COURT OF APPEALS JUDGE JOHN M. TYSON APPOINTED TO THE NORTH CAROLINA DISPUTE RESOLUTION COMMISSION


Raleigh, NC - Chief Justice Mark Martin has appointed Court of Appeals Judge John M. Tyson to the North Carolina Dispute Resolution Commission for a three-year term.

"I am confident that the Commission will benefit from the knowledge and experience Judge Tyson brings to this undertaking, and I very much appreciate his willingness to serve on this important Commission," said Chief Justice Martin.

The 16-member Commission includes members from all three branches of government and serves in certifying and regulating private mediators, as well as recommending policy and rules relating to dispute resolution in the state's courts.

"I am honored by this appointment and hope to bring a practitioner’s perspective to the Commission," said Judge Tyson.

Judge Tyson has served on the Court of Appeals since January 1, 2015, and previously from 2001 to 2009. He served as a recall judge on the court and an emergency superior court judge from 2009 to 2013 and 2014 to 2015. Judge Tyson has actively served as a certified superior court mediator since 1992, a certified appellate mediator since 2003, and a certified U.S. District Court mediator since 2009. He has served as an active civil and appellate mediator and arbitrator for over 25 years.

Judge Tyson graduated as a member of the charter class of Campbell University School of Law in 1979, where he currently serves as an adjunct professor of law. In 2004, Judge Tyson earned a Master of Laws in Judicial Process (LL.M.) from the University of Virginia School of Law. Judge Tyson also earned a Master of Business Administration (MBA) from Duke University in 1988, and his undergraduate degree from the University of North Carolina at Wilmington.

Throughout his career, Judge Tyson has worked in private practice, as corporate counsel, and dedicated his life to public service, including roles as a judge advocate for the N.C. State Guard, a special deputy sheriff, a state probation and parole officer, and a certified public school teacher. Judge Tyson also chaired the State Ethics Commission and served on the State Property Tax Commission. He is a member of the state bars in North Carolina and Virginia, the U.S. District Court Bar for the Western and Eastern Districts of North Carolina, and a member of the U.S. Supreme Court bar, the U.S. Court of Appeals for the Fourth Circuit, and the Virginia Supreme Court.

Judge Tyson is a native of Cumberland County, and married to his wife, Kirby, with four children and four grandchildren.

MORE INFORMATION
The North Carolina Dispute Resolution Commission was established in October 1995, pursuant to N.C. Gen. Stat. § 7A-38.2. The Commission is charged primarily with certifying and regulating private mediators who serve the courts of this State. The Commission also recommends policy, rules, and rule revisions relating to dispute resolution in North Carolina's courts; provides support to court-based mediation programs; certifies mediation training programs; serves as a clearinghouse for information about court-based mediation programs; and assists other state agencies interested in or providing dispute resolution services to their constituencies.

CONTINUING TO DELIVER EXPEDIENT JUSTICE

Tyson Chamber’s 2017 statistics from the

N.C. Court of Appeals


Raleigh, NC - Judge John M. Tyson promised citizens to reduce delays for parties awaiting the outcome of their appeals, citing: “Justice delayed is justice denied”. Tyson was re-elected in 2014, after previously serving an eight-year term from 2001-2009, and returned to the North Carolina Court of Appeals in 2015. The Court of Appeals celebrated its 50 th Anniversary in 2017 and held numerous court sessions across North Carolina.

Judge Tyson has released updated statistics highlighting the total number of cases he heard and opinions he filed during the 2017 calendar year. In the 255 cases his panels heard, Tyson authored 85 majority opinions. He also filed 11 concurring and/or dissenting opinions, totaling 96 total opinions filed during 2017. His Chambers 2015 and 2016 statistics of consistent performance can be found here.

Of these opinions, which received further review in the  Supreme Court, 15 were affirmed or left undisturbed by the Supreme Court of North Carolina, and one was reversed. Two of Judge Tyson's dissenting opinions were adopted by the Supreme Court. One opinion, upholding a conviction for First Degree Murder, over a dissenting opinion was unanimously affirmed by the Supreme Court of North Carolina, and was further reviewed and left undisturbed by the Supreme Court of the United States.

Judge Tyson also announced his chamber’s average time between the dates the appeal was heard by the court, and his majority opinions being filed. Court policy allows up to 90 days for opinions to be filed after the appeal is heard by the court. Judge Tyson’s average time for his majority opinions from the hearing to the filing date during 2017 was 30 days.

