This November, it’s paramount that North Carolina voters elect Democrats Ed Eldred, Martin Moore, and Judge Carolyn Thompson to the N.C. Court of Appeals, flipping two GOP seats and defending one to fight back against the Republicans’ dominating 11-4 majority.

With victories throughout the next three election cycles, Democrats can win a majority on the Court of Appeals by 2028!

FLIP NC Communications Director Andrea Cash sat down with Eldred, an experienced appellate attorney from Carrboro who has argued multiple times in front of the Court of Appeals and the N.C. Supreme Court. He is passionate about the work he does, including representing parents who are trying to regain custody of their children. His wife, Tracy, first joined FLIP NC in 2020.

Below, Eldred discusses the seismic shift that has occurred in Democratic politics since Vice President Kamala Harris became the presumptive nominee; his pitch to voters; concerns voters have about partisanship from the bench; and more.

I want to start with this moment. It’s five days after President Biden said he's not going to seek re-election. Vice President Harris, in short order, became our new presumed nominee. There's an electricity in the air. How are you feeling in this moment?

I am excited. It's palpable energy, everywhere I go. Nothing but positive reactions. It’s a lot different than five days ago, where people were skeptical or nervous or even a little bit down about it.

Tell us about your earliest years.

I grew up in Orange County, about a mile or two north of the Chatham County line. I went to public school here and went to UNC a couple of times. Before law school, I worked at the university, where I met my wife, and we moved to Carrboro. We bought a house in Carrboro in 2002, and our daughter was born in 2003. We raised her here for the next 18 years. She went to school here. Now she's off at college. My wife and I are still here, and we're planning to stay here for some time.

What is your earliest memory of getting involved in politics?

The first time I really was involved in a campaign was with a judge I worked for, Linda Stephens, when she ran for election. That was in 2008, I believe. Really being on the inside and seeing how a campaign works and seeing how much work she had to do to balance being a judge and a candidate at the same time. Seeing how it affected her. That’s the first time I was, I would say, kind of more involved in politics than just a casual observer. I learned that it's hard to work and be a candidate at the same time. She had an amazing work ethic. I'm not sure when she slept, just like [Justice] Allison Riggs. I'm not sure when she's sleeping. She's doing so much work right now. It's easy to see the parallels between Judge Stephens and Justice Riggs.

Tell me about your legal experience. In particular, I'd like to know more about the parental representation that you do.

I got exposed to the DSS system in law school a little bit, and then when I clerked at the Court of Appeals, I got an in-depth look at how these cases work and how they progress. I was pretty amazed. Many people don't know about that system. They know that it exists. But they don't really know how it works. I was struck by, what I think, is the unfairness of it to parents. I get that we have to protect children. In fact, I'm a board-certified specialist in child welfare law. The children are obviously the most important part there. But when I got out on my own, I got on the list – my local list – to represent parents.

I've been doing that now for 13, 14-plus years. I go to court with them. I sit next to them, in front of the judge. A lot of the times, they're crying. A lot of the times, they're angry. Some of the times, they're very happy. That’s very rewarding. It is easily the most rewarding work I do because the people that I represent can make a complete turnaround from where they were when their case started. It's just so satisfying and fulfilling to see that kind of redemption.

Is there a particular case that stands out you could tell me about?

I'll say, and it just happened the other day: You can tell when a parent is going to get their children back, their child back. Because it's like a light switch goes off. It's literally like they come into court one day, and they're saying exactly what everybody else says right before they get their children back.

They haven't talked to those people, but they all start saying the same things. And it is amazing. You just know when they walk in: Well, we're going to win. This family is going to get back together. It's great. It's a really satisfying, really amazing thing to see out of the human experience, if you will, because it's across everyone. It's the same exact pattern.

Tell me about the other work you do.

My other main practice area is appeals, and I've represented hundreds of people on appeal. Everything from minor traffic incidents to first-degree murder. I've argued in front of the N.C. Court of Appeals multiple times and the N.C. Supreme Court multiple times. I’ve filed over a thousand documents, maybe 2,000. I don't like to say thousands, but at least a thousand. Those are my two main practices: DSS Court and appeals.

As you just said, you've argued in front of the North Carolina Court of Appeals many times, representing hundreds of clients. How does that court work, and why does it matter?

How it works: Every county has a courthouse and, if you lose in your county court, you're going to appeal. If you appeal to the North Carolina Court of Appeals, it hears cases from all aspects of the law, all areas of the law. With just a few exceptions, if you appeal, you're going to go right to the Court of Appeals, which means that it sets the law for many, many different things.

If you lose a custody case – if you don't like the way the judge ruled for your custody case – you're going to appeal to the Court of Appeals. If you get a minor possession charge, you're going to go from the district court to the superior court to the Court of Appeals.

It is essentially – because of a recent change in the law – the court of last resort in North Carolina. You want to know that it's doing its job as the backstop for the entire justice system, really. The [N.C.] Supreme Court, of course, is the court of last resort. But as a practical matter, 90 percent plus of all cases end in the Court of Appeals. The Court of Appeals is a workhorse. They do hundreds of opinions every year, and an opinion is a very lengthy document. Twenty pages easily. It takes a lot of work. They’re releasing 800 or 1,000 opinions every year.

