Judge Justin Brackett

Judge Justin Brackett Proudly serving the citizens of Cleveland and Lincoln County as their District Court Judge

Operating as usual

In East Lincoln today supporting our local and statewide Conservative Judicial candidates! Great turnout and an even bet...
10/24/2020

In East Lincoln today supporting our local and statewide Conservative Judicial candidates! Great turnout and an even better response! Voters are excited to elect judges who follow the law and don’t legislate from the bench! #ncconservativejudges #therightjudges

Spending this afternoon in my hometown of Boiling Springs greeting voters! Kristin and I added 2 more votes for Conserva...
10/23/2020

Spending this afternoon in my hometown of Boiling Springs greeting voters! Kristin and I added 2 more votes for Conservative Judges this morning, hoping we can add several more this afternoon! #ncconservativejudges #therightjudges #keepjudgebrackett

When I first ran for District Court Judge in 2016, I promised to be a Constitutional Conservative jurist who was tough o...
10/15/2020

When I first ran for District Court Judge in 2016, I promised to be a Constitutional Conservative jurist who was tough on crime and fair to all who appeared before me. Four years later, I am proud to still stand for those principles, and I am honored to be endorsed by the North Carolina Police Benevolent Association, our state's largest law enforcement association. I greatly appreciate the hard work, professionalism, and dedication of all of our men and women in law enforcement and I am humbled by their continued support!

It’s Yard Sign Time! If you would like a Justin Brackett for Judge sign for your yard, send me a message with your addre...
09/29/2020

It’s Yard Sign Time! If you would like a Justin Brackett for Judge sign for your yard, send me a message with your address and I’ll deliver it to you as soon as possible. I’m proud to serve the people of this district, and I would be honored to have my friends show their continued support of me!

You can also pick up my signs at the Cleveland County GOP headquarters (310 S. Lafayette St, Shelby) and the Lincoln County GOP headquarters (417 E. Main St., Lincolnton).

Thank you all so much for your support!!!

Judge Justin Brackett's cover photo
09/09/2020

Judge Justin Brackett's cover photo

Judge Justin Brackett
08/30/2020

Judge Justin Brackett

08/13/2020
Cleveland County Courthouse - 27B Judicial District

The Cleveland County Courthouse is closed effective at noon today for cleaning. All court hearings are cancelled.

We will resume normal operations Monday morning at 8:30 a.m.

NOTICE: Effective immediately, the Cleveland County Courthouse will be closed to the public and all court personnel for all court matters through Friday, August 14th, 2020 for cleaning.

The Cleveland County Sheriff's office will remain open to Cleveland County citizens during this time period.

Emergency filings can be taken to:

Cleveland County Magistrates Office - ANNEX
407 McBrayer Street
Shelby, NC 28150

Phone: 704-480-2892

08/13/2020
Lincoln County Courthouse - 27B Judicial District

Lincoln County Courthouse - 27B Judicial District

⚠️ Effective at 5:00pm, the Lincoln County Courthouse will be closed to all court personnel and the public on Thursday, August 13th & Friday, August 14th for cleaning. ⚠️

Emergency filings can be taken to the following location:

Lincoln County Magistrate's Office - ANNEX
700 John Howell Memorial Drive
Lincolnton, NC 28092
Phone: (704) 742-7819

I am often asked why it is so important that we elect Constitutional Conservative judges.  My response is simple: becaus...
08/06/2020

I am often asked why it is so important that we elect Constitutional Conservative judges. My response is simple: because of the moment we are living in right now. Never has it been more important to have Constitutional Conservatives on the bench at every level of our judicial branch than at this moment in our nation’s history.

The United States is a nation of laws, the most paramount of which being the Constitution. The same can be said for the State of North Carolina. Both our U.S. and N.C. Constitutions enumerate the rights of our citizens and protect us from the overreaches of tyrannical governments at the federal, state, and local level. When any government seeks to infringe upon the Constitutionally protected rights and liberties of its citizens, it is the responsibility of the Courts to protect the rights of the individual and ensure that the government’s actions are narrowly tailored to a compelling government interest. While the current pandemic may have provided our leaders with justifiable concerns about the safety of our citizens, it does not give the government unchecked authority to infringe upon the constitutional rights of those same citizens. Some of our citizens and leaders seem to feel that the health and safety of the populace is paramount to all other considerations, but this is not and cannot be true. To quote the opinion of U.S. District Court Judge James Dever in a case decided a few months ago, “there is no pandemic exception to the Constitution.” As Americans and North Carolinians, without our rights, we have nothing. If our Constitutions become nothing more than recommendations that can be set aside any time the government unilaterally determines that an emergency threatens the health, safety, and well-being of citizens, then our citizens will have more to fear from their government than they ever do from any emergency situation.

