Democrats hold only 4 of the 15 Court of Appeals Seats in North Carolina. Three seats are up for election this year. Democrats must defend Judge Carolyn Thompson’s seat and elect Martin Moore and Ed Eldred to flip two more seats blue.
We have the opportunity to take back the Court of Appeals by 2028. Winning these seats is critical! Below is FLIP NC Communications Director Andrea Cash’s conversation with Moore, a 36-year-old former public defender who is also a Buncombe County Commissioner. He discusses his pitch to voters; the importance of racial, generational, and geographic diversity on the bench; the energy he’s receiving by meeting fired-up voters, and more.
Can you tell us a little bit about your background?
Absolutely. I began my legal career in public defense, here in Asheville. As a young public defender, I had the opportunity to represent some people who are going through some of the worst moments of their lives – some folks who are wrongfully accused – and helping people navigate those situations with limited resources. That was a great opportunity. I rose into a leadership role and then found myself working in private practice very shortly after that, getting a good mix of land-use cases, complex litigation, and really just a wide array of the experience you need to feel like a well-rounded attorney. And found myself itching to get back into public service, so I began my own law firm, where I had a little more control over the cases and was fortunate enough to serve on County Commission – I was elected last cycle.
How did you decide to run for Court of Appeals?
Throughout the time that I've served on [the county] commission so far, I got a chance to see kind of what the Court of Appeals looks like to folks who are in local government. And I think that experience is just really enlightening, to get to see how much our local jurisdictions are controlled by the rulings and support that we get from our courts. [This] shed a lot of light on that for me and having a legal background helped me understand that there is a role that we can play in everyday people's lives. So switching from County Commission and the policy side, I think I'll be able to bring something unique and special to this race, and was really inspired by a few of the folks who are on the ticket, including Justice [Allison] Riggs and was eager to get involved and see what we can do to flip our courts and get us back on track.
You're a Buncombe County Commissioner, as you said. During the 2022 election cycle, you were the only Democrat across the entire state of North Carolina to flip a Republican-held county commissioner seat. You won 55% to 44%, against a NASCAR Hall of Famer. To what do you attribute that impressive win?
Honestly, I'll say a groundswell of folks who are receptive to new ideas and an opening about what it means to be in local government. My experience on [County] Commission has kind of been the same as the campaign experience – chatting with people is the best way of getting things done. So a lot of door knocking, interacting with folks in the community who cared a lot about issues but didn't know a ton about politics. And just being able to connect with them and share a little bit about what I think we could do better – specific goals around education, and where we can improve our justice system and how we build as a community for the things that people care about. Listening and letting them kind of drive the conversation of the policy and me just serve as a conduit for how we better get those things done. So far, people have been very receptive to that.
Why should voters elect you to the Court of Appeals? What's your pitch to voters?
Justice Anita Earls, Court of Appeals candidate Martin Moore, and FLIP NC Communications Director Andrea Cash at FLIP NC’s 2024 launch party
I care a lot about our community. We're at a place now where we're seeing that our judges and our courts have to better reflect the values of the people who live in our state. So sharing about my values and sharing about my experiences has become a critical piece of this campaign. And sharing with people that I know what it means to work for the people. I know what it means to work for everyday North Carolinians. Be it in the criminal justice system or on the civil side. A lot of the cases that I've handled have been for working-class families, and especially post pandemic, I think we're seeing a world where everyday people need help, and they need representatives who understand what they're going through. So having that awareness and staying people-focused has been kind of my big pitch toward why I think we can improve our courts by electing people who are keeping North Carolinians at the focus of their heart.
Quoting from your own social media: “One of the ways we're going to win our courts back: voicing the role our courts play in our daily lives. Our courts impact everything from education and voting rights to health care and civil liberties.” How do these judicial races affect North Carolinians’ everyday lives?
I appreciate you asking that. It's fascinating because 20 years ago, I don't know that we were looking at the same kind of landscape, but the role the courts have played, not just for North Carolinians, but for everyone in our country. We've seen that in North Carolina, specifically, education and education funding is something that our Supreme Court decided, and these interpretations of our Constitution – having a great state where we have a mandate for public education – creates a new role for our courts in terms of how they're going to protect that, what that means to different judges. Health care has certainly been at the forefront of that this past election, and people [are] looking at what it means to have certain rights, what the definition of health care is in North Carolina compared to other states, be it Arizona, Alabama. And really just digging in a lot more in terms of: Our courts are playing a very tangible, direct role in a way that I don't think most of us are accustomed to seeing. So having an opportunity to connect with people and share: This isn't some abstract, legal brief kind of conversation that you're having with a lawyer. [These are] topics that matter most to you and your family, to your children, and are really immediate and at the forefront of our conversation. [It’s] been really fascinating to watch.
