Our State Motto
Esse Quam Videri: A motto and sound advice for us all.
The State Seal of North Carolina contains the motto adopted in 1893 “esse quam videri” which is often translated as “to be rather than to seem.” This statement, is however, only part of a line taken from Cicero’s essay “On Friendship” or “Laelius de Amicitia” which was written in 44 A.D. (Chapter 26).
The full quote is: Virtute enim ipsa non tam multi praediti esse quam videri volunt. And this may be translated as: Fewer possess virtue than those who wish us to believe that they possess it. The rest of the passage continues:
It is such people that take delight in flattery. When they are addressed in language expressly adapted to flatter their vanity, they look upon such empty persiflage as a testimony to the truth of their own praises. It is not then properly friendship at all when the one will not listen to the truth, and the other is prepared to lie. Nor would the servility of parasites in comedy have seemed humorous to us had there been no such things as braggart captains.
In this work, Cicero is discussing the nature of genuine friendship. A friendship not based upon pleasure, or utility, for those are easily formed and easily dissolved. Once we stop receiving pleasure from the other person, the friendship ceases. Too many couples today mistake pleasure as the basis for marriage and that is the number one reason given by people seeking a divorce these days. “He or she doesn’t make me happy anymore.” It’s no wonder that divorce rates in the U.S. are near 60%.
The same holds for utility, i.e., benefit. The employer/employee relationship is based upon this kind of friendship or civility where the relationship exists only because of a mutual benefit. Once the benefit ceases, the relationship is soon to dissolve. How long would you keep working for your current employer if you no longer received a paycheck at the end of the week? Your boss really isn’t your friend, at least not a genuine friend.
It is the friendship based upon virtue, a reciprocity of good will and affection for the other, that is Cicero’s concern. It is this genuine regard that one has for the other, as one is concerned with oneself, that makes life worth living. Were a man to have every good that life has to offer, e.g., health, wealth, riches, and good fortune, but not have a single genuine friend with whom to share those goods, his life would remain a life not worth living. Think about it. When something wonderful happens to us, we meet the girl of our dreams, land the job we’ve been trying to get for years, what’s the first thing we do? We call a friend. Imagine having all the good fortune in the world but no one to call? No one to share the good news with?
For Cicero, at the core of a genuine friendship lies virtue, the ability to do the right action, consistently as a matter of habit. Virtue is a permanent character trait that is the result of a lifetime of hard work and experience. It is life and the plethora of experiences, both good and bad, that teach us how to be virtuous. And it is wisdom that also comes from learning those hard lessons. In other words, virtue is essentially linked with truth. Learning to be virtuous and capable of developing genuine friendship requires a respect for the truth. It requires the ability to make decisions about how to act that are fully in accord with the truth.
And that is the meaning of our state motto: Be wary of those who tell us what we like to hear rather than those who tell us the truth about ourselves. If we surround ourselves with “yes men” we deprive ourselves of learning the truth, about ourselves and about others. And ultimately, we deprive ourselves of the capacity for friendship.
NCGS § 144-2. State motto. The words “esse quam videri” are hereby adopted as the motto of this State, and as such shall be engraved on the great seal of North Carolina and likewise at the foot of the coat of arms of the State as a part thereof. On the coat of arms, in addition to the motto, at the bottom, there shall be inscribed at the top the words, “May 20th, 1775.” (1893, c. 145; Rev., s. 5320; C.S., s. 7536.)
Judicial Performance Evaluation Released
How Good are Durham’s Judges?
The North Carolina State Bar Association has recently released (September 2008) the results of an extended study on the performance of District and Superior Court judges. The information was gathered from more than nine thousand practicing attorneys across the state. Among the criteria evaluated were:
1. Legal Ability: including legal reasoning skills; knowledge of the law; knowledge of the rules of procedure and evidence; and ability to keep up with current changes in the law.
2. Integrity and Impartiality: includings the avoidance of impropriety; treating people with dignity and respect; maintaining a neutral presence on the bench; basing decisions on the law and facts without regard to parties or counsel; and acting without bias toward anyone based upon personal characteristics.
3. Communication Skills: including the use of clear and logical communication in court.
4. Professionalism: acting in a dignified manner; attentiveness to proceedings; acting with patience and self-control; treating pro-se (self-represented) parties with fairness; and demonstrating the appropriate level of empathy with the parties.
5. Administrative Skills: includes being punctual for court; prepared for court; maintaining control over the courtroom; enforcing rules, orders, and deadlines; making decisions in a prompt and timely manner; and managing the court’s calendar efficiently.
So how well did North Carolina’s Judge’s do?
Based upon the combined results, North Carolina’s judges did very well on a scale of 1 to 5 as follows:
5 excellent
4 very good
3 acceptable
2 poor
1 unacceptable
Most judges were deemed very good or better.
However, if one looks at the individual results, i.e., how each particular judge fared, there were a significant number of judges in each region whose performance was well below the statewide average.
So how did Durham’s judges perform? Of the forty district court judges in division three, a majority came out at or above the statewide average, which is very good or better. However, at least 12 were consistently rated poor or unacceptable in all of the above categories. So who are these judges? As members of the voting public we would all like to know; however, don’t hold your breath.
The specific results for each judge will remain confidential. According to the NC Bar Association, “the two pilot surveys were undertaken as a study to determine whether surveys of this kind could provide reliable and valid information for use in evaluating the performance of judges and to provide some feedback to judges for the purpose of possible self improvement. It was never intended to be a basis for releasing information to the public for use in the upcoming election.”
Although the public won’t learn the results for any particular judge, each judge does know the results of the survey as every individual judge was given his or her results of the survey to “self-improve.”
