Paul Martin Newby

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Paul Martin Newby
Image of Paul Martin Newby
North Carolina Supreme Court
Tenure

2005 - Present

Term ends

2029

Years in position

20

Compensation

Base salary

$197,802

Elections and appointments
Last elected

November 3, 2020

Education

Bachelor's

Duke University

Law

University of North Carolina, Chapel Hill

Personal
Birthplace
Asheboro, N.C.
Religion
Baptist/Christian
Contact

Paul Martin Newby (Republican Party) is a judge of the North Carolina Supreme Court. He assumed office on January 1, 2005. His current term ends on January 1, 2029.

Newby (Republican Party) ran for election for judge of the North Carolina Supreme Court. He won in the general election on November 3, 2020.

Newby completed Ballotpedia's Candidate Connection survey in 2020. Click here to read the survey answers.

Newby first became a member of the North Carolina Supreme Court through a nonpartisan election.[1] He was first elected to the court in 2004 to the seat vacated by Robert Orr. To read more about judicial selection in North Carolina, click here.

Newby was elected chief justice in 2020.

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country. As part of this study, we assigned each justice a Confidence Score describing our confidence in the degree of partisanship exhibited by the justices' past partisan behavior, before they joined the court.[2] Newby received a confidence score of Mild Republican.[3] Click here to read more about this study.

Biography

Paul Martin Newby was born in Asheboro, North Carolina. Newby received his B.A. in public policy studies from Duke University and his J.D. from the University of North Carolina at Chapel Hill School of Law.[4] Newby began his law practice with Van Winkle, Buck, Wall, Starnes and Davis. He has also served as the vice president and general counsel of Cannon Mills Realty and Development Corporation. In 1985, Newby was appointed as Assistant U.S. Attorney in Raleigh, where he served until his election to the North Carolina Supreme Court in 2004. Newby has also worked as an adjunct professor at Campbell University School of Law. As of the 2020 election, Newby had served with the Christ Baptist Church, the Occoneechee Council, and Boy Scouts of America.[4][5]

Elections

2020

See also: North Carolina Supreme Court elections, 2020

General election

General election for North Carolina Supreme Court

Paul Martin Newby defeated incumbent Cheri Beasley in the general election for North Carolina Supreme Court on November 3, 2020.

Candidate
%
Votes
Image of Paul Martin Newby
Paul Martin Newby (R) Candidate Connection
 
50.0
 
2,695,951
Image of Cheri Beasley
Cheri Beasley (D)
 
50.0
 
2,695,550

Total votes: 5,391,501
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary election

The Democratic primary election was canceled. Incumbent Cheri Beasley advanced from the Democratic primary for North Carolina Supreme Court.

Republican primary election

The Republican primary election was canceled. Paul Martin Newby advanced from the Republican primary for North Carolina Supreme Court.

Campaign finance


2012

See also: North Carolina judicial elections, 2012

Newby defeated Judge Sam Ervin in the general election on November 6, winning 51.90% of the vote.[6]


Campaign themes

2020

Video for Ballotpedia

Video submitted to Ballotpedia
Released October 17, 2020

Ballotpedia survey responses

See also: Ballotpedia's Candidate Connection

Candidate Connection

Paul Martin Newby completed Ballotpedia's Candidate Connection survey in 2020. The survey questions appear in bold and are followed by Newby's responses. Candidates are asked three required questions for this survey, but they may answer additional optional questions as well.

Expand all | Collapse all

I am the Senior Associate Justice of the NC Supreme Court, having first been elected in 2004 and reelected in 2012. My 16 years of service means I'm the longest serving justice. I was licensed to practice law in 1980.

  • Equal Justice under the Law: The courts must treat everyone the same. The law must be fairly, impartially, and consistently applied in every case. The Rule of Law must be followed.
  • Justice Delayed is Justice Denied. Every party is entitled to have their case tried in a timely manner. The NC Constitution guarantees that justice will "be administered without favor, denial, or delay." Art. 1, sec. 18
  • Public Trust and Confidence in Our System of Justice is Foundational. Civic education is vital for a proper understanding of the role of each branch of government, particularly the judiciary. The NC Constitution reminds us that understanding fundamental principles is required "to preserve the blessings of liberty." Art. 1, Sec. 35

The Administration of Justice. The goal of the judiciary is equal justice under the law, following the rule of law and ensuring that everyone is treated the same. The law is for everyone, not just lawyers. Judges must fairly, impartially, and consistently apply the law as intended. Judges should not legislate from the bench. The North Carolina Constitution requires that "justice shall be administered without favor, denial, or delay." Art. 1, Sec. 18. Justice delayed is justice denied. Everyone is entitled to have their legal matter decided in a timely manner. Everyone is to be treated with dignity and respect. Lawyers should be encouraged to live up to the highest ideals of professionalism. Civic education is foundational.

Integrity first, service before self, excellence in all you do. Always treat others with kindness and respect, treating them the way you would like to be treated. Leave the position better than you found it. Always live up to your oath of office. Follow the NC and Us Constitutions.

