Candidate Biography (submitted by candidate):

Daniel Garner is a life-long resident of North Carolina, born and raised in Raleigh and currently residing in Wake Forest. He received a B.A. from UNC-Chapel Hill in 1974 and a J.D. and a M.B.A. from there in 1982.

He taught high school in Greensboro between college and law school, then after entering the bar, Daniel practiced in Durham from 1982 to 1991. He enjoyed a varied practice -- tax, business, real estate, litigation, estates, securities. In 1989, Daniel founded his own firm but closed it during the recession of 1991. He then became an appeals referee -- an unemployment hearings judge -- for the Employment Security Commission. Over seven plus years there, Daniel estimates he heard 6,000 cases and issued written decisions.

In 1999, Daniel became counsel (Executive Legal Specialist) to the N.C. Commissioner of Banks. In that capacity over the last 11 years, he has served as a hearing officer in administrative enforcement actions; managed appeals to the Commission and to the courts; negotiated and drafted legislation and seen it enacted. Daniel has handled administrative rulemakings, declaratory rulings, numerous interpretive letters construing laws and regulations, and so on. 

Daniel married the former Cheryl DeJong of Raleigh in 1975, and they celebrated their 35th year together in July. Daniel and Cheryl have 11 children, aged 14 to 30, all home-schooled (seven college graduates, so far). They also have 12 grandchildren. Daniel and Cheryl attend Sovereign Grace Church in Apex, North Carolina.

Voters should elect judges who understand that legislators legislate (make laws) and judges judge (interpret and apply law). Our federal and state Constitutions require a separation of powers; when a public servant in any branch casts off this constraint, he or she breaks faith and creates problems instead of solving them.

In hearing those 6,000 cases as an appeals referee for the Employment Security Commission, I realized that the best thing I could do for the parties appearing before me was to hear them fairly and impartially and attentively. Sometimes I did not like the outcome as I applied the law to the evidence presented. I concluded, however, that an honest judge must decide each case in accordance with the law and the evidence rather than bend the law or the evidence to reach a particular result.

Occasionally, in my current role, I have found myself thinking that the law should be different, but government lawyers are bound to the law just as those regulated. Neither judges nor regulatory agencies should go beyond the law.

This takes self-restraint and even humility on the part of trial judges, but also on the part of advocates and appellate court judges as well. An oath to uphold the Constitution (whether that of North Carolina or the United States) is not a mere formality.

Judicial restraint serves the cause of justice longer and more ably than judicial activism. My "judicial philosophy" rests on a deep respect for other people, a deep respect for the law, and a strong desire to "do the right thing." Character matters!

I would like very much to serve the citizens of North Carolina on the Court of Appeals. Please visit my website, www.GarnerforJudge.com, and please make me your first choice on November 2nd.