In re Foster

CourtSupreme Court of North Carolina
DecidedMarch 22, 2024
Docket347A23
StatusPublished

This text of In re Foster (In re Foster) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Foster, (N.C. 2024).

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

No. 347A23

Filed 22 March 2024

IN RE INQUIRY CONCERNING A JUDGE, NOS. 22-073 & 22-395

ANGELA C. FOSTER, Respondent

This matter is before the Court pursuant to N.C.G.S. §§ 7A-376 and -377 upon

a recommendation by the Judicial Standards Commission entered on 21 December

2023. The Commission recommends that respondent Angela C. Foster, a Judge of

the General Court of Justice, District Court Division, Judicial District 18, be

suspended for conduct in violation of Canons 1, 2A, 2B, 3A(3), 3A(5), 3B(1), and 3C of

the North Carolina Code of Judicial Conduct and for conduct prejudicial to the

administration of justice that brings the judicial office into disrepute in violation of

N.C.G.S. § 7A-376. This matter was calendared for argument in the Supreme Court

on 15 February 2024 but determined on the record without briefs or oral argument

pursuant to Rule 30(f) of the North Carolina Rules of Appellate Procedure and Rule

2(c) of the Rules of Supreme Court Review of Recommendations of the Judicial

Standards Commission.

No counsel for Judicial Standards Commission or respondent.

PER CURIAM.

The issue before the Court is whether District Court Judge Angela C. Foster, IN RE FOSTER

Opinion of the Court

respondent, should be suspended for violations of Canons 1, 2A, 2B, 3A(3), 3A(5),

3B(1), and 3C of the North Carolina Code of Judicial Conduct—violations which

amounted to conduct prejudicial to the administration of justice that brings the

judicial office into disrepute in violation of N.C.G.S. § 7A-376(b). Respondent entered

a stipulation pursuant to Rule 18 of the Rules of the Judicial Standards Commission

(Stipulation) in which respondent stipulated to the facts surrounding her conduct and

the disciplinary recommendation that she be suspended for 120 days without

compensation.

On 7 July 2022, Commission Counsel filed a Statement of Charges against

respondent in Inquiry No. 22-073. The charges alleged that respondent had engaged

in conduct inappropriate to her office when she called the Wake County Magistrate’s

Office on 3 March 2022. During the call, respondent utilized her judicial title to

inquire about the custody status of her son without disclosing the familial

relationship. Further, respondent yelled at the magistrate and demanded a bond

reduction based upon inaccurate and incomplete information.

Before Inquiry No. 22-073 was resolved, Commission Counsel filed another

Statement of Charges against respondent in Inquiry No. 22-395 on 23 February 2023.

The charges alleged that respondent had demanded, without notifying her chief

district court judge, that an assistant district attorney (ADA) and a presiding

magistrate close their administrative courtroom for her own use, despite an active

administrative order mandating that it stay open. The conduct resulted in over one

-2- IN RE FOSTER

hundred cases being continued.

Respondent filed her answer to Inquiry No. 22-073 on 8 August 2022 and her

answer to Inquiry No. 22-395 on 29 March 2023. On 27 July 2023, Commission

Counsel and respondent entered into the Stipulation containing joint evidentiary,

factual, and disciplinary stipulations as permitted by Rule 18 of the Rules of Judicial

Standards Commission that tend to support the decision to suspend respondent. The

Commission heard the matter on 11 August 2023, and the Stipulation was entered

into the record without objection. The Commission initially rejected the Stipulation

on 11 August 2023, but the Commission later accepted the Stipulation on 12 October

2023.

