 |
| Jay
. Holloway, host |
| Judge
Herbert Richardson |
| Mary
Johnson |
Jay
Holloway:
District court judges have enormous power in this state. Their
decisions can take your children, end your marriage and garnish
your pay. Stay tuned to learn more about one Chief District
Court Judge, Herbert Richardson, next on Black Issues Forum.
[MUSIC]
Jay
Holloway: Hello, I'm Jay Holloway, and welcome to Black
Issues Forum. Tonight you're in for a real treat. We have
Chief District Court Judge Herbert Richardson. It's an honor
to have you with us tonight, Judge.
Judge
Herbert Richardson: Thank you, Jay.
Jay
Holloway: All righty. I'm certainly excited to have you
because it was just this past Spring where Judge Richardson
and I were attending a conference back in Fayetteville. It
was the council on black American affairs, I believe, an organization
of community colleges through the country, but the North Carolina
division here and we both were speakers. I spoke at the morning
opening sessions and I was treated at lunch with the keynote
speaker and everyone said, you know, "This is the kind of
thing that folks need to hear all across the state. And I
stood up in the audience and I said, "I volunteer the resources
of North Carolina's public television network and invite the
judge on Black Issues Forum and here you are.
Judge
Herbert Richardson: Thank you very much.
Jay
Holloway: You certainly gave an enlightening speech to
that audience that day and I think you have such profound
views that a lot of people need to hear. But our show producer
had a chance to talk to you, but she said you view your work
as social work, cause I want to use that to kind of set up
before we take a look at what you do down there in Lumberton.
Why do you view your work as social work?
Judge
Herbert Richardson: As a judge in Robinson County, 90%
of all the people that ever are going to touch the court systems
are affected basically in the district court. If you're going
to get your first traffic ticket, if you ever have your first
domestic problem with your spouse or your wife, you're going
to see district court. 90% of the public's opinion about whether
the court system works favorably or unfavorably to the public,
comes with that initial contact. So if I do the job very well,
everybody assumes that the court systems work very well. And
if you win, you come out thinking, "This is a marvelous system."
But if you lose you might have less than a credible opinion
about - the district court is what we call the people's court,
not like the television show, but it is a court where you
can come in and feel comfortable and speak to a judge and
say, "This is my position. This is what I say happened" and
it is not so formal that you have to have a lawyer every time
to come in and to defend yourself or represent yourself. So
therefore, we have to make our courts more people oriented
so therefore it is not as formal as maybe a federal court
or a superior court and therefore the public feels a bit more
at ease to state their contention and to pray for a result
they hope is favorable to them.
Jay
Holloway: Well you have a lot of strong views, I know,
because I've talked with you and I've heard you speak on the
family taking responsibility, on really getting involved in
taking control of those schools, and the community getting
really involved. But first what I want to do is take folks,
and me included, to Lumberton and I want - because you know
you can really tell a great deal about a person when you watch
them at work. Now our show producer Mary Johnson recently
visited Judge Richa rdson's courtroom and here is her report.
Mary
Johnson:: The town of Lumberton has few more attractive
streets that this one; it's Elm Street. Lumberton is the home
of our guest today, Judge Herbert L. Richardson, Chief District
Judge of the 16B judicial district. This is Robinson County.
It is the unlikely spot where Judge Richardson is living the
American dream, the Horatio Alger story of a person the judge
calls a "poor little tobacco farm boy out of Nash County."
Judge Richardson, a native of Nashville, North Carolina, is
the son of the late Reverend Kermit Richardson and Mrs. Lou
Richardson of Hollister, North Carolina. He received a Bachelor
of Arts degree in 1973 and a Juris Doctor degree in 1976 from
North Carolina Central University. Judge Richardson began
his law practice in Durham in 1976. Later moving to Lumberton
and becoming its first minority member of its district attorney's
office. In August 1979, Governor James B. Hunt appointed him
to the distr ict court bench where he is now serving his fourth
term. Judge Richardson was appointed Chief Judge on December
1, 1994. Here are some scenes from that swearing in ceremony.
