Jonathan Turley – Wendy Joyce Terry, 43, the longtime prosecutor in Davidson County, North Carolina, was indicted this week in a bizarre case where she is accused of texting an offer to pay $20,000 to get an opponent to drop out of an election for a superior court seat. Putting aside the wisdom on texting bribes or payoffs, Terry is accused of texting the offer to district court Judge April Wood.
Terry allegedly offered Wood a $20,000 campaign contribution if she persuaded her husband, Jeffrey Berg, not to run in 2016 for a superior court seat that Wendy Terry wanted to fill. She now faces a six count indictment including a felony obstruction count and two counts of buying and selling offices.
By the way, state law limits campaign contributions to $5,100.
The case again raises the issue of the wisdom of elected state judges as opposed to systems of appointments. Elected judges are a troubling mix in terms of quality across the country. Not only do elections reward the most popular or well funded, but it creates pressure on judges to appease public opinion. In the worst cases, we have seen judges turn their courtrooms into circus like forums in thrilling the public with novel and degrading forms of punishment. Most state judges are both competent and ethical. However, the election process represents a corrosive element in our judicial system and does not necessarily favor the most qualified candidates for these offices.
Sources: Journal and ABA Journal
DAVIDSON COUNTY, N.C. —A former Davidson County assistant district attorney who’s running for a judicial position faces several charges, including multiple felonies, following an investigation involving the SBI.
Wendy Joyce Terry, 43, was indicted on six charges, including felony obstructing justice, attempting to obtain property by false pretense and two counts of felony buying and selling offices, according to documents obtained by WXII Wednesday. Terry’s other charges include attempting to violate a campaign contribution limitation and a misdemeanor election violation.
The indictment alleges Terry texted district court Judge April Wood and offered her a $20,000 campaign contribution to persuade Wood’s husband, Jeffrey Berg, to drop out of the superior court judge race in 2016. Terry and Berg are announced candidates for the same superior court position in District 22B, which serves Davidson and Davie counties, according to the indictment.
The indictment also alleges Terry promised and tried to pay Berg’s filing fee for the district court judge race as a condition of Berg dropping out of the superior court race.
State law says the maximum campaign contribution for a candidate in any election is $5,100.
The alleged offenses took place around July 23, according to court documents. Terry was placed on administrative leave July 27 and resigned from her district attorney position Tuesday.
County district attorney Garry Frank told WXII last week that he contacted the SBI after placing Terry on administrative leave.
Judge Theodore “Ted” Royster currently holds the superior court seat involved in the case. Wendy Terry worked for the Davidson County DA’s office for 10 years and is the wife of district court Judge Carlton Terry. – Source WXII 12 TV – Carolina
SF Source Jonathan Turley Sep 2015
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