“Our Chamber continues to achieve these results, with the cooperation of the other judges and staff at the N.C. Court of Appeals,” Tyson said. “Many parties have been awaiting the finality of their appeal for year or more since the trial court or agency entered its judgment and order. Efficiency, correctness and promptness promotes respect for the Judicial Branch.”

SPECIALIZED RE-CERTIFICATION ANNOUNCEMENT

JUDGE TYSON RE-CERTIFIED AS REAL PROPERTY SPECIALIST BY N.C. STATE BAR


Raleigh - North Carolina Court of Appeals Judge John M. Tyson has earned re-certification as a  Board Certified Specialist in Real Property Law – Business Commercial and Industrial Transactions from the N.C. State Bar Board of Legal Specialization.

Certification is based upon an extensive written examination, peer review and continued substantial involvement in the specialty area and Continuing Legal Education (CLE) classes. The re-certification is Judge Tyson’s third since he became a Board-Certified Specialist in 2001. Tyson is the only judge in North Carolina to earn and maintain this distinction, and is also one of only three attorneys from Cumberland County to earn the designation as a Board Certified Specialist in this area.

Judge Tyson also received confirmation that his Martindale-Hubbell AV-Preeminent peer reviewed rating was awarded for the tenth year. This rating is the highest possible rating in both Ethical Standards and Legal Ability awarded within the profession.

A native of Cumberland County, Judge Tyson also served as Chairman of the North Carolina Ethics Commission and was elected by voters statewide to serve a second eight-year term on the Court of Appeals in 2014.

Court of Appeals Special Session - Elon

North Carolina Court of Appeals Holds Special Session at Elon University School of Law


Greensboro - A three-judge panel of the North Carolina Court of Appeals held a special session at Elon University School of Law on March 7, 2017. Judge Richard Dietz, Judge Rick Elmore, and Judge John Tyson heard arguments in two cases. Following oral arguments, Chief Justice James Exum moderated a question and answer session during which Elon Law students were able to ask questions of the judges.

Court Of Appeals Special Session - Campbell

North Carolina Court of Appeals Holds Special Session at Campbell University School of Law


Raleigh - A three-judge panel of the North Carolina Court of Appeals held a special session at Campbell University School of Law on February 22, 2017. Law students had the opportunity to listen as attorneys presented arguments before Judge Ann Marie Calabria, Judge Donna Stroud, and Judge John Tyson. The next such special session will be held in early March at Elon University School of Law.

Promises Made
Performance Delivered

 

Tyson releases his chamber’s statistics from 2015 & 2016 Court of Appeals cases


Raleigh - Judge John M. Tyson promised voters to reduce delays for parties awaiting the outcome of their appeals, citing: “Justice delayed is justice denied.”  He released statistics from his chambers at the North Carolina Court of Appeals, highlighting the total number of cases he heard  and opinions he filed during the 2015 and 2016 sessions.

Judge Tyson also announced his chamber’s average time between the dates the case was heard and his opinion being filed. Court policy allows up to 90 days for opinions to be filed after the case is heard by the Court.

In the 254 cases he heard during the 2016 calendar year, Tyson penned 81 majority opinions, with an average time between the hearing and filing date of 24 days. He also filed five concurring and/or dissenting opinions so far in cases heard in 2016.

During the 2015 calendar year, Tyson heard 268 cases, writing 89 majority opinions. The average time between the hearing and filing date for 2015 was 32 days. He filed 12 concurring and/or dissenting opinions in 2015 cases.

“I am proud of the results my chambers achieved with the cooperation of the other judges and staff at the Court of Appeals,” Tyson said. “I am also proud for the Court of Appeals to hold court sessions at six North Carolina law schools in 2016 to help future  attorneys experience the Court’s proceedings.”

“ We appreciate the public’s and profession’s support.  I look forward to an equally productive 2017 serving  as a Judge on the Court of Appeals, “ he added.

Judges Take Campaign Road Trip

Four statewide judicial candidates made a stop this week in Rocky Mount as part of a campaign swing through Eastern North Carolina.