Tell us about your work as a public defender. What drew you to that work? And why do you think it's important to have public defenders serving on our highest courts?
I think, for me, it's going back. At UNC, a lot of us have this theme of wanting to be in public service. That was viewed as the public service law school in our state. A lot of folks found themselves in different places in government, but staying people-focused was really the interesting part to myself and a lot of classmates.
For me, that meant volunteering with the Innocence Project and really getting to see both sides of how much work goes into our criminal justice system and our cases – for the public defender side, where I ultimately landed, but then also prosecutors and having an appreciation for the many steps that it takes to get a verdict in any given case and finding those mistakes and where we can do better. On the defense side, I interned with a public defender's office, and then the next summer was at the North Carolina Supreme Court and then AG’s office. So having gotten to see a little bit of both sides of the aisle, I thought I can have the most direct impact and face-to-face support for individual people in the public defender's office. And it has not let me down. I had a great time meeting lots of people, learning to better understand what our community is facing, and how difficult the system can be to navigate when you are down on your luck.
The reason it's important for public defenders to be in that role: I think having that deep understanding of what people are going through is invaluable. It's not something that can be taught necessarily in law school, but really just coming to appreciate what does it mean to not just have a path toward a better life through the court system, but to obtain treatment? Where do we have shortfalls when we're talking about substance use, when we're talking about just outcomes? And for the folks who are not even looking for a “not guilty” as much as how can I make the most of this court experience? How do I get the services that I need? How do I find myself a home? And all of those different things that go into getting people back on track. Those are things that public defenders work with every day. So having that experience on the bench and a working understanding of where our system can improve and where it's effectively working, I think is an extremely valuable insight.
Voters will be electing three people to the Court of Appeals in 2024 in North Carolina. Your fellow Democratic candidates are Judge Carolyn Thompson, defending her seat, and Ed Eldred. Can you say a few words about your fellow candidates on the ballot?
N.C. Court of Appeals candidates Ed Eldred, Martin Moore, and Judge Carolyn Thompson with Justice Allison Riggs at FLIP NC’s 2024 launch party.
I've thoroughly enjoyed campaigning with them so far. We've been hitting events together and making sure that we do a better job of uplifting each other on the campaign trail; we really have a chance to get to know each other. I think it's important. And one of the great things about this slate that we have – in both of them and Justice [Allison] Riggs, of course – is the diversity of experience that we have. I have experience doing a lot of juvenile and public defense work and helping people through those moments. Ed has a good deal of experience in parent advocacy. And Judge Thompson has a lot of family law experience. And I think, given how the Court of Appeals functions [with] three-judge panels out of 15 judges total … you need a diversity of perspectives when you're making those rulings, when you're deciding and brainstorming together about what should we be considering in this case, when we're interpreting arguments. What does it mean to hear from an appellate advocate? What does it mean to practice in the space? And how do we make rulings that are going to reflect experienced professionals doing these jobs? I've had a blast so far, talking to Ed and Carolyn about how we can merge those experiences and work collaboratively. Because that's really one of the key parts of the Court of Appeals is being able to draw on that collective wisdom from your slate. They've been fantastic.
As you know, FLIP NC is committed to bringing attention to judicial races this year and going forward. I know you feel strongly about this – these elections have to always be at the forefront of our mind. Explain why it’s important to pay attention to judicial elections all the time.
Yes. Traditionally, you're right. We've seen a lot of conversation around the executive [branch] and who's going to be president, who's going to be governor. And a lot of conversation around our legislature. But ultimately, a lot of times we're having these discussions about constitutional topics – what rights someone should have, what someone can do, as a community for county commissioners or around the education space or what health care looks like – all those things have tended to find themselves in a courtroom. Our Court of Appeals has a lot more sway over people's everyday lives than folks might think. And these rulings last, often times, for a lifetime. We're dealing with decisions and high stakes. Not just “Can we get this one case right?” But are we setting a precedent that's going to affect and impact the lives of so many North Carolinians for years to come? The other half of that is that the Court of Appeals races are eight-year terms. So when we elect someone … we're electing folks who are going to be there for eight years, making really important decisions about what happens every day in our community, what happens to our education system, what happens to people's health care rights, what happens to people's civil liberties. It’s really critical ... We don't have that four-year buffer that we might have in the executive to stop and recalibrate and say, “Hey, I didn't agree with that thing that person said.” These are decisions that last a long time and seats that are held for a very long period of time.