I asked Judge Carolyn Thompson about serving on these three-judge panels, and she said she likes the format. From your perspective, what is it like going before a three-judge panel at the Court of Appeals?

It's intimidating, when you're standing in front of three judges in a big courtroom. It's fancy and formal. You don't know what they're going to ask. You’ve got to be ready to go, on just about anything. It's fun, depending on who the judges are, because they play off each other. They have their own interpersonal relationships. But “scary” probably is the word that comes to mind until you finish. And once you're done, it’s very satisfying.

How did you become a candidate?

I'm pretty involved in appellate law. I file briefs all the time. People know that I practice appellate law, and I have some friends that kind of put me forward. I spoke with [Justice] Allison Riggs. Then, in October, when the court released that opinion that said life begins at conception, which you must have heard about by now, it was alarming and shocking. [Editor’s note: The opinion was later withdrawn.] And somebody said: “Hey, Ed, do you want to run? I said: “You're damn right I do. Let's do it.” Allison said she would support me. I think I would have been a fool not to jump at that opportunity because it might not come again ever. Here we are.

What's your pitch to voters? Why should people elect you to eight years on the Court of Appeals?

Most of my work is in indigent defense, and the Court of Appeals caseload is at least 50 percent indigent defense.

It's criminal defendants appealing – or parental rights appeals. If you look at their caseload when they release opinions, easily half of the cases every single time are those types of cases, which is exactly what I've done for my entire career. There is no perspective on the bench like that. I haven't done a deep dive into the history of the court, but I would hazard to say: Nobody at the court has the same experience that I've had in terms of indigent defense appeals and having actually represented the parents who inevitably appeal. Because if you lose your child, you're not just going to sit and take it. You're going to appeal.

And I've sat next to those people at trial. I know what they're going through. I'm familiar with the law. It's the perspective we need at the court because they are the one setting all this law. I have real-life experience doing it.

Voters in North Carolina will elect three people to the Court of Appeals in November. Your fellow Democratic candidates are Judge Carolyn Thompson and Martin Moore. Can you say a few words about your fellow candidates?

They're great. Judge Thompson has a unique perspective. District court judge, superior court judge, N.C. Industrial Commission, Court of Appeals now. I mean, she's been at every level. And before that, she was an attorney. She represented DSS in her home county [of Granville]. A great person, very friendly, engaging. Magnetic, I would say.

Martin [who is 36] is the youngest person on the statewide ballot. A former public defender, which is another perspective that we need on the court, that we're lacking. A county commissioner from out west [in Buncombe County]. Knows the mountains. Great guy. Young guy. Energetic.

Along with Justice Allison Riggs, who is defending her seat on the North Carolina Supreme Court, you're really running as a team. You're very much united and helping each other succeed in this. What's that experience been like, running as a slate?

It’s fantastic. We all know what each other is going through. We all can help each other. We can all bounce ideas off each other. We can text each other. We’ve got a text thread going between the four of us. One thing that's particularly helpful is when we show up at events together. Of course, it's good to split us up and to have us covering as many events as we can, but when we're together, it's a palpable sense of support in the room. Giving a speech, at least for me, in front of 50 or hundreds of people, is intimidating. I was at one lately, and Justice Riggs was there. She was in the front row, and I just knew she had my back. That was supportive.

The other day, Judge Thompson and I were at an event, and we play off each other very well. If she goes first, then I'll come behind her and say, “Well, as Judge Thompson was saying,” and I can add to what she's saying. Vice versa. She can fill in any gaps that I left out. Because inevitably, when you're talking, you forget something that you wanted to say. We all know kind of the message we want to give.

When I go around, I see another one of the statewide candidates almost everywhere I go. We all are in the same boat. We all know what's going on. We know how it feels. We can kind of talk to each other and pat each other on the back. … But [running for office] is tough. I can tell you that. … I'll be in six or seven counties this weekend.

As you know, FLIP NC is committed to bringing attention to statewide judicial races this year and going forward. You feel strongly about this. We've got to keep these elections at the forefront of voters’ minds. Explain why that's important – to give the courts attention all the time and to not neglect these races.

First, FLIP is great, and I am appreciative of everything FLIP is doing. I try to promote FLIP wherever I go and say, “Hey, look into this group.”

Judges are important at all levels. When I sit in a courtroom with somebody, they don't understand the power that a district court judge has over individual lives. It makes a huge difference. Whatever that judge says, goes. If you're not paying attention, even to the local races, you're missing out on forming, or really influencing, the power that the government wields over society.

After that, the appellate courts – particularly the [state] Supreme Court – have a huge impact on everybody's lives. It’s just that they don't get the attention because people don't understand the way courts work.

