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2009 News Articles › NCBA Responds To Criticism Of Judiciary
NCBA Responds To Criticism Of Judiciary
Article Date: Tuesday, October 27, 2009
The North Carolina Bar Association issued a statement today in
response to criticism of the N.C. Supreme Court and the Court of
Appeals regarding their rulings in State of North Carolina v.
Bobby E. Bowden.
"Members of the Supreme Court, in affirming a unanimous decision
of the North Carolina Court of Appeals, were performing their
constitutional duty to interpret the North Carolina statutes
enacted by our elected representatives," stated NCBA President John
R. Wester of Charlotte. "Their duty is to apply the law
as the legislative branch has drawn the law, and they have done
so."
The Supreme Court and Court of Appeals
rulings have brought forth strong criticism from some who
take exception to the likelihood that at least 20 defendants
previously sentenced to life in prison are now eligible for release
after serving less than 40 years.
"It is understandable that elected leaders and citizens alike
would be concerned, even angered, that defendants convicted of
first-degree murder and sentenced to life in prison would ever walk
free," Wester stated. "Whatever our feelings on the present
controversy, we must not lose sight of how our branches of
government carry out their separate functions - as our Constitution
prescribes. Times of sharp division of opinion remind me how
fortunate we are to live under a deliberative process that has
proven reliable throughout our nation's history."
Wester added: "As this case runs its course - it is
now before the trial court again - there will be ample opportunity
for those who oppose the result to advance their
opposition through the courts, as well as to seek legislation
that would carry out their views on sentencing in cases to
come. The guarantee of such opportunities distinguishes our form of
government from all others."