You are the youngest Democratic candidate for statewide office in North Carolina in 2024. Do you mind sharing your age, and do you think it's going to matter to voters?
Absolutely happy to share my age. I'm 36 years old. And I do think it will matter to voters. It's been interesting – especially having had the opportunity to do everything from juvenile court through federal court cases and appellate matters – it's been interesting to see the different takes that different generations of attorneys have and different outlooks that we have. Some folks who are very experienced, were trained in the 1980s, don't have the same body of work, or were taught different things about what equality means, what our court system should look like, and the type of folks that they worked with over the course of their careers. So I'm optimistic that having someone my age would bring a fresh perspective, in terms of what types of cases we're hearing, how we view them, and even just keeping track of how much things have changed from 20 years ago till now. So many cases have been about digital discovery, cases involving Snapchat and Tik Tok, and things that are new even for me as a 36-year-old. We're seeing new technology emerge. And I think, being in a place where we have some judges who took their bar exam on paper and some judges who have taken their bar exam on the computer like myself, I think our bench is all the better when we have people who have experience doing different types of litigation and can bring a different perspective when they're reviewing cases and have a fresh outlook. Because we're not going to get the same analysis and thought process from every single age. I think there's value in that. I hope that people respond well to it.
Currently, there are two people of color on the 15-member Court of Appeals, and that is not reflective of our state's very diverse population. There are persistent racial disparities in the justice system, made worse by a lack of diversity among judges, attorneys, and law clerks. What do you think can be done to increase representation on the bench – and really in the entire system?
One of the things that I found to be the most impactful was being fortunate enough to find some great mentors early on in my legal career. As a lot of folks would imagine, there's no direct path to becoming an attorney. There's no required undergraduate degree. So a lot of the people who are majoring in political science and a lot of the liberal arts – when you get those critical thinking skills – end up gravitating toward law school. But making the path more accessible to people. Seeing more representation on that bench, being able to talk to Judge Thompson and share about what it means to have young folks running, young people of color running, and the impact that this has in our system. So when people see more folks who look like them – regardless of your background, be it your race or otherwise – I think that has a positive, firm impact on people's willingness to step into that field and say, “Hey, I think I might be interested in this” or “This is breaking my perception of who could be a judge. I see someone young, I see someone professional, I see someone who comes from western North Carolina.” All those things are really important, as we're trying to encourage people to get involved in our system. And I think being that positive role model and an accessible example of someone who wants to be engaged with people can really have a positive, inspiring impact.
You're from Buncombe County, in the western part of our state. The 15-member Court of Appeals has only one member from the mountains currently, a Republican judge who was a trial attorney from Haywood County prior to his time on the bench. Let's talk about why geographic diversity is important as well.
Geographic diversity is fascinating, right? This is the beneficial part of being a county commissioner. Every community has their own challenges. Buncombe’s issues and positives are going to be a lot different than that of Wilmington or that of the Triangle. For some communities, it's going to be things like infrastructure and traffic. For others, there might be some geographical concerns around affordable housing and what it means to control growth and preserve the mountains. And those conversations come up a lot in western North Carolina. One of the things that I've shared with people is: Geographic diversity is critical. You bring an understanding and appreciation for what life looks like in western North Carolina. We have more farmland in this part of our state. That comes with different land-use challenges. That comes with different construction law and business challenges. And one of the fun examples I like to use when I'm speaking with people about it is: In private practice, I worked on a case [where] construction law came up. It was very specific business to western North Carolina. It ended up being an appellate case on this unresolved topic. And I had to dig back to 1920-something to find some precedent in this specific area. It was a little heartbreaking because surely we have more guidance than something over 100 years ago. But when you don't have that geographic diversity, I think you won't see as many of those opinions coming forward. And those are real-life people dealing with modern-day problems. I think that geographic diversity and that awareness of having worked with people in every part of our state really can bring something to the table for the Court of Appeals.
You've been hard at work traversing the state. You're reaching out to a lot of voters. What are you hearing from them? What is at the top of their minds?