Integrity First, Service before Self, Excellence in All I Do.
I strive to live up to the highest standards of integrity, trying to be sure my behavior is beyond reproach. I always try to do what I say. I try to treat others the way I want to be treated.
I strive to serve others both personally and professionally. I mentor young people through teaching at Campbell Law and providing a large internship program.
I strive to ensure that my work is always done with excellence. I took an oath to apply faithfully the Constitutions of the United States and of North Carolina, and my work for 16 years reflects my efforts.
I am the longest serving justice, having served for 16 years. I've practiced law for over 40 years. As a lawyer, I had both a transactional and a litigation practice for almost 25 years before being elected to the Supreme Court. I'm the only former prosecutor on the court. I teach about and have written a book on the NC Constitution. I speak frequently to school groups and community organizations about civics generally and my role in recovering NC's stolen original copy of the Bill of Rights. Because of my broad experience as a lawyer and long service as a justice on the NC Supreme Court, I have the qualities to inspire the Judicial Branch members to achieve the highest ideas of our calling: Equal Justice for All.

It is my hope to leave the NC system of justice better than I found it. I hope my legacy as a justice is that I fairly, impartially, and consistently applied the law in every case, that I treated everyone with respect and kindness, and that I was always fully prepared. As Chief Justice, I hope my legacy will be a renewal of all participants within the legal system to fulfill our duty under the NC Constitution that, "justice shall be administered without favor, denial, or delay." Art. 1, Sec 18. I hope to leave a legacy of Equal Justice for All.

While growing up I mowed yards and delivered papers, my first real job was to be a counselor at our local recreation program (Jamestown NC) where I worked with children ages 7-10. I was 14 at the time I began this work. I was a counselor in this program for 3 years, when I became a lifeguard at a local public pool (Greensboro, NC). I worked my way through college, doing jobs on and off campus, from cleaning houses to answering phones.

The NC Chief Justice is the first among equals of the seven member NC Supreme Court. In that role, the Chief Justice has additional administrative responsibilities but also decides cases and writes opinions just like the other six justices. The Chief Justice also serves as the leader of the Judicial Branch which is comprised of about 6500 people across NC. Many who compose the Judicial Branch are independent constitutional officers, including judges and clerks. Thus the role of Chief Justice is to inspire members of the branch to ensure that every person who interacts with the judicial system receives equal justice under the law. The Chief Justice must lead the Judicial Branch in fulfilling the promise of the NC Constitution that "justice shall be administered without favor, denial, or delay. Art. 1, Sec. 18

My judicial philosophy is to follow the rule of law-fairly, impartially, and consistently applying the law to the facts of each case and faithfully interpreting the Constitution and statutes as intended. Consistency and predictability in the law are imperative for lawyers to counsel clients accurately. And, the law is for everyone, not just lawyers. Consistency, predictability, and fairness are important to all North Carolinians. The symbol of the Judicial Branch, Lady Justice, is blind-folded for a reason-she cannot see the identity of the parties-every party is to be treated the same. A judge must always remember the importance of each case, treating everyone with dignity and respect. Separation of powers is vitally important to our system of government. I believe in judicial restraint. My opinions issued over the last 16 years reflect my philosophy.

Appellate Judges in North Carolina are not formally rated by the NC Bar Association. From Martindale Hubbell I have received the "highest possible rating in both legal ability & ethical standards reflecting the confidential opinions of members of the bar and judiciary." From the NC Bar Association I received both the Constitutional Rights Award and the Citizen Lawyer Award. I was named a "Leader in the Law" and received the James Iredell Award.

The NC Constitution grants to each branch of government-the legislative, executive, and judicial-unique roles and responsibilities. Since 1776 the NC Constitution has stated that the roles of the branches are "separate and distinct from each other." Art. 1, Sec. 6. Each branch must stay within its designed lane: the Legislature makes the laws, the Executive enforces the laws, and the Judicial applies the laws as intended and protects individual fundamental rights from encroachment by the government. It is ultimately the responsibility of the courts to ensure that each branch, including the Judicial Branch, stays within its designated lane.

Note: Ballotpedia reserves the right to edit Candidate Connection survey responses. Any edits made by Ballotpedia will be clearly marked with [brackets] for the public. If the candidate disagrees with an edit, he or she may request the full removal of the survey response from Ballotpedia.org. Ballotpedia does not edit or correct typographical errors unless the candidate's campaign requests it.



Analysis

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship and Ballotpedia Courts: Determiners and Dissenters

Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation. This was not a measure of where a justice fell on an ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. The scores were based on seven factors, including but not limited to party registration.[7]

The five resulting categories of Confidence Scores were:

  • Strong Democrat
  • Mild Democrat
  • Indeterminate[8]
  • Mild Republican
  • Strong Republican

This justice's Confidence Score, as well as the factors contributing to that score, is presented below. The information below was current as of June 2020.