Judge
Herbert Richardson: I want to say to my great-grand-mother,
who is up there, and we're videotaping so that she can see
it. I want to say to my grandmother, for all the tea cakes
and sweet potatoes and biscuits, thank you. To my grand-father,
though he cannot be here, for the many times I walked with
him across a freshly plowed field and tried to step in his
steps, even though I wasn't tall enough to do it, I thank
him for that. I want to thank my dad who is here. My mom,
let me tell you something, I don't care what anybody tells
you, and my dad in Nash County if any of you get a chance
to go there - my dad is the kind of fellow that if you could
walk into a hardware store and order something and the fellow
says, "Ain't you the preacher's boy?" and he'll go, "Take
it all." You didn't need any money, you just needed to know
that you were the preacher's boy. And that's what my dad is
back in Nash County. The fact that you belong to him is all
the credit you need anywhere. Can you imagine growing up in
the shadow of a man who you could walk into a store and just
cause they recognize your face you can get anything that you
want - can you imagine what it is to grow up in the shadow
of a man like that? And my mama was his boss. [LAUGHTER/APPLAUSE]
Behind any good man, there's a woman, but behind every great
man, there are at least two or three women. And this is one
right here. I want to show you one that I am extremely grateful
to. Now this lady has pulled a life sentence. She's been married
to me for twenty years. I want to introduce you all to my
lovely wife, Ms. Patricia Richardson. There's my idol, my
look-alike, ______ Herbie. Stand up. If you ever want to know
what means most to me in my life today.
Mary
Johnson:: The 16B judicial district that includes Lumberton
now has minority judges in five of its seven positions. Judge
Richardson has worked very hard for this and he is considered
a consummate politician as well as a common sense judge. He
is a member of the North Carolina Bar Association, the North
Carolina Academy of Trail Lawyers, the North Carolina Association
of Black Trial Lawyers, North Carolina Association of Trial
Judges, and the National Association of Trial Judges. He serve
s as a member of many boards and advisory councils. He has
truly become that poor little farm boy from a tobacco area
who is now at the top of his form.
Jay
Holloway: Judge, how did you do that from tobacco boy
to a chief district court judge?
Judge
Herbert Richardson: I had a lot of help. My dad had been
a good Baptist preacher who believed in hard work. I surrounded
myself with good people, good teachers like Miss Rosalie Beatty
from Nash County, Miss Annie Duncan, the librarian from North
Carolina Central University's law school and Dean Sampson.
They all spent a lot of time helping me. I was country and
rough and I needed people to rub the rough edges off of me
and make me suitable for the practice. And these people gave
me ad vice and counseling and as a result of listening and
having a lot of other people praying for me, I was able to
move from a rural environment to Durham and then from Durham
to Robinson County. Now Robinson County is a little unique
for those people in North Carolina that don't know. It is
a tri-racial county: blacks, whites and native Americans.
And to go to a rural environment where I'm an outsider and
then come in there and in less than a year become a judge
is almost unheard of anywhere in this state. And because of
hard work and an effort to understand the people that make
up that county and to understand their problems and what they
need from the court system - because I was willing to listen
and then to work with them, an opportunity opened up and the
next thing I knew I was on the bench.
Jay
Holloway: Well now, let's talk about this because some
of the views I think you're about to express now in terms
of responsibility that we need to take in our own communities
to overcome the many problems that African Americans have
in today's society in this state in rural and urban metropolitan
areas in North Carolina - one of the categories is just family
responsibility. You have some strong views about what our
families need to do.
Judge
Herbert Richardson: I think the first thing you have to
understand is that in order to succeed, you must be successful
at home. You must take care of business at home. That means
you must be a father that provides for your children and your
wife. You have to be there to help your children with homework,
with discipline, you've got to be a motivation coach, you
have to pray with them, and occasionally you may need to spank
the bottom a little bit to make sure it works. But you cannot
do it unless you are home. And you cannot do it by telephoning
it in. You cannot substitute a day care for your parenting
efforts. You must do it yourself. If your child is gone astray,
it is your responsibility to get him or her and bring him
or her back. And it is your responsibility to make sure that
there is food a plenty. Make sure the educational opportunities
are a plenty. But more importantly, it's being parent a plenty.
People talk about quality time. There's no such thing as quality
time. Children need you all the time. And if you give them
that and encourage them and stimulate their bottom occasionally,
then they will succeed. I'll bet you money on that.
Jay
Holloway: You see a lot of this, I bet, in terms of people
coming into your courtroom and you see that some of these
things are perhaps not taking place.
Judge
Herbert Richardson: That is correct. They come in and
say, "Judge, I can't do nothin' else with him. Y'all can have
him. Put him in reform school. I don't know what to do with
him anymore." That's not the child's problem. Now I'm not
saying that all children are saints. I'm not saying that.