The entire report may be viewed at: http://www.ncbar.org/download/ncba/jpeDraftReport.pdf (It’s a very large pdf file so it may take a few minutes to download…have patience since it is well worth reviewing.)
Remembering the old adage “silence speaks louder than words,” I’m left to wonder which of our Durham judges will or will not make their results public when they run for re-election?
Storch will not accept campaign donations
Why? According to North Carolina’s Code of Judicial Conduct, it is permissible political conduct for a judge or candidate to “personally solicit campaign funds and request public support from anyone for his own campaign” or to allow others to do so for him. According to this rule, a sitting judge or candidate running for judge is free to accept hundreds or even thousands of dollars in donations from local attorneys and other special interests who appear in that judge’s courtroom.
This flies in the face of other fundamental and more important canons of judicial ethics, namely that: 1) a judge should uphold the integrity and independence of the judiciary; 2) a judge should avoid impropriety in all his activities; and 3) a judge should perform the duties of his office impartially and diligently.
The purpose of these canons is self-evident. Judges are central to our democracy. They resolve disputes between people peacefully and fairly. They protect citizens from the power of the government, and they apply the law to protect or punish people.
In order perform these functions impartially and independently, a judge’s decisions should not follow public opinion, or promote special interests. How much faith would you have in a judicial proceeding if you knew that the opposing attorney donated $500.00 or $1000.00 to get the judge who is deciding the outcome of your case elected to the bench? And every judge must know where every penny raised during a campaign comes from, as required by Board of Election Regulations. He or she cannot claim ignorance of the source and amount of campaign funding.
This is why Dr. Storch is not soliciting, personally or indirectly through his campaign committee, any cash contributions even though North Carolina law says it’s perfectly fine.
Some judges and candidates have spent as much as $32,000.00 in recent elections to get elected as district court judge. That’s almost one third of a district court judge’s annual salary. Steven Storch has vowed to spend his own money to get elected. But let one thing be clear, he is not going to try to pull a Ross Perot and spend a small fortune of his own money in an attempt to buy the election. On the contrary, his campaign is registered with the State Board of Elections as a Threshold Campaign. This means that Dr. Storch has certified to the State Board of Elections that during the entire election cycle he will neither raise nor spend more than three thousand dollars ($3,000) to further the candidate’s campaign. This certification is made on the Certification of Threshold form (CRO-3600) which is on file as a public record.
Isn’t he dooming himself to failure by not raising and spending all the money he can? After all, isn’t advertising necessary? Yes, advertising is necessary. And expensive. And so are campaign managers, and hired help. Just check the campaign expenditures of past candidates. Many candidates have spent more than $10,000.00 per election cycle. Campaign managers, fundraising dinners, printing, can and do cost thousands.
Then how can Storch succeed in getting elected? The answer is simple, he wants to earn your vote, not buy it. He wants to demonstrate his skills and abilities by talking with people, earning their trust and answering their questions and concerns about Durham’s legal system. In short, by direct communication which is the best form of advertisement. Any candidate can have a brochure printed up and bulk mailed or print up a thousand signs and have them put up around the city. But when was the last time a candidate for judge knocked on your front door and talked to you about what matters to you?
If you are a registered voter in Durham, expect Dr. Storch to come knocking on your door sometime in the next 12-18 months. He’ll be asking you for your support. Not in the form of a cash contribution but a signature on a petition to have him added to the 2010 ballot for District Court Judge. He’ll need at least 20,000 signatures and plans to get every one in a door to door petition drive, one at a time. And he might also ask for permission, when election time approaches, to place a campaign sign in your yard.
If you’re not available when he comes to your house, be assured that the red white and blue door hanger hanging on your door knob was left there by him. And feel free to email, call, or write Dr. Storch with any concerns or questions you may have.
Storch is going to run for District Court Judge
A Gentleman and Scholar to Vie for District Court Judge Seat
Durham, North Carolina, July 9, 2008
Dr. Steven R. Storch, current Durham County assistant district attorney is getting his campaign set for the 2010 election year.
“Doctor,” as some who work with attorney Storch call him, isn’t a medical doctor but a former professor of philosophy turned attorney 5 years ago. “It’s not a title I wear on my sleeve,” says Storch. “Most people don’t know of my academic background and I don’t usually mention it. Gloating is something I teach my children not to do, so I don’t talk about past academic achievements in general conversations.”
So why mention it now? “My doctorate in philosophy is one factor that got me hired with the district attorney’s office last year, just after the accusations of impropriety came to a head with the Duke Lacrosse Case. My area of specialization within philosophy is ethics, and I’ve got 18 years of university research and teaching experience. Couple my 5 years experience in civil and criminal law with my extensive professional academic background and you’ve got the perfect set of qualifications for a judge.”
The next election will be the primary in the spring of 2010, which is only 22 months away. Rather than pay the simple $1,000 filing fee as most candidates do, Dr. Storch will launch an old fashioned signature petition to get his name on the ballot. “There are over one hundred and fifty thousand registered voters in Durham County and I plan on getting as many of their signatures as possible. It will not only get me on the ballot for the primary election but will give me a chance to meet each voter personally and find out what he or she thinks about our court system.”
Why the move from the District Attorney’s office to the Bench?
“I love working as a prosecutor. It allows me to do more than talk about justice in the classroom. Now I can have a positive effect on people’s lives by carrying out justice in the courtroom. But to fulfill that function as a judge would make the greatest use of my skills for public service. And I would carry out that task with the highest degree of integrity and honor.”
About the Author: Steven Storch is an assistant district attorney in Durham County, North Carolina and the sole designer, author, and webmaster of this web site. Any and all credit or blame for its content should be attributed to him.
Homo Universalis