In 2026, the Democratic Party must defend the only three seats it currently holds on the 15-member N.C. Court of Appeals.We recently met with Judge Toby Hampson, who is seeking re-election to the Court of Appeals this fall.
Judge Hampson began his career at the state Court of Appeals, clerking for three judges. He entered private practice with the Raleigh law firm of Patterson Dilthey, focusing on trial and appellate litigation before joining Wyrick, Robbins, Yates & Ponton in 2007. At Wyrick, he led the firm’s Appellate Practice group. Hampson was elected to the Court of Appeals in 2018.
Below, he discusses his pitch to voters; the ways AI is affecting the judicial branch; what he is hearing from North Carolinians as he travels the state; and more.
How would you summarize your judicial philosophy?
My judicial philosophy boils down to a basic principle: When the law is properly interpreted and properly applied, it should make sense in the real world. And obviously, that always begins with a faithful application of the relevant statute, constitutional provision, precedent. But I think we can never forget the fact that the decisions we are issuing, the opinions we're writing, have a real-world impact on the lives of people all across North Carolina, in communities, large, small, and everything in between.
How does the Court of Appeals affect the lives of everyday North Carolinians?
Gosh, in almost every way imaginable. And it's almost an overwhelming question to have to answer because our court decides cases from all 100 counties in North Carolina, in cases civil and criminal. In most cases, our court is the court of last resort in North Carolina. Most cases that come up on appeal end in our court. They don't go on to the state Supreme Court. If you have an interaction with law enforcement, or you are law enforcement, our cases impact the rights and duties and obligations in those instances. Our cases involve family law matters. If you're going through a custody dispute, if you're going through a divorce. We handle those cases. We deal with cases involving property rights, injured workers, car accidents, zoning cases, cases that impact what you pay for utility rates, cases that impact what do you pay for insurance. Issues that can really impact your pocketbook. It’s such a wide variety of cases. And I could go on and on. A 15-member court, we issue well over 1,000 decisions a year in all these areas of law. You can pretty much name any aspect of life and law, and our opinions are going to speak directly to that.
What's your pitch? Why should people vote for you this November?
I grew up in the North Carolina Court of Appeals, as a lawyer. I began my career in the court as a law clerk for three judges. I spent my career litigating cases in the state Court of Appeals and state Supreme Court. I am, at this point, the only State Bar certified specialist in handling appeals serving on our North Carolina Court of Appeals. I've handled just about every kind of case that court hears. Everything from representing indigent parents whose parental rights are at risk, to folks that have been injured, to complex commercial litigation. And so, number one, we need judges on that court that have this real, hands-on experience dealing with all the kinds of cases that the North Carolina Court of Appeals hears. And I've served on that court for the last seven years, writing hundreds of opinions, a lot of which, the majority of which, have been unanimous opinions. But the reality is – this time around, it's even more fundamental. We need judges on that court that will stand up for the rule of law. Judges on that court that understand the lives of North Carolinians and who are willing to stand up to protect our rights and fundamental freedoms.
What is something you would change about how the North Carolina courts work?
I think we're really fortunate in North Carolina that, as a fundamental principle, our court system I think works really, really well as a unified court system, all across the state. Having said that, there's, of course, always room for improvement. One of the things I see is this feeling that somehow, the courts are becoming more and more inaccessible, particularly for regular folks with limited resources. The concept of going to court, the expense of going to court, the expense of hiring a lawyer is really having the potential to limit access to justice. What we're seeing is more and more of an influx of folks representing themselves pro se, which, in turn, leads, in this day and age, to more prolific use of AI to create pleadings and draft pleadings, which I think is starting to really overwhelm certainly our court, the courts across the state, as well as lawyers having to respond to these issues.
As we know, a lot of AI-generated materials are not good, are not accurate, or actually grounded in the law. Number one, I think we've got to figure out how to get our arms around AI before it sort of takes over our courthouses and figure out how to use it as an effective tool. But in doing that, we have to be really cognizant that we're keeping the doors to justice open in our courthouses and providing that access, through streamlining some of the processes to cut down on delays and time lags, which, in turn, cuts down the expense. We've got to be real mindful to make sure our courts really are working for the people of North Carolina and that the people of North Carolina believe that our courts are, in fact, working for them.
Voters will be electing three people to the N.C. Court of Appeals in 2026 – the only three seats currently held by Democrats on that 15-member court are up for grabs this fall. Your fellow Democratic candidates are incumbent Judge John Arrowood and Judge Christine Walczyk, a Wake County district court judge running for an open seat. Can you say a few words about your fellow candidates?
