Robert C. Ervin (born 1960) is a

North Carolina Superior Court The Superior Court is North Carolina's general jurisdiction trial court. It was established in 1777 and is North Carolina's oldest court. History The Superior Court is North Carolina's oldest court. It was established by a law passed on November 1 ...

judge who has presided over numerous high-profile cases. He is the grandson of U.S. Senator

Sam J. Ervin Samuel James Ervin Jr. (September 27, 1896April 23, 1985) was an American politician who served as a U.S. Senator from North Carolina from 1954 to 1974. A Southern Democrat, he liked to call himself a "country lawyer", and often told humorous sto ...

, the son of U.S. Court of Appeals Judge Samuel James Ervin III and the brother of state Supreme Court Justice Sam J. Ervin IV.Charlotte Observer: Inside Courtroom 5370: The legal drama begins Monday
(August 3, 2015).

Early life and education

Ervin is a native of

Morganton, North Carolina Morganton is a city in and county seat of Burke County, North Carolina, United States. It is located in the foothills of the Blue Ridge Mountains along the Catawba River. The population was 17,474 at the 2020 census. Morganton is approximately ...

, graduating from Freedom High School. He went on to graduate from

Davidson College Davidson College is a Private college, private Liberal arts colleges in the United States, liberal arts college in Davidson, North Carolina, United States. It was established in 1837 by the Concord Presbytery and named after American Revolutiona ...

with a Bachelor of Arts degree in 1982, and from

Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...

with a

juris doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...

degree in 1985. He was admitted to the bar in North Carolina in 1985.

Career

After practicing law in Charlotte for several years, Ervin joined the Morganton law firm that became known as Byrd, Byrd, Ervin, Whisnant, McMahon and Ervin. He practiced with that firm from 1988 until shortly after he was elected to an eight-year term as a Superior Court judge by voters in District 25A (

Burke Burke (; ) is a Normans in Ireland, Norman-Irish surname, deriving from the ancient Anglo-Norman and Hiberno-Norman noble dynasty, the House of Burgh. In Ireland, the descendants of William de Burgh (''circa'' 1160–1206) had the surname'' de B ...

and

Caldwell Caldwell may refer to: People * Caldwell (surname) * Caldwell (given name) * Caldwell First Nation, a federally recognized First Nation in southern Ontario, Canada Places Great Britain * Caldwell, Derbyshire, a hamlet * Caldwell, Ea ...

counties) in 2002.Morganton News-Herald: Judge Ervin will seek re-election to the bench
(Feb. 8, 2010). The North Carolina Advocates for Justice named Ervin "Outstanding Trial Judge of the Year" in 2008. He also was appointed by the chief justice of the

North Carolina Supreme Court The Supreme Court of the State of North Carolina is the state of North Carolina's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists ...

to serve on the Indigent Defense Services Commission and the Rural Courts Commission. In 2009, Ervin was one of three candidates recommended by U.S. Senator

Kay Hagan Janet Kay Hagan (née Ruthven; May 26, 1953 – October 28, 2019) was an American lawyer, banking executive, and politician who served as a United States Senate, United States Senator from North Carolina from 2009 to 2015. A member of the Democr ...

to the President for appointment as a judge of the

United States District Court for the Western District of North Carolina The United States District Court for the Western District of North Carolina (in case citations, W.D.N.C.) is a United States district court, federal district court which covers the western third of North Carolina. Appeals from the Western Distr ...

.Morganton News-Herald: Ervin up for federal judge position
(Oct. 18, 2009). The appointment eventually went to Max O. Cogburn Jr. Ervin and fellow District 25A Superior Court Judge Beverly Beal were re-elected without opposition in 2010. He was re-elected without opposition again in 2018. Among his most notable cases has been the trial of police officer Randall Kerrick for the

shooting of Jonathan Ferrell On September 14, 2013, Jonathan Ferrell (born October 11, 1988), a 24-year-old former college football player for the Florida A&M University Rattlers was involved in a car crash. When police arrived, he ran towards them and was shot by police ...

.Charlotte Observer: Trial date and judge picked for Charlotte police shooting trial
(Jan. 20, 2015). The case ended in a mistrial. He also presided over legal proceedings regarding the control of the

Charlotte Douglas International Airport Charlotte Douglas International Airport is an international airport serving Charlotte, North Carolina, United States, located roughly west of the city's central business district. Charlotte Douglas is the primary airport for commercial and m ...

. He handled the case in which

Bruton Smith Ollen Bruton Smith (March 3, 1927 – June 22, 2022) was an American motorsports executive and businessman. He was best known as the owner of two public companies, Speedway Motorsports, Inc. (SMI) and Sonic Automotive. Smith held the positions ...

sued

Cabarrus County Cabarrus County ( )Talk Like a Tarheel
, from the North Carolina ...

over economic incentives. The ''Charlotte Observer'' wrote that Ervin is "well-known...for his calm bench demeanor." In 2007, Ervin ordered a new trial for death row inmate Glen Edward Chapman, finding that "law enforcement officials withheld evidence, used false testimony, and misplaced or destroyed important documents that could have supported Chapman's innocence claim." Chapman was eventually freed after his murder charges were dismissed. Ervin dismissed a 2016 suit filed by two former

University of North Carolina at Chapel Hill The University of North Carolina at Chapel Hill (UNC, UNC–Chapel Hill, or simply Carolina) is a public university, public research university in Chapel Hill, North Carolina, United States. Chartered in 1789, the university first began enrolli ...

student-athletes against the university, alleging fraud in connection with "bogus" classes (see " University of North Carolina academic-athletic scandal").ABC11: Judge dismisses former UNC athletes' lawsuit against the university's 'bogus classes'
(Feb. 19, 2016).

Personal life

Ervin and his wife, Dana Miller Ervin, have two daughters. He is a member of First Presbyterian Church of Morganton and is the former president of

Habitat for Humanity Habitat for Humanity International (HFHI), generally referred to as Habitat for Humanity or Habitat, is a U.S. non-governmental, and tax-exempt 501(C)(3) Christian nonprofit organization which seeks to build affordable housing. The international ...

of Burke County.

References

{{DEFAULTSORT:Ervin, Robert Living people Davidson College alumni Harvard Law School alumni North Carolina state court judges North Carolina lawyers People from Morganton, North Carolina 1960 births