I. Recommendation of the Judicial Standards Commission

A. Findings of Fact

The recommendation of the Commission contains the following stipulated

findings of fact:

1. In Inquiry Number 22-073, the parties stipulate to the following facts:

a. On 3 March 2022, at 10:48pm, the Wake County Magistrates’ Office received a phone call from an individual listed as “Foster, Angela” on the caller identification. At the time, Magistrate Lauren May was on duty along with three other magistrates.

b. Magistrate May answered this phone call. The person on the other end of the line identified herself as Respondent, indicated that she was a Guilford County District Court Judge, and inquired if a defendant named Alexander Pinnix was in Wake

-3- IN RE FOSTER

County custody. Respondent appeared annoyed but did not seem to be directing it at Magistrate May at the time. At no point during this introduction did Respondent identify her relationship with Mr. Pinnix.

c. After looking in their system, Magistrate May was able to confirm for Respondent that Mr. Pinnix was in Wake County custody on a $1000 secured bond. In response, Respondent began speaking loudly at Magistrate May and requested that she change Mr. Pinnix’s bond to a written promise to appear.

d. Magistrate May was confused by Respondent’s response given that Respondent was not a Wake County judge but did not want to come across as rude, so she requested to put Respondent on a brief hold to look at Mr. Pinnix’s file. After reviewing the file, Magistrate May found that Mr. Pinnix was being held on Wake County charges of resisting a public officer and misdemeanor breaking or entering that had been sworn out before a Wake County magistrate with a bond set by a different Wake County magistrate.

e. Before returning to the call, Magistrate May enlisted the assistance of her three colleagues who had been nearby her cubicle for an unrelated reason. All four magistrates concluded that based on their training and experience that Respondent had no reason to be involved with the case as an out of county judge and that the situation sounded strange.

f. When Magistrate May returned to the call, she asked Respondent to explain her involvement with Mr. Pinnix’s case and provide a basis for changing the bond. As a result of Respondent’s response, Magistrate May explained that since she had not issued the charges or set the bond, she did not feel comfortable altering the bond of another magistrate.

-4- IN RE FOSTER

g. Respondent then requested the telephone numbers of the magistrates who had been involved with Mr. Pinnix’s case so that she could call them at home and ask them to change the bond. Magistrate May declined to provide this information but suggested that Respondent could call Wake County Chief District Court Judge Ned Mangum to discuss the situation. Respondent became extremely angry at this suggestion, indicated that she would never dream of calling a district court judge at that time of night, and again demanded Magistrate May alter the bond. Magistrate May suggested that Respondent could wait until morning to call Judge Mangum, however this suggestion caused Respondent to become even more upset. By this point, Magistrate May’s three co-workers could hear Respondent yelling through the phone receiver at her.

h. Respondent continued requesting Magistrate May to change Mr. Pinnix’s bond by saying that Mr. Pinnix had court in Guilford County the following morning on 4 March 2022, for a child custody case and that he needed to be present because the court was going to take away his children if he was not. She explained that Mr. Pinnix could not miss this court appearance, that calling Judge Mangum in the morning would already be too late, and stressed that the bond need to be changed that evening.

i. Magistrate May then muted the phone and again requested the assistance of the other magistrates.

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In Re Inquiry Concerning Judge Nowell
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In Re Martin
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245 S.E.2d 766 (Supreme Court of North Carolina, 1978)
In Re Inquiry Concerning a Judge, No. 76, Kivett
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In Re Daisy
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In Re Inquiry Concerning Judge Hardy
240 S.E.2d 367 (Supreme Court of North Carolina, 1978)
In Re Inquiry Concerning Badgett
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223 S.E.2d 822 (Supreme Court of North Carolina, 1975)
In Re Badgett
657 S.E.2d 346 (Supreme Court of North Carolina, 2008)
In Re Inquiry Concerning a Judge No. 53 Peoples
250 S.E.2d 890 (Supreme Court of North Carolina, 1978)
Geiler v. Commission on Judicial Qualifications
515 P.2d 1 (California Supreme Court, 1973)
In Re Inquiry Concerning a Judge, No. 08-174 Hartsfield
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In re Inquiry Concerning a Judge, Nos. 09-013, 09-018 & 09-029 Belk
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In re Foster, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-foster-nc-2024.