N.C. Lacks Appeals Court Representation

N.C. Judge Terrence Boyle was nominated to the 4th Circuit by President Bush in May, but his nomination has been blocked by Sen. John Edwards, D-N.C.

Boyle, a former aide to Sen. Jesse Helms, R-N.C., is the fifth judge from North Carolina to have his nomination blocked by one of the state's two senators since 1992. When a president nominates a judicial appointee, either senator from the appointee's state has the right to reject the choice.

The block mimics Helms' actions during the Clinton administration, when Helms stopped four of Clinton's nominees from reaching Senate Judiciary Committee hearings.

The 15-seat Court of Appeals has lacked N.C. representation since Judge Sam Ervin III's death in September 1999.

"In the past eight years, no (N.C.) nominee has been given a hearing on the Judiciary Committee," said Mike Briggs, Edward's press secretary.

The appellate court is the last stop for cases before the U.S. Supreme Court. The 4th Circuit represents North Carolina, South Carolina, Maryland, Virginia and West Virginia. N.C. representation on the court has dwindled because replacements have not been named for N.C. judges who have left the circuit, Briggs said.

Edwards expressed a desire for a bipartisan approach to N.C. representation in a January letter to Helms. "As you know, either of us can block appointments to these posts, but it is in the interest of our state that we work out a system where neither of us is forced to resort to such drastic measures," the letter stated.

But Briggs said Helms is not trying to work with Edwards. "Senator Helms hasn't found time to answer (the letter)."

In spite of such criticism, Helms' aides say he supports Boyle based on his experience and judicial temperament.

"He's been an excellent judge on the district court," said Joe Lanier, Helms' legislative director.

Edwards' aides say blocking Boyle's nomination is part of a mission to come up with a set of nominees that is ethnically and ideologically balanced. "We can work this out sooner if the White House will come up with someone who provides the balance that Senator Edwards has been looking for," Briggs said. He said Edwards also is trying to increase minority representation.

Judge Roger Gregory from Virginia became the first black judge appointed to the 4th Circuit bench in January.

Although it is still uncertain when a representative from North Carolina will be chosen, UNC law professor Louis Bilionis said debate about circuit court appointments is not unusual. "The question of how to fill vacant seats on the 4th Circuit Court of Appeals has been a controversial one for nearly a decade," Bilionis said. "I don't think any of the criticisms today are more valid than they were during the Clinton administration."

The State & National Editor can be reached at stntdesk@unc.edu.