The N.C.Court of Appeals, in October, released an opinion that said life begins at conception. They withdrew the opinion, so that's not currently a binding law in our state, but if it had stood, then that would be the law in our state. The Court of Appeals would have already announced: Life begins at conception. And you can imagine the waterfall, the cascade of consequences that would have had on everyone's lives. It would have been in the news. People would have known about it. It's just that they took it back before it became official. So if you're not paying attention to that … you're not going to realize what happened until it's too late.

Those of us at FLIP NC are extremely disturbed by the way the court is moving to the right. You’ve cited this “life begins at conception” decision that was withdrawn. Unfortunately, GOP extremism is very prevalent on the court. Can you speak about the extremism and your views about the damage that does?

Sure. When people go to court, they're not going to win every time. They're going to lose [sometimes]. But the most important thing is to know that they were heard, to know that they were listened to, that what they were saying was understood, thought about, and maybe rejected.

But what you don't want to know, going into a courtroom, is, “I'm going to lose” ahead of time. “Because I know how [this judge] is going to vote. I know how they're going to rule.” And so right off the bat, you don't think you're going to be heard. It doesn't feel like you're going to be heard.

As an appellate practitioner, when I file a brief, I'm usually pretty hopeful that I'm going to win. But if I sit back and think about it, it can be predictable – how a certain judge is going to rule in a certain case. That’s disappointing.

It’s confusing to voters. You all have a “D” next to your name on the ballot. You are Democrats, but you're not supposed to behave like a partisan actor from the bench. Can you speak to that tightrope you're walking?

Right now, I am involved in a partisan election, which means that it's Democrat against Republican. That means you have to kind of be a politician. You have to – otherwise you're not going to get elected. But once you enter the courtroom, politics has no place. It shouldn't matter. And it doesn't. I can't imagine ever saying: “You lose because you're a Republican.” That's just not the way it should work.

You have to leave that at the door. When I go around the state, I hear, “Why is this a partisan election? Why are you doing this?” Well, that's the way the Republican legislature set it up, and that's the rules they've made. We have to play by them. Otherwise, the Democrats are never going to have a judge on the bench.

But, once you get [to the bench], partisanship has no place. It's difficult for people to believe that because of what I'm saying now. But right now, I'm not a judge. I'm a candidate.

What are you hearing from North Carolinians as you meet voters? What is weighing on their minds?

I think the most important issue that I hear about, that resonates the most with everybody, is reproductive freedom. Bodily autonomy. The ability for women to make their own medical decisions. That resonates and echoes everywhere I go. It's an important issue. Probably is the most important issue that that we talk about because it's in danger. I mean, that is a threat to all women right now.

The partisanship is another thing; it comes up. “Why is this partisan?” “How do we stop this cycle of: The Democrats are in charge, and they're going to go one way, and now the Republicans are in charge and they're going to go another way?”

I think it's been fed by what the [state] Supreme Court did by overturning itself mere months after new judges came on the bench [in 2023]. People have seen that, and they said, “What's to prevent that from happening next time?” One quote that I like about the judicial system is that the entire thing, the whole system is based on the faith that a judge will keep their oath. If there's no integrity there, the whole thing falls apart. And it's hard to trust it at that point. You see that, from the U. S. Supreme Court all the way down.

What is your advice to anyone who's going to get involved this year? To anyone who is going to do voter outreach?

First, they can get involved with FLIP NC because you all have very easy ways to get involved and to make a legitimate difference.

I talk about your lit drop program everywhere I go. As I understand it, the program is expanding, almost exponentially. People say: “How can I help?” The best thing you can do is to canvass, to talk to people, to phone bank, to drop literature. That's the number-one way people can help.

Second, I campaign with [Secretary of State] Elaine Marshall. I see her at events. She's a great politician. What she says is: “Any politician worth their salt, when they have an opportunity, when they're speaking to people, is going to say, ‘I need your financial support.’”

The reason I need it is because I need to talk to people also, and that costs money. I can send out mailers to thousands of people at a time. I can put up advertisements. I can promote my social media. That takes money, and it's uncomfortable to ask for it, but you'd be a fool not to follow Elaine Marshall's advice if you're a politician. So people certainly can donate financially.

It's not the easiest time to be running for office. Politics are divisive and messy. What's giving you hope these days?

Kamala is giving me hope. Like I said earlier, it’s a palpable turnaround of enthusiasm and energy.

*Eldred with Democratic Party Chair Anderson Clayton*

Another thing that gives me hope: I was at a Young Democrats meeting last night in Chatham County and to see the younger people involved – it's fantastic. I don't know if that's driven by the [state] party leadership, which itself is extremely young. Anderson Clayton is the youngest party chair in the country. Full of energy. But she said it last night. In 2008, younger people delivered North Carolina, and to see them involved is fantastic. Because we can win. If the Democrats get out and vote, I'm convinced we win every time. There's more of us than there are of the other side, and the youth is a big part of that. … One reason I got involved was to help make a better place for my daughter. I know it sounds corny, but she is what's important, and children are what's important. To have them engaged and involved and to recognize that the courts do have – as the third branch of government – a huge, huge influence on everyone's lives, even if they don't see it. That’s what keeps me going.