Candidates for District Court, District 3B (Carteret, Craven & Pamlico Counties) (Smith Seat)
W. David McFadyen III and Judge Kirby Smith (Incumbent)

These two candidates are seeking the District Court seat that was held by Judge Waddell, who retired from the bench before the expiration of his term.  Kirby Smith was appointed to fill the unexpired term.

The North Carolina Bar Association is providing information about candidates for this contested judicial race derived from a survey it conducted of North Carolina lawyers.

The Non-Incumbent Judicial Candidate Evaluation Survey of March 2012 asked lawyers who were familiar with the work of attorney candidates for the trial bench to evaluate those attorneys on certain qualities that are required of good judges, as well as on the candidate’s “overall performance.”

Although not all lawyers rated all qualities, W. David McFadyen III was rated by 104 lawyers and Kirby Smith, who had not yet been appointed, was rated by 106 lawyers.

The chart and bar graph below are derived from the survey results.  The chart indicates the percentage of respondents who rated the candidate as “Excellent” or “Good” in each category.  The bar graph compares the “Average Rating” for each candidate in each category.

  W. David McFadyen III Kirby Smith
Integrity and Fairness 76.5% 89.5%
Legal Ability 65.4% 81.8%
Professionalism 76.7% 87.7%
Communication 73.5% 79.1%
Administrative Skills 65.4% 83.7%
Overall Performance 71.0% 86.3%

© North Carolina Bar Association. Reprinted with permission.