Paul Martin
Newby

North Carolina

  • Partisan Confidence Score:
    Mild Republican
  • Judicial Selection Method:
    Elected
  • Key Factors:
    • Was a registered Republican
    • Donated less than $2,000 to Republican candidates
    • Received donations from Republican-affiliated individuals or organizations


Partisan Profile

Details:

Newby was a registered Republican as of 2020. He donated $1,200 to Republican candidates. He received $1,000 from the Moore County Republican Party and $1,000 from Neal Hunt for North Carolina Senate. He was endorsed by Congresswoman Virginia Foxx (R), Christian Action League of North Carolina, and the Caldwell Republican Club. Newby won a special election to the North Carolina Supreme Court following the resignation of North Carolina Supreme Court justice Robert F. Orr in 2004. North Carolina was a Democratic trifecta when he was elected to the state supreme court.

Other Scores:

In a 2012 study of campaign contributions, Newby received a campaign finance score of 0.75, indicating a conservative ideological leaning.



Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan ideology of state supreme court justices. They created a scoring system in which a score above 0 indicated a more conservative-leaning ideology, while scores below 0 were more liberal.

Newby received a campaign finance score of 0.75, indicating a conservative ideological leaning. This was more conservative than the average score of -0.01 that justices received in North Carolina.

The study was based on data from campaign contributions by the judges themselves, the partisan leaning of those who contributed to the judges' campaigns, or, in the absence of elections, the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice, but an academic summary of various relevant factors.[9]

Noteworthy events

Recount in the North Carolina Supreme Court Chief Justice election (2020)

See also: North Carolina Supreme Court elections, 2020

On November 17, 2020, Cheri Beasley (D) requested a recount in the race for Chief Justice of the North Carolina Supreme Court. Based on official results, Paul Newby (R) had a 406 vote lead.[10] The initial machine recount was completed on December 2, and showed Newby ahead by 401 votes. Beasley then requested a hand-to-eye recount in a random sample of precincts, which was completed on December 15. It showed Newby to be the winner by a margin of 412 votes.[11][12][13]

To read more about the recount, click here.

State supreme court judicial selection in North Carolina

See also: Judicial selection in North Carolina

The seven justices of the North Carolina Supreme Court are chosen through partisan elections. Justices are elected to eight-year terms and must face re-election if they wish to serve again.[14]

Qualifications

To serve on this court, a person must be licensed to practice law in North Carolina. There is a mandatory retirement age of 72 years.[15]

Chief justice

The chief justice of the supreme court is elected by voters to serve in that capacity for an eight-year term.[16]

Vacancies

See also: How vacancies are filled in state supreme courts

In the event of a midterm vacancy, the governor appoints a successor to serve until the next general election which is held more than 60 days after the vacancy occurs. The governor must select an appointee from a list of three recommendations provided by the executive committee of the political party with which the vacating justice was affiliated.[17] An election is then held for a full eight-year term.[18][14]

The map below highlights how vacancies are filled in state supreme courts across the country.



See also

North Carolina Judicial Selection More Courts
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Courts in North Carolina
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External links

Footnotes

  1. At the time of Newby's election, elections to the North Carolina Supreme Court were nonpartisan. The state adopted partisan elections for the supreme and appellate courts in 2016.
  2. We calculated confidence scores by collecting several data points such as party registration, donations, and previous political campaigns.
  3. The five possible confidence scores were: Strong Democrat, Mild Democrat, Indeterminate, Mild Republican, and Strong Republican.
  4. 4.0 4.1 Project Vote Smart, Associate Justice Paul M. Newby (NC)
  5. Information submitted to Ballotpedia through the Candidate Connection survey on October 17, 2020
  6. North Carolina State Board of Elections, "2004 General Election Results," accessed August 5, 2021
  7. The seven factors were party registration, donations made to partisan candidates, donations made to political parties, donations received from political parties or bodies with clear political affiliation, participation in political campaigns, the partisanship of the body responsible for appointing the justice, and state trifecta status when the justice joined the court.
  8. An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
  9. Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
  10. Times Union, "Close race for North Carolina chief justice going to recount," Accessed November 17, 2020.
  11. WBTV, "Hand-to-eye recount to begin as Newby leads by 400 votes in race for N.C. Supreme Court Chief Justice," Accessed December 9, 2020.
  12. Carteret County News-Times, "County wraps up hand-eye recount; protest appeal withdrawn," December 15, 2020
  13. North Carolina Board of Elections, "State Board Certifies Supreme Court Contest, Removes County Board Member During Final Meeting of 2020," December 18, 2020
  14. 14.0 14.1 The University of North Carolina at Chapel Hill | School of Government, "History of North Carolina Judicial Elections," August 2020
  15. North Carolina Judicial Branch, "Judicial Qualifications Summary," September 28, 2016
  16. National Center for State Courts, "Methods of Judicial Selection: North Carolina," accessed September 20, 2021
  17. Ballotpedia Election Administration Legislation Tracker, "North Carolina S382," accessed December 19, 2024
  18. North Carolina General Assembly, "North Carolina Constitution - Article IV," accessed September 20, 2021 (Section 19)