Former Chief Justice Exum Honored

Article Date: Tuesday, March 10, 2009

Written By: Russell Rawlings

 

Former Chief Justice Exum accepts award from Amanda Martin.

Former N.C. Supreme Court Chief Justice James G. Exum Jr. of Greensboro was honored Feb. 25 as the 2009 recipient of the John McNeill Smith Jr. Constitutional Rights and Responsibilities Section Award.

The award was presented at the section's annual meeting and CLE by Amanda Martin who currently serves as chair of the Constitutional Rights and Responsibilities Section.

Exum's exemplary record of public service includes 27 years on the bench and one term in the General Assembly as a member of the N.C. House of Representatives. He served as resident Superior Court judge for Guilford County from 1967-74 and as an associate justice of the N.C. Supreme Court from 1974-86.

He assumed his duties as chief justice of the state's highest court in 1986 and remained in that capacity until 1994. Exum also began his legal career with the N.C. Supreme Court, serving as law clerk to Senior Associate Justice Emery B. Denny.

Former Chief Justice James G. Exum Jr.

Exum, who holds an undergraduate degree from the University of North Carolina and a law degree from New York University, entered private practice in 1961 with Smith Moore Smith Schell & Hunter, where he remained until 1967. He returned to private practice in 1996 with Smith Moore Leatherwood, where he serves of counsel.

A native of Snow Hill, Exum and his wife, Judy, have three children.

"Justice Exum has had a remarkable career serving as both a judge and attorney," his nomination stated. "His career has been highlighted by a steadfast role as an advocate for the rights of individuals coupled with the scrupulous and meticulous interpretation of the laws governing the state and country.

"During his career, he has demonstrated a deep-seated desire to promote both the awareness of the law and a greater understanding of the impact of the law on individuals."

Justice Exum, his nomination added, has served as an advocate for his profession by training young attorneys as a former adjunct faculty member at the Duke University School of Law and as a current distinguished jurist in residence at the Elon University School of Law.

Exum was honored by the North Carolina Bar Association in 1997 as the recipient of its highest honor, the John J. Parker Award.

He has been recognized by the American Judicature Society with the Herbert Harley Award, presented annually to individuals who make outstanding efforts and contributions that substantially improve the administration of justice in their state, and the American Civil Liberties Union of North Carolina, which honored him as the recipient of the Frank Porter Graham Award given in recognition of individuals who defend and advance civil liberties in the state of North Carolina.

"Justice Exum's life and career are marked by a deep respect and genuine affection for the American judicial system and the rule of law, especially constitutional law," the nomination stated. "One need look no further than his written words and court opinions to see his commitment to exploring and understanding constitutional law and to making the path to that understanding easier for others to follow.

"He is passionate about law and the remarkable and enduring system established by our forefathers and founders. His passion shows daily in his work on behalf of his clients and in his role as a mentor and teacher for law students and practicing lawyers alike."

In selecting Exum, the Constitutional Rights and Responsibilities Section considered his contributions in forwarding the discussion and debate of constitutional issues by the public and/or the profession.

"Often taking the less popular position, Justice Exum has served and continues to serve as an articulate spokesperson for the rights of individuals," the nomination continued. "No constitutional issue has meant more to him than capital punishment and he has long served as an opponent of the death penalty in the state of North Carolina.

"As a member of the North Carolina legislature in 1967, he sought to abolish the law and, as a trial judge, he worked to ensure that the procedures for invoking the ultimate penalty were scrupulously followed. While remaining steadfast in his belief in the law and the idea that the death penalty was not unconstitutional, Justice Exum administered the law as fairly as possible during his career on the state Supreme Court bench. However, his experiences on the bench shaped the foundation of his belief that man was incapable of administering capital punishment rationally and evenhandedly.

"Having been charged with reviewing hundreds of capitally tried cases, Justice Exum could not conclude that the death penalty was, in fact, being reserved only for the most heinous murders committed by the most blameworthy defendants.

"With that opinion firmly founded, Justice Exum lobbied members of the legal profession, lawmakers and the public to suspend executions in an effort to gain a better understanding of, and address multiple concerns about, the capital punishment process.

"Justice Exum argued that determining whether a given individual should live or die is the most subjective decision the legal system ever asks juries to make. He felt that the decision was too subjective to be controlled by legal principle, and in his own words concluded that, 'man's laws are and will always be incapable of making any sense out of the administration of capital punishment. Our legal system should have done away with deciding who should live and who should die and leave those decisions to God.'

"There is no better example of someone who exemplifies an understanding and concern for the constitutional rights of individuals than Justice Exum. As evident in his stance against the death penalty, throughout his career he used his experience and status as a member of the North Carolina Supreme Court to review, defend and advocate the processes and constitutional systems that are aimed at producing fair and rational results in the administration of the law."

The John McNeill Smith Jr. Constitutional Rights and Responsibilities Section Award was established by the section "to honor a person who has demonstrated extraordinary commitment to the ideals embodied in the Constitution of the United States and the Constitution of North Carolina."

Previous recipients are John Charles "Jack" Boger, dean of the School of Law at the University of North Carolina who was honored in 2007 as the initial recipient, and John Sanders, who directed the Institute of Government at the UNC for nearly 25 years and was honored last year.