But you cannot wait till a child is 14 to try and spank him
the first time. You cannot tell him "no" at 14. You have to
start when a child is in your arms, or even before then, explaining,
"No, no, no. We don't do that kind of thing in here." We have
to take responsibility. We can no longer allow the government
to raise our children and set up policy and procedure for
raising children in our community. Who knows better how to
raise a black child than people who are born in a black community,
live in a black community, worship in a black community? Who
knows better than I do about my own child? I know when my
child is lying to me. I know it. You don't have to tell me.
I already know. But if you're not home, you won't have the
time to see the difference. And that's what we get back to
- let's stop trying to be so successful and become chairmen
of departments - let's start taking care of business and being
successful at home. Then you children will go out and do well
and you can sit back and brag about the fact that you have
two PhDs at your house who graduated summa cum laude and you're
very proud. Let's start spending time and making that effort
on our children, not so much on whether or not we have big
cars and fancy titles.
Jay
Holloway: Now, in terms of - your speech you made in Fayetteville
was centered around moving into the next millennium.
Judge
Herbert Richardson: Yes.
Jay
Holloway: And here we are a hundred year, well a little
over a hundred and thirty-some years ago, coming out of slavery
and here we are coming into a new millennium here now, a new
century. And you drew some parallels to where we came from
then going into a new century and now going into another century
which is also another millennium. Can you share that with
our audience?
Judge
Herbert Richardson: Well, in the beginning of the twentieth
century, which was the late 1900s, almost every black man
in America was employed. He worked in fields, in houses, grain
shops. Almost every black man in America was employed. He
didn't make any money, but he was employed and he want home.
And he took care of his family out of the two little dollars
or fifty cents that he made out of that day's work. And he
stayed home and took care of his children. And he also probably
raise d two or three grand-children or, we call them "absorb"
children. In the black community right now, we have a lot
of children that are in foster care, in orphanages and nobody
wants them. In the old days, if somebody had a child out of
wedlock or somebody left a child with you, you simply added
another cup to the soup and you stretched it and you threw
another child in the bed and you slept two at the head and
two at the foot. Right now in the black community, if a child's
parent dies, he's left to the state's award. Nobody absorbs
that child anymore. What happened to our community - when
we lived in those fields we could absorb children and we took
care of our own. There was no welfare. We made it off of what
we had. Now we have all these advantages, all the Medicare,
Medicaid, food stamps, and we can't take care of black children.
Jay
Holloway: So it's easy for a parent now, you're saying
easier, to accept these handouts and not take responsibility.
Judge
Herbert Richardson: Sure. If you know right now that if
you don't pay your bills at the end of the month you're going
to be out on the street and you won't have a car, then you
will find something to do. Now the moment you make people
understand that you are responsible for your actions - if
you create a life, you better create a job right beside it
to pay for it. If you cannot afford two children, you better
not have two. And you can't say, "Well it's somebody else's
fault." It's no o ne else's fault but yours. God gave you
everything you ever needed the day you was born: common sense,
the ability to reason and more importantly, you move your
mouth and say, "No." Well, that's simple in theory, but what
about the children in the street? Who tells them how to say
"no"? We're talking about the same point again. If you have
not taught your child how to resist temptation - and we have
parents who have as much problem as children saying "no" to
temptation. So if you can't say "no" to a new car, if you
cannot say "no" to a new suit, then how can a child say "no"
to a pair of Reeboks or baggy pants? Children learn by imitation.
They imitate us. So if we can't say "no" to temptation, then
they can't say "no." If we cheat on our taxes, then they lie
at school or they cheat on tests. So who is the greater liar?
You for cheating on your taxes or me for lying or cheating
on my test at school? They only did the same thing you did,
just on a smaller grade. So let's be honest. Let's stop lying
to ourselves and more importantly, stop lying to our children.
Make them tow the line, and we must tow the line as well.
Jay
Holloway: How do you balance, if there is a balance, between
your strong personal views and then when you're with that
role of a judge and you know someone's not doing this, but
these are your personal views. How do you balance that?
Judge
Herbert Richardson: It is unusual because there is something
more here at play than you might think. I am a black judge
living in a multicultural county - three races - and I have
to live with my wife, who is a beautiful African queen, and
two small children, and I live in that environment. Then I
have to live in my public environment, then I go to the courthouse
and put on this robe and magically be transformed into an
arbitrator, a referee of many affairs. And I cannot bring
anything t hat is not black letter law into it - my personal
views, my racial views, if I should have one whether I like
or don't like particular people, goes out the window. I have
a saying in my courtroom: I want to see green. When you're
in child support court, I want to see the color of your money.
