: Morganton
Age: 58
Education: B.A. History, Davidson College, 1978
J.D., Harvard Law School, 1981
Note: Candidate for NC Supreme Court, 2012 (lost with 48.1% of the vote)
Grandson of Former U.S. Senator Sam J. Ervin, Jr. (served 1954 to 1974)

1 Comment

  1. wncguy

    I also would count out the face that some people will think they are voting for the other Judge Bob Hunter.

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