Beth Freshwater Smith
Republican | North Carolina
Candidate Profile*
Leans Originalist
*Additional information appears below for educational purposes; however, only data received prior to the candidate deadline was considered during Panel Evaluation.
BIOGRAPHY
Name
Beth Freshwater Smith
Party
Republican
Election Year
2022
Election
Primary
Race
Court of Appeals, Seat 9
Incumbent
No
Links
EDUCATION
Campbell University Norman Adrian Wiggins School of Law, Buies Creek /Raleigh, JD, 1986
University of North Carolina Chapel Hill, Chapel Hill, BA, 1981
WORK & MILITARY
Candidate did not provide
AFFILIATIONS
First Presbyterian Church, Elder, Greenfield School Board
trustee, Juvenile Justice Advisory Board State of NC, Board member
Juvenile Justice Planning Board State of North Carolina, Board member, Stop Human Trafficking
volunteer, Whirly Dogs Training Center for individuals with disabilities, contributor and volunteer
D.A.R.E, volunteer/speaker, Youth of Wilson
POLITICAL OFFICES HELD
District Court Judge, 8 years+
POLITICAL OFFICES SOUGHT
Judge North Carolina Court of Appeals, currently
Race
ENDORSEMENTS*
*These endorsements were received after the deadline and were not considered in the Panel Evaluations and are for additional educational purposes only.
CONSERVATIVE (6)
*Durham County Republican Party
Jeff Carpenter
Jefferson Griffin
Jim Perry
Jimmy Dixon
OTHER (1)
Richard Dietz
REPORTED BY CANDIDATE (9)
Justice Phillip Berger, Supreme Court of North Carolina
Judge Jefferson Griffin, N.C. Court of Appeals
Judge Jeff Carpenter, N.C. Court of Appeals
Judge Richard Dietz, N.C. Court of Appeals
Senator Jim Perry, Senate Majority Whip
SELECTED CONTRIBUTIONS
CONSERVATIVE
GIVEN BY CANDIDATE (2)
Buck Newton (2015)
Local, County, and District Republican Organizations (2016)
RECEIVED BY CANDIDATE (0)
OTHER INFORMATION
Beth Freshwater Smith has served as a District Court Judge since 2016 and as a Senior Assistant District Attorney prior to that.
QUESTIONNAIRE
VALUES
I agree with Critical Race Theory (CRT) which asserts that the institutions in the United States are fundamentally racist.
Strongly Disagree
Judeo-Christian values established a framework of morality that is necessary for our system of limited government.
Strongly Agree
Briefly describe your spiritual beliefs and values.
Jesus Christ is my Savior. I believe in Patriotism and the American Work Ethic. I am a Conservative with Christian Values and a Commitment to Justice. I believe in three branches of government, checks and balances, limited government and personal freedoms.
What types of pro bono work have you done?
Any that has been permissible in my roles as a District Court Judge and Senior Assistant District Attorney
ABOUT YOU
What education or experience qualifies you to hold the office for which you seek election?
I am a wife and mother of a daughter in her third year of law school and a son who is a junior in college. I am actively involved in my community and know what effects our citizens. My legal degree as well as 34 years of daily courtroom experience also qualifies me. I have tried thousands and thousands of cases, from Capitol murder to Termination of Parental Rights. I make tough decisions daily as a trial judge and did so as a prosecutor. The Court of Appeals is a court of correction. Their job is to insure that the laws are being followed correctly at the trial court level. I have been in the trial courts as a private attorney, prosecutor and district court judge. The majority of cases heard in the Court of Appeals are criminal cases. As a prosecutor for 28 years, I represented North Carolina and victims. I am very familiar with the criminal law. I am recognized at the local, state and national levels for my work and expertise in Juvenile Law. I was chosen to be 1 of 14 Prosecutors chosen nationwide to serve on the National Juvenile Prosecutor's Leadership Board in Washington , DC focusing on justice issues that shape juvenile justice policy nationwide. I have assisted in writing manuals used across North Carolina in the prosecution of Child Abuse, Sexual Assault and currently one on Juvenile Law. I have taught at the Judicial College, Conference of District Attorneys and Law Enforcement Institutions. I have lectured at the college and all grade levels.
Why should the voters choose you?
I believe that the Constitutions of North Carolina and the United States are the basis for our laws. Politics do not belong in our judicial system. They must be left out of our courtrooms. I will follow the law as it is written instead of creating policy from the bench. As a district court judge, I have fairly and impartially applied the law in cases heard before me involving families, schools, businesses, criminal allegations and many other matters. I will continue to do so as an appellate judge. My years of trial experience and especially criminal law experience are needed on our Court of Appeals. I have the integrity and proven commitment to justice.
I voted in these primaries and general elections:
Did not answer
I have voted in all primaries and general elections since registering to vote as a Republican at the age of 18. I do believe in voting "for the person" and not the party.
JUDICIAL PHILOSOPHY
Justices should not interpret the federal and state constitutions as living documents, but should use a textualist and originalist approach to interpretation.
Strongly Agree
What is the proper use of legislative history in interpreting statutory law?
contextual
Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
Justice Antonin Scalia
How should a court address the balance between public health and individual freedoms in the time of a pandemic?
This and some of the following questions , while very important, represent issues that could come before me as a judge for consideration. The North Carolina Code of Judicial Conduct expressly prohibits a sitting judge or judicial candidate from expressing opinions on matters that may later come before them for a decision as it would "cast substantial doubt on [my] capacity to decide impartially an issue that may come before [me]."
In light of the case Bostock v. Clayton County, in which the U.S. Supreme Court interpreted the 1964 Civil Rights Act to include a prohibition on sexual-orientation discrimination, which justice’s opinion most closely aligns with your own opinion?
Response same as above
What role (if any) does a judge have in maintaining the separation of church and state?
Response same as above
Religious liberty is at risk in the United States and deserves the highest level of protection in the law.
Strongly Agree
When should a judge overturn past court decisions?
Only when absolutely necessary to insure the law is followed correctly.
How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?
By looking at the principles that are enunciated in the Constitution
What legal principles should a court consider when evaluating parents’ objection to their child obtaining medical procedures or drugs designed to affirm the child’s desired gender?
Just as with some of the earlier questions, I am unable to respond due to Judicial restraints
What principles should guide a court’s analysis of whether your state’s constitution gives terminally ill patients a right to assisted suicide?
same as above
Would you describe your judicial philosophy as originalist, living constitutionalist, or something else?
constitutionalist