Honestly, I think it's been an exciting, challenging time to the extent that they're asking the hard questions now. People want to know what our courts are doing. For a lot of reasons, good and bad. There's a good amount of attention being paid to the judiciary, both at a national level and a local level, and increasing awareness around what role these courts are playing in our lives. What examples are being set for our children? What example are we setting for how the entire country is going to view us? And our courts are playing a huge role in that. So when people are asking about their legislators, they're also coming to us and saying, “I would be really curious to hear how you think the Court of Appeals impacts this topic.” “What are the rules around education or affordable housing that the Court of Appeals might hear?” Because people in the past have not been asking what the Court of Appeals thinks of education or what our obligations are. But every day, especially with extremism being so rampant in our country right now, more things are ending up in front of the courts, and people are paying more attention to who their judges are and really trying to get to know us. So I've been excited to share with people who are increasingly fascinated by what kind of decisions we're making and what will be guiding us as individuals in making those decisions.
Are you finding that people are fired up to vote?
Absolutely. A lot of it's coming with this excitement around the primary, and people being hyper-engaged and saying, “I want to know about this specific topic.” They're coming out to meet candidates. I did not have a primary in my race. However, people still showed up and were curious to hear – tell me what's at stake this election. Tell me all the things that I need to know if I'm going to go talk to my neighbors about why these races are important. What's my 30-second elevator pitch on how I can get my neighbors to turn out and vote for our courts? Because I recognize that my kids are going to be impacted by X issue. And that's been the most inspiring thing. I'm hopeful we'll show increased turnout in November.
At FLIP NC, we're focused on defending Justice Allison Riggs’ seat on the North Carolina Supreme Court this fall, and we want to help elect progressives up and down the ballot, including Court of Appeals judges. What is your advice to our folks? Anyone seeking to get involved this year, anyone planning to get interested in voter outreach in the coming months?
I'll give a plug to your organization – FLIP NC running these organized canvasses, and I think reaching out to everyday people, I found that to be the most effective thing. Get to know your candidates. We're going across the state. As you shared, I'm traveling. I was in New Bern this past weekend and just trying to get people fired up so that they can know who their candidates are. I think that face-to-face contact is critical because they'll be better advocates in their communities and be able to share, “Hey, I met Martin on the campaign trail. I know what he believes. I know what he stands for. I'm a lot more excited to champion and talk about this person when I have something personal in this fight. And I know that I've built some level of trust with a candidate that I've met before.” I think what's fascinating and great about this judicial race – and Justice Riggs embodies this more than most candidates I've seen in judicial races – is this willingness to be present for people and really make sure that people know who we are, what we stand for, where our values are, and have a better understanding of who’s going to be making these decisions for the state of North Carolina.
You mentioned extremism. It’s not the easiest time to be in government. It's not the easiest time to be an elected official. What is providing you hope these days?
I've been the most inspired by the number of people who are showing up to engage local government in many forums – everything from local committees to coming to our party and saying, “Hey, I've never volunteered before. But I really want to find a way to be impactful.” [They] are sharing their stories. Those stories are really what end up driving a lot of us. Justice Riggs and I have chatted before – and Ed and Carolyn and I have chatted before – about how motivating it is to be connecting with folks who are truly committed to making some form of difference. We don't automatically have to know what that looks like. Different folks are going to have different skill sets. But when people are showing up to local committee meetings, when people are showing up to party meetings and saying, “I'm committed to getting more good progressives elected. More young people elected. More people who are going to respect our court system and [be] impartial and fair. And knowing that everyone's going to be treated equally and truly talking about what equal means to people.” That's inspiring to me. It keeps me motivated because I know that there are other folks out there who care. We're here to serve as judges, but we're really representing something greater. And it's nice to see those people embodying that and keeping us pushing forward.
I have found that action is really the cure for pessimism, and we hear that from our volunteers all the time. If they're feeling down in the dumps – just go to one canvass, and you'll feel so much better. Or one phone bank or one Meet the Candidates event. Those are all the questions I have. Is there anything else you’d like to add?
I'm excited this election cycle. I feel a different kind of energy, this go round. I was involved last go round in 2022, for county commission. But going statewide – it's not just Buncombe. It's not just western North Carolina. It's the entire state that is feeling this impetus for change and understanding what's at stake in this election cycle. I'm really excited to be out there on the campaign trail and certainly look forward to seeing how much of an impact FLIP NC is going to have because I'm seeing people show up on your social media. And they're fired up. They're engaging; they're responding. They're asking how they can sign up. And I think that's the kind of energy that we need in North Carolina. Getting people to the polls is the part that we need to focus on. And I have faith that the voters will make informed choices, and I'm just very grateful for the work that y'all do. So thank you.
Learn more about Martin Moore or donate to his campaign.