I feel so fortunate to be on the ballot with both of them. They're fantastic people, great candidates, great lawyers, great jurists. I'm not sure anybody brings more experience to the bench in North Carolina and to this race, particularly our appellate bench, than Judge John Arrowood. Like me, he began his career at the N.C. Court of Appeals, possibly a few years before I did, and served as a law clerk and staff attorney on that court. He was in private practice, litigating all kinds of complex commercial litigation for years. Served as a superior court judge, a trial judge, on our courts. And has spent 10 years serving as a Court of Appeals judge. And he is a strong voice for the rule of law. He is a careful and prudent jurist and somebody that I've looked up to for a very long time, as a friend and mentor. North Carolina is incredibly lucky to have a jurist of that stature on our Court of Appeals. I've known Judge Walczyk as a trial judge. She's served on the Wake County district court bench for about 19 years now, appointed by Governor Easley. My wife has a family law practice, so she appears a lot in the district court bench. We know that Judge Walczyk is somebody that's respected on both sides of the aisle by lawyers as somebody that is thoughtful – issuing common sense, straightforward decisions but doing it in a compassionate way. And so I'm excited to see just sort of that real world, real trial experience that she's going to bring to the North Carolina Court of Appeals.
What do you think voters should know about Justice Anita Earls, who is seeking re-election on the State Supreme Court?
You’re going to see lots of campaign stuff and ads, and Justice Earls has a great social media presence and a great campaign staff, but you need to know: That’s all true. That's all accurate. There is nobody I've ever met that cares more about people, that cares more about justice, and cares more about the intersection of justice and the people. Nobody cares more about making sure people have access to justice. Her whole career has been dedicated to that. Making sure the voices of regular people are heard and their rights are protected. Man, she is one of these transformational, inspirational folks. And another friend and mentor to me. To have somebody like that on our North Carolina Supreme Court is incredibly special. We are so fortunate in North Carolina to have Justice Earls.
FLIP NC is committed to bringing attention to state judicial races. Explain why that’s important – to pay attention to all judicial elections, all the time.
Judge Arrowood, Justice Riggs, and Judge Hampson
Our state Court of Appeals and state Supreme Court, when you elect a judge or justice, you're electing them for an eight-year term. That's a long time for somebody to be on the court. Your vote in these judicial races really kind of has an outsized impact. And we see that, not just in decisions that we've talked about affecting people's lives every day, but in cases involving bigger issues like redistricting, public funding of education, utility rates cases, cases impacting the environment. Your vote, particularly in these statewide races, really, really matters. And they're close, tight elections. We just saw in 2024, Justice Allison Riggs ultimately won her election by 734 votes in a statewide race. Think about that. Think about how much these votes matter. We see a lot of ballot drop-off between the top of the ticket and judicial races. In 2024, between Kamala Harris and Josh Stein, statewide, there was about a 200,000 vote drop-off to Justice Riggs. That's 200,00 people that cast their vote in a governor's race and a presidential race but did not cast a ballot for state Supreme Court justice. But these races have such huge impact on the lives of North Carolinians. As judges, as judicial candidates, we've learned, maybe finally, that in order to keep these races front of mind, to keep the importance of the judiciary front of mind for North Carolinians, it's up to us to maintain that message and not just check out for the next eight years. As much as we might want to just be able to do the job and avoid the politics. The courts are too important, and we have to do a better job of telling that to the North Carolina voters.
FLIP NC is extremely disturbed by the ways the courts have moved to the right. GOP extremism is very prevalent. Can you speak about extremism on the court and your views about the damage that does?
Whenever you talk about extreme partisan agendas impacting the courts, I very much ascribe to the Hamiltonian view of the judiciary in our governmental system – what Hamilton wrote in the Federalist Papers. And I'll paraphrase. Don't worry – I'm not going to sing it. It's essentially: The courts are, in a lot of ways, the weakest branch of government, in that we don't have the power of the sword. We don't have a police force, a Justice Department, that kind of thing, to enforce our rulings. We don’t have the powers of the purse. We can’t write the checks to pay for things and to have that behind our decisions. What we have is the faith and the trust of the public, right? That is where the court draws its authority. From folks following the rulings because they believe those rulings are made based on the rule of law – and not based on political considerations. At the end of the day, the only way our courts and judicial system can operate effectively – with the faith and trust of the people – is if they are, in fact, serving the people and not extreme partisan agendas. It’s absolutely critical that we've got to restore that public confidence in our courts. It feels like it's at an all-time low, based on a lot of the studies we're seeing. And the number one way to do that is to help ensure the public that those extreme partisan agendas are not the ones driving the decisions of the courts.
You’ve been hard at work – traversing the state, reaching out to voters. What are you hearing from them?