Show me the money. When you're in domestic court, I want to
know, who is better suited to raise children? When you're
in my traffic court, did you speed or didn't you speed? It's
not a matter of, did the black officer stop you? Did the white
officer? That has nothing to do with it. Did you break the
law or not? Now that's professional. It's like it is when
you run this show. Your views on the show and your views outside
may be two different things, but we take care of business
in both places. I do my job better than anybody you've ever
seen. When I walk out of there and hang up that robe, I become
father, community leader, church leader. And I have strong
views about that. I enforce the law to the hilt in that courtroom.
And when I go home I enforce the law. And then when I'm in
church I try to live by the law, which is what the reverent
hands me, and I have to live by that rule. So there it's not
a problem. It is a serious problem for black judges because
we live in an environment where - all except for my county,
in my county we have Lumbi Indians as judges, African Americans
as judges, and whites as judges.
Jay
Holloway: Now how do you deal with that? Your physical
characteristics are, of all of those -
Judge
Herbert Richardson: That's interesting. Cause you and
I dealt with that when we came through school. And sometimes
people come in the courtroom and I'll say, "Who tried you
last time?" "I don't know. It was that white judge." Or sometimes
they'll say, "It was that Native American judge. I don't know
what it was, but it was that fellow sitting up there." And
I deal with it from a perspective like this - I deal with
what I am. I know I was born black and a Baptist, lived black
and a B aptist, and am going to die black and a Baptist. So
that does not bother me. People have problems with it, but
I just deal with it like, "Look. Did the judge have hair or
not? If he didn't have a whole lot of hair it was me because
I'm balding." So therefore they can tell me. But it does not
pose a problem. A lot of people say I'm more Indian than I
am black. It depends on who you ask, but my dad is African
American and my mom is, too. And a very beautiful lady she
is, too. But we don't let that bother us. I walk in that courtroom
and, as your producer can tell you, when I walk in that courtroom
it's business. I am a professional at what I do. And each
day before I walk in that courtroom, I've got a little sign
up over my door: "Lord, give me the strength to do right."
That is the key. No matter whether you are a black child,
a white child, a black judge, a white judge, you have to do
your best when you walk in that courtroom. If you cannot produce
the best each day you walk in that courtroom, you have no
business in there. And the day I cannot do that, I will voluntarily
take that robe off and I will never sit in a courtroom again.
I believe in doing it right the first time through.
Jay
Holloway: All right. Let's move to another category in
terms of schools. You have some strong views also about parents.
It's just a basic concept that parents need to be more involved
in the schools and take back control of these schools. What
do you have to say to parents out there about their involvement
in their child's schooling?
Judge
Herbert Richardson: First thing, don't be afraid of schools.
Schools are not prisons. They're not off limits to the public.
You pay for that school out of your tax money. You deserve
to be there. I'm of the opinion that the first thing you should
do when you put your child in public school is to go spend
a day. Go see that the environment is suitable to your child.
See if there's anything that might offend your child. Is there
anything that makes him feel uncomfortable or unsafe? I f
there is a place in that school that makes your child feel
unsafe, you should do something about it. Now, you say, "I
can't leave work to give up a day's work to go check on my
child." You either give up a day of your work to check on
him and make sure he's all right or you come downtown and
spend three or four days sitting in court. Which is cheaper?
I believe in preventative medicine and preventative maintenance.
Therefore, I'll drop in on my child totally unexpected in
the middle of the day just to let him know that I'm thinking
about him. And I want the teachers to know that I will stop
in there, unannounced and just say, "Oh, hi, I just came to
watch."
Jay
Holloway: Now you do that. I saw the sparkle in your eye
when we were watching the video of your two children. And
I know that you practice what you preach. Is that true?
Judge
Herbert Richardson: I love them dearly, but I'll warm
their bottoms if they don't do right. And that's what I believe
in. I expect excellence. I say, "Your job is to go to school
and to do well. My job is to make sure your house is comfortable,
your tummy is fed, you have nice clothes on, that you look
decent, and that you understand that God is your protector.
You need nothing else. So when you go to school, I expect
you to be an academically gifted student. And if not, then
you tel l me and I'll provide those resources for you." All
it requires is that you sit down with him or with her and
help them. A lot of parents will say, "Look, I don't understand
trig, I don't understand calculus." I understand that. But
it does not mean that you can't sit there and say, "Well look,
I don't understand it, but I'm willing to sit here with you
and help you through it and do whatever I can do." A lot of
times that will do more than a tutor. Just say, "I'm concerned
about your work, I'm concerned about your effort, and if you
need me, I'm here for you." Let your child who goes to school
next Fall know that. "I didn't get all the answers right,
but my mom was hanging in there with me." And that helps children
get through the day. School is difficult right now. When you
and I were in school, the only thing we worried about was
whether or not we were gonna have a girlfriend or not. These
kids have so many pressures on them, it's a wonder they even
survive through school.