N.C. Supreme Court Justice Bob Hunter, Judge John M. Tyson, Judge Eric Levinson and Mike Robinson are taking a tour this week of 19 North Carolina cities and towns. The tour includes other stops in Wilmington, Jacksonville, New Bern, Greenville, Wilson, Smithfield, Goldsboro, Clinton, Dunn, Lillington, Sanford, Charlotte, North Wilkesboro, Yadkinville, Boone, Morganton, Waynesville and Hendersonville.

During the trip, the candidates are meeting with voters and members of the media as they conduct their statewide campaigns.

While judicial races are officially non-partisan, the four judicial candidates are all registered Republicans.

Hunter is seeking re-election to his seat on the N.C. Supreme Court, while Levinson, an appellate court judge, and Robinson, a Raleigh attorney, also are seeking seats on the state’s high court. Tyson of Fayetteville is running for a seat on the N.C. Court of Appeals, where he previously served from 2001-09.

Hunter faces challenger Sam J. Ervin IV for the seat on the bench he was appointed to in August by Gov. Pat McCrory. Levinson is challenging Justice Robin Hudson, while Robinson is challenging Justice Cheri Beasley.

Tyson is one of 19 candidates running to replace Judge John C. Martin, who unexpectedly announced his early retirement in August.

Article in Rocky Mount Telegram

NC Republican leaders back Tyson for appeals court

RALEIGH, N.C. — The state Republican Party is weighing in on a Court of Appeals race this November featuring 19 candidates by endorsing a former judge on the intermediate appeals court.

The party announced this week the GOP state executive committee agreed to support John Tyson for the seat vacated when Judge John Martin retired.

Party Chairman Claude Pope says there were a number of qualified Republican candidates, but party leaders decided to coalesce around the ex-judge to increase chances a Republican will win.

Tyson was elected to the court in 2000 and served for eight years. He was recently chairman of the State Ethics Commission.

The highest vote-getter of the 19 candidates wins the election. There is no runoff.


Read more by clicking here.

Candidacy to return to the N.C. Court of Appeals

Today, I have announced my candidacy to return to the N.C. Court of Appeals. Please see the attached release for more details. I will be on your ballot in November! Here is the official press release:


MEDIA RELEASE: August 6, 2014
Raleigh

Judge John M. Tyson files as a candidate for Judge of the Court of Appeals.

Judge John M. Tyson of Fayetteville today announced his candidacy to return to the North Carolina Court of Appeals, seeking a seat vacated last Friday by retired Judge Martin.


Tyson served on the Court of Appeals from 2001 until 2009, after winning a state-wide election for a seat in 2000. He continued to serve as a Recall Judge on the Court, and as an Emergency Superior Court Judge after receiving gubernatorial appointments until joining the State Ethics Commission.

Speaker of the House of Representatives Thom Tillis nominated Tyson to the State Ethics Commission in 2012, and his appointment was accepted by the state legislature. Gov. Pat McCrory appointed Tyson as chairman of the commission in December 2013. Tyson’s filing for election required him to resign his chairmanship to the Ethics Commission, which he completed earlier this week.

“I ask the voters to return me to the Court of Appeals in a full-time capacity to permit me to continue to serve the people of this state,” Tyson said. “I promise to uphold the Constitution and apply the laws in a fair and impartial manner for all the people of North Carolina.”

During his eight-year term on the N.C. Court of Appeals, Tyson reviewed and ruled on 2,523 appellate cases, and wrote over 1,000 majority, concurring and dissenting opinions for the Court.

Tyson has also previously served as an appointed member of the North Carolina Property Tax Commission, and was elected by his peers as both vice chairman and chairman of both the Cumberland County Joint Planning Board and the Cumberland Soil and Water Conservation District.

He has taught law at Campbell University’s Norman Adrian Wiggins School of Law since 1987, and serves as a frequent continuing legal education author and presenter, having published numerous scholarly law review and journal articles and presented thirty-seven comprehensive legal education manuscripts and seminars.

As a consistent advocate of life long learning, Tyson earned a Master of Laws in Judicial Process (LL.M.) from the University of Virginia School of Law (2004); a Master of Business Administration (M.B.A.) from Duke University (1988); a Juris Doctor (J.D.) with honors from Campbell University School of Law (1979--Member of the Charter Class); and a Bachelor of Arts (B.A.) in English and Secondary Education from the University of North Carolina at Wilmington (1974).

Tyson holds the highest AV Pre-Eminent peer reviewed rating from Martindale Hubbell. He is married to his wife, Kirby, since 1975. They are proud parents of four children and three grandchildren.