Judge Hampson at FLIP NC’s 2026 Launch Party
At the end of the day, North Carolinians just want a fair shake, right? In a world where it feels like the wheels of government are turning against them a lot of times, when it feels like the economy is hard out there for regular folks, in a world where it feels like corporate interests sometimes have a leg up. People want judges that will stand up for the rule of law, treat them with respect, hear their arguments, and treat their arguments with the level of seriousness and consideration they deserve. It’s not even about the result. They want judges that will follow the law. Courts where the facts matter, the law matters, and they can actually have their day in court and feel like they are getting that fair shake.
What’s your advice to anyone seeking to get involved this year? To anyone who is planning on talking to voters in the coming months? I guess you’d start with – do it! Get involved.
That's true. But sometimes, that's the hardest part. We all think we should do something. But then we look and think, “Gosh, maybe I'm not the one to go knock on doors. I don't want to have to go knock on the doors. And make the phone calls. I don’t have a lot of money.” But the reality is: There's always something we can do. The way we win, in court, is by having credible witnesses. The same is true in these judicial races. The way we win these races is by having credible witnesses all across the state that can talk to family members and communities and faith groups about why these races matter, why we need people to vote in these judicial races, and then, ultimately, why we have to elect Justice Earls and Judge Arrowood and Judge Walczyk and me to the court, based on our experience and our values.
Beyond that, you can obviously get involved in our campaigns. You can find my campaign at JudgeTobyHampson.com. You can get involved with the party. But even if you're not wanting to attach to any political party or political campaign, there are so many groups out there advocating for an independent judiciary, obviously FLIP NC being one of those. There are so many community and statewide groups that are doing the work to help preserve justice in North Carolina that you can be involved in.
How can folks help you in the months before the election?
Again, number one, be that credible witness force in your community. Number two, signing up for Field Team Justice, which is a canvassing effort where we're trying to raise awareness of these judicial races. You can canvass anytime, anywhere. Super easy. Using an app, it will pull up 16 homes close to you, where you can just go knock doors. Three, of course, we need your financial contributions to the campaign, to the extent you're able to do it. In our statewide judicial races, we're running basically a Senate or a gubernatorial campaign, but on a much, much smaller budget. Your contributions to our races actually make a huge difference in getting our messaging out to folks and getting their votes in these judicial races when, again, so many times, people leave the judicial races blank because they don't know who we are and the importance of voting. That makes a huge difference. We need your voice, and we need your vote and contributions. You can always sign up or express interest on the website. That'd be great.
It’s not the easiest time to be in government, and it’s not the easiest time to be a candidate for office. What is providing you hope these days? Where do you turn to for joy and laughter in these heavy times?
For hope, it's the conversations with folks that I'm having all around the state, right? And even in these anxious, trepidatious times, there truly is a sense of hope as we talk to folks. A sort of resilience of North Carolinians that know we're going to make it through these anxious times and hopefully get back to a time where we're able to have conversations across the aisle and get things done in government and have courts that serve the people.
But for laughter and joy, that's the time at home with my family. My wife, Kristin. Our three daughters, who are each in their own way incredible athletes. So it's rare that we're all actually home at the same time. But when we are, I love to cook and make dinners for the family and have that time to sit around, find joy, and laugh together. My oldest daughter is 16, our middle daughter is 14, and then our youngest is 10.
North Carolina-Themed Speed Round
Favorite N.C. Attraction or Landmark
The place I always get drawn back to is Raven Rock State Park, between Lillington and Sanford. It was a special place for me in law school, and it's relatively nearby. It's a great place to go hike and walk and just kind of reconnect.
Judges Walczyk and Hampson at the MLK Parade in Greensboro
Favorite Annual Tradition in N.C.
I'm kind of into parades. I love the Martin Luther King Jr. Parade in Greensboro every year. I think this was like the 36th annual parade. It was a lot of fun to march in that. That’s a really special day and a special event, along the boulevard there. A longstanding tradition.
Favorite N.C./Southern Food
I love to cook. So I love to smoke and make North Carolina barbecue on the smoker, but with a competitive cheerleader in the house who absolutely has to have a bottle of Cheerwine at every single cheer competition, no matter where it is in the country, we're often scrambling at RDU to find a bottle of Cheerwine. So that seems to be one of the key North Carolina foods that we're relying on in our house.
Favorite Way to Enjoy N.C.’s Great Outdoors
Walking, whether it's on the greenways, while the other girls are at soccer practice, or getting up to the mountains and walking trails. Just kind of slowing down, breathing, and just taking that time to clear your head in the great North Carolina air.
Favorite Artist or Celebrity Associated with N.C.
I have to give a shout out to my fellow North Carolina School of Science and Math alum, Rhiannon Giddens, who's a folk artist. We sort of overlapped a little bit. But her music – it's beautiful. It's powerful. So soothing, but also, at the same time, really carrying strong messaging.
Favorite Book or Movie Associated with Our State
Easy. Bull Durham. Sometimes, you win. Sometimes, you lose. Sometimes, it rains.