Superior court judge announces retirement
Date: 2/29/00

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Shana Bretzius Star Managing Editor

 

SHELBY - "You can't replace somebody like John."

Attorney Julian Wray echoed the sentiments of many Monday as news spread that Senior Resident Superior Court Judge John Mull Gardner would retire effective Wednesday.

Gardner has served Cleveland and Lincoln counties for 20 years as a superior and district court judge and assistant district attorney.

Gardner issued a brief statement Monday thanking the people of Cleveland and Lincoln counties, but reserved further comment on his retirement.

Chief District Court Judge James Morgan said Monday he is interested in succeeding Gardner, but admits his announcement came as a surprise.

Morgan said he's thought before about running for the superior court seat.

"If the opportunity ever arose, it was something I'd like to do," said Morgan, who has served on the bench with Gardner for the past nine years.

"He is so steady all of the time. He's just a good friend of mine."

He describes Gardner as, "very thorough and very fair."

On Monday, Morgan and others attempted to nail down how a successor will be named. Morgan referred to the state constitution which says the governor will appoint a successor. Any interested member of the local bar could submit his or her name to Gov. Jim Hunt, unlike the district court appointment process where the local bar association nominates three people.

After the appointment, a non-partisan November election would be held, said Cleveland County Board of Elections Director Debra Blanton. That race would be a plurality election, meaning the top vote-getter would fill Gardner's vacated seat.

Those seeking the office would file with the State Board of Elections, said Ms. Blanton, adding that the filing period would be a minimum of five working days.

Gardner's brother, Attorney O. Max Gardner III, said his brother is, "one of the finest superior court judges we have ever had."

The Gardners' great-great-grandfather, James Lamar "Judge Jim" Webb, served as superior court judge in the county for nearly 30 years.

"He was highly respected, well-known and considered one of the better judges," said O. Max Gardner III.

And Gardner's great-great-uncle, E.Y. Webb, served as federal district court judge for Western North Carolina until his death in the early 1950s. He was appointed by Woodrow Wilson.

"The judicial tradition has been in our family for over 100 years. John has certainly carried it forward in as fine a way as he possibly could," said O. Max Gardner III. "I think the guiding principle he had was to make sure everybody had a full, fair and complete hearing in his courtroom."

Gardner said his brother always treated everyone in his courtroom with respect and dignity.

"I think it was a very difficult decision for him to make," said Gardner about his brother's retirement. "In the end he had to do what was the best for him and his family."

O. Max Gardner III said being an exceptional judge takes a very high energy person with a deep understanding of the law.

"I don't think the public really realizes how much pressure is on a judge, every single judge in our system," he said. "They're sort of the forgotten element in the system. Our judges are faced with very complex cases, very heavy caseloads.

"John has always done it more than the right way."

Cleveland County Sheriff Dan Crawford grew up with Gardner and will miss his wisdom on the bench.

"He is certainly a very competent judge who has served well and admirably in his position of resident superior court judge for Cleveland County. I have been fortunate to know him both personally and professionally, having grown up with him in our younger years."

Crawford said Gardner is a graduate of UNC-Chapel Hill, a former Morehead Scholar and the grandson of former North Carolina Governor O. Max Gardner.

"I have the utmost respect for him as a friend and also as a judicial official who has served in the position of superior court judge in a very professional and honorable way."

One of the things Julian Wray most admires about Gardner is that, "he's the same human being that I knew 15 years ago."

Wray said it will be impossible to replace Gardner's experience on the bench.

"Today's news was a surprise," said Wray. "I heard it last night (Sunday). I didn't sleep well because of it.

"I get emotional about it because he's such an outstanding judge," said Wray. "The state would be hard pressed to find anyone who would meet his qualifications. He's smart, he's ethical. He has a wonderful reputation in the state."

Wray said one of the strongest strengths of Gardner's is his judicial temperament.

"You knew what lines not to cross with him. I think he handles a lot of difficult situations. He was always even-handed," said Wray, "and that helped everybody in the courtroom.

"I just think that he's just so outstanding. We're very fortunate to have had him. I hope he changes his mind."

Monday's statement from John Mull Gardner:

It is with mixed emotions that I announce my retirement as the Senior Resident Superior Court Judge for Cleveland and Lincoln Counties, effective Wednesday, March 1, 2000. I have worked for the State of North Carolina for the past 20 years, and it has been a high honor and distinct privilege for me to have served as a Superior and District Court Judge, and as Assistant District Attorney of the 27B Judicial District.

I have genuinely enjoyed my work as a judge; however, at this stage in my life, I have decided that it is time for a different direction. My doctor has advised me to slow down, and I believe that a career change is the right decision for me and my family. I am excited about moving on to the next challenge and look forward to all the possibilities. Before leaving, I want to express my appreciation and thanks to the people of Cleveland and Lincoln Counties and to my many friends who have helped me and who have worked with me for the last 20 years. A judge is only as good as the people who provide support and assistance on a daily basis. I have been blessed with more than my share of competent and dedicated people throughout my judgeship, and they all have my everlasting thanks and heartfelt appreciation."

John Mull Gardner