Jay
Holloway: Now, judge, when you add the whole dilemma of
the family situation, then they go to school, but they've
got to come back, in many cases, in some very difficult drug
and poverty infested communities. What do African Americans
have to do to take back control of our communities?
Judge
Herbert Richardson: It's relatively simple. Every drug
dealer is somebody's child. Every thief, bum is somebody's
child. My theory is, take your child or your children and
go home, close the door. Half the drug problem in the black
community has disappeared because there's nobody out there.
Now, if you don't have anybody to sell drugs to, it's like
a television station - if you don't have an audience to sell
it to, you go out of business. You take your child and remove
the temptation. Stop giving him extra spending money that
you can't account for. Stop allowing him to roam the streets
unattended. Stop allowing him to just freelance. You bring
him home, that removes the drug problem out of your community,
it removes the temptation to steal to pay for these habits.
If the black community wants to clean up its own problem,
it's simple. Take care of your child, get him out of the streets,
and half the problem is gone. Stop buying stolen goods. Stop
allowing stolen goods to be bought and sold around you. Call
the police. You say, "I don't want to get involved." You must
get involved. If you don't get involved, they will take your
community, they'll take your children and they'll take your
very lives. So either you get involved or you die. It is that
simple.
Jay
Holloway: Is that problem in - I'm going to say Robinson
County is rural, but is it that prevalent in your county?
Judge
Herbert Richardson: It is a problem everywhere you go,
Jay. It's not just exclusive to Durham or Raleigh or anywhere
else. We have as much a drug problem because we have I/95
running through, which is the drug cart of the world. But
what we have tried to do is to teach the children, "Look,
you can get high, but not on drugs. Get high on the fact that
you can score and be an academically gifted child or that
you can steal second base." I bet a child would rather steal
second base any da y than steal a car. I'm of the opinion
that if a child sees that he can succeed, even if it is the
fact that teachers recognize him once a week. That he came
to school for five days and didn't get thrown into in-school
suspension. He should be rewarded. I think the news media
and all kinds of media should step up their efforts because
you can put an athlete on front page and run him at the six
o'clock news, but if a child becomes an academic all-American
or becomes a gifted child and does very well, nobody ever
sees him. Why do we reward the athletes but we don't recognize
the academic students? We should start turning our focus back
to saying, "Look, we respect your knowledge. We respect your
skill. And more importantly, we appreciate your hard work."
Jay
Holloway: Now the church has a lot of responsibility for
that. I know you have some views on that, and we have just
a couple of minutes.
Judge
Herbert Richardson: I'm of the opinion that we have the
most beautiful churches in the world, but they should be open
more than just on Sunday and Wednesday night. Your churches
should be open in the evening for after care to give these
children a safe environment to play in. We have beautiful
collections of books in these churches. Why aren't children
being allowed and being taught in these beautiful churches
on these real soft chairs where they could learn. We've got
a lot of teachers in these churches. They should be helping
these children with English and math and science and getting
them ready for the SAT. If we worked in these churches to
save as we claim that we ought to be doing, then I'm of the
opinion that you'll find SAT scores sky rocket. You'll find
academic performance and social performance start to improve.
You cannot make a child a good human being until you show
him what he needs to do.
Jay
Holloway: In 30 seconds, I know you have some strong views,
but in terms of representation on the bench and blacks going
into law school, what do you have to say about that?
Judge
Herbert Richardson: We need more blacks going into law.
You cannot complain that you don't see black judges when you
don't have but one or two black lawyers in a town. If you
want more black judges, send more of these black students
to law school, graduate them on time, we'll put them on the
bench for you, Jay.
Jay
Holloway: Okay. Judge, thank you so much. Time has run
out. We really appreciate you coming to share your thoughts
and views with us.
Judge
Herbert Richardson: Thank you so very much.
Jay
Holloway: And we certainly have learned a great deal about
how district court operates and we also have learned about
why Judge Herbert L. Richardson is the outstanding judge he
is today. Thank you for watching Black Issues Forum and please
look for more information on this show and other topics of
similar interest on our worldwide web site. That's at www.unctv.org
and we thank you so very much for watching Black Issues Forum.
There's our address on the screen. Give us a call at (919)
549-7167. And thanks again for watching. You have a blessed
evening and a good night.
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