This is why it is so vital that we have judges who zealously follow the law at each level of our judicial system. The last line of defense for our Constitutional rights and liberties is in our courtrooms. To quote Alexander Hamilton, "[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing … To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid …" We must have judges who apply the facts of the case to the applicable law and rule accordingly. Nothing more, nothing less.

As a trial court judge, I can attest that this is often difficult. I frequently reference Justice Neil Gorsuch, who said that any judge who likes 100% of the decisions he or she makes is not following the law. Every day I must do things as a Judge that I do not like, but I do them because the law requires it of me. I swore an oath of uphold the Constitution and laws of the United States and of North Carolina. If I don’t like the law, the proper method for dealing with it is to change the law through the electoral and legislative process, not by judicial decree.

At this time in our history, we need judicial leaders who are strong Constitutional Conservatives, who will protect our God-given rights and freedoms, and who will follow the law as it is written. That is why I am proud to support the entire Republican ticket for N.C. Supreme Court and N.C. Court of Appeals, as well as the entire Republican ticket for District Court in Cleveland and Lincoln counties. I know each of these judges and candidates personally, and I can promise you that each of them will fight to protect our Constitutional rights and liberties above all else.

This November, please join me in protecting our Constitution by electing this impressive slate of Constitutional Conservatives to our North Carolina benches:

Supreme Court:
Chief Justice - Justice Paul Newby
Seat 2 - Judge Phil Berger, Jr.
Seat 4 - Tamara Barringer

Court of Appeals:
Seat 4 - Judge April Wood
Seat 5 - Judge Fred Gore
Seat 6 - Judge Chris Dillon
Seat 7 - Judge Jeff Carpenter
Seat 13 - Judge Jefferson Griffin

District Court Judges (District 27B – Cleveland and Lincoln Counties):
Seat 3 - Judge Jeannette Reeves
Seat 4 - Brad Champion
Seat 5 - Jamie Hodges
Seat 6 - Judge Justin Brackett

03/19/2020
Judge Justin Brackett

Court updates

***Update on District and Magistrate Court proceedings for District 27B - Lincoln and Cleveland Counties***

We’re on day 3 of the coronavirus shutdown and I’m still receiving a lot of questions from attorneys and the public regarding what is and is not happening in court during the shutdown. So I thought I would try to summarize it as best as I can to hopefully give everyone a better understanding of what’s going on.

*Magistrate Court - all small claims and eviction actions are delayed until at least April 17 (could be longer if the Chief Justice’s order is extended). Magistrates will still be available to issue warrants for arrest (24/7) and domestic violence orders after hours.

*District Criminal Court - all pending criminal matters in District Court where the Defendant is NOT in custody will automatically be continued until after April 17. The District Attorney’s offices in both counties are working tirelessly to continue these cases. NO ORDERS FOR ARREST/FTAs will be issued during this time. You will receive new court dates at your address listed on your citation/summons/warrant. Please call the DA’s office or the clerk’s office in the coming weeks to find out your new court dates or if you have any questions.

In cases where the Defendant is in jail, if the Defendant wishes to plead out or if the parties agree to a bond modification, those matters are being heard first thing each morning in our video courts in each respective county. At the request of the Sheriffs, the judges and the District Attorneys are working to impose reasonable bonds that protect our communities while also helping to keep our jail populations as low as possible. I promise you that dangerous criminals are not being returned to the streets as a result of these actions! But in cases where the defendant’s charges do not lead to increased danger to our community, we are working to help our Sheriffs maintain a working jail free of overcrowding, which would greatly increase the likelihood of communal spread of COVID 19 to the inmates AND our law enforcement officers, jailers, and jail staffs.

*Domestic Court - As a general rule, all domestic cases are being continued until at least April 17. As such, all divorce, alimony, child support, property distribution, and most child custody matters will have to be renoticed for terms of court after April 17. It is the responsibility of parties and their attorneys to file new Notices of Hearing in their cases. Neither the Clerk’s offices nor the judges’ office will set these matters for you. However, if there is a TRUE emergency situation involving child custody, a judge is available in each county to hear these petitions for emergency relief. If an emergency order is granted, the judge will set a review date for the matter within 10 days. All emergency custody reviews will be held as soon as criminal video court ends each morning. Plan to be at the courthouse no later than 9:30 am and ask the bailiffs at the door where those reviews are being held.

*DSS Court - as required, judges will continue to review all initial nonsecure custody orders within 7 days, with reviews occurring on Tuesday morning in Lincoln County and Wednesday morning in Cleveland County. Again, these will be heard after criminal video court and you should arrive no later than 9:30 am for your hearing. All other DSS hearings, including adjudication hearings, disposition hearings, permanency planning hearings, and TPRs will be continued until after April 17.

*Child Support IVD Court - unless the defendant is in jail, all child support cases, including establishment, modification, and contempt matters are continued until after April 17. You will receive notices of hearing in the mail with your new court dates. Please contact your child support worker at DSS if you have any questions about your new court date. When the defendant is being held in custody for child support contempt, those matters will be heard after criminal video court on Wednesday morning in Lincoln County, and on Tuesday and Thursday mornings in Cleveland County, as necessary.

*Juvenile Delinquency Court - all delinquency and undisciplined cases, except secure custody and probable cause hearings, are continued until after April 17. Secured custody and probable cause hearings will be held as necessary. The District Attorney’s offices are working to reschedule all other hearings.

*Domestic Violence Court - A Judge will be available in each county during regular hours each business day to hear petitions for ex-parte 50Bs and 50Cs. Required reviews will be set within 10 days. These reviews will begin each day after video criminal court concludes, so please arrive no later than 9:30 am.

These are uncharted waters for all of us, and we are attempting to best serve our community during this time while also protecting the health of the public and our staff. Please be patient with us as we work through these matters. Once normal court schedules resume, I also ask for your patience as we will be dealing with an enormous amount of backlog.

I, and each of your District Court Judges, are committed to providing fair, efficient justice to all of our citizens, and that dedication has not diminished. We will weather these challenges.

If you have any questions, please do not hesitate to contact me. May God bless each of you during these trying times and thank you again for allowing me to continue to serve you!

Justin Brackett
District Court Judge

03/19/2020

***Update on District and Magistrate Court proceedings for District 27B - Lincoln and Cleveland Counties***

We’re on day 3 of the coronavirus shutdown and I’m still receiving a lot of questions from attorneys and the public regarding what is and is not happening in court during the shutdown. So I thought I would try to summarize it as best as I can to hopefully give everyone a better understanding of what’s going on.

*Magistrate Court - all small claims and eviction actions are delayed until at least April 17 (could be longer if the Chief Justice’s order is extended). Magistrates will still be available to issue warrants for arrest (24/7) and domestic violence orders after hours.

*District Criminal Court - all pending criminal matters in District Court where the Defendant is NOT in custody will automatically be continued until after April 17. The District Attorney’s offices in both counties are working tirelessly to continue these cases. NO ORDERS FOR ARREST/FTAs will be issued during this time. You will receive new court dates at your address listed on your citation/summons/warrant. Please call the DA’s office or the clerk’s office in the coming weeks to find out your new court dates or if you have any questions.

In cases where the Defendant is in jail, if the Defendant wishes to plead out or if the parties agree to a bond modification, those matters are being heard first thing each morning in our video courts in each respective county. At the request of the Sheriffs, the judges and the District Attorneys are working to impose reasonable bonds that protect our communities while also helping to keep our jail populations as low as possible. I promise you that dangerous criminals are not being returned to the streets as a result of these actions! But in cases where the defendant’s charges do not lead to increased danger to our community, we are working to help our Sheriffs maintain a working jail free of overcrowding, which would greatly increase the likelihood of communal spread of COVID 19 to the inmates AND our law enforcement officers, jailers, and jail staffs.

*Domestic Court - As a general rule, all domestic cases are being continued until at least April 17. As such, all divorce, alimony, child support, property distribution, and most child custody matters will have to be renoticed for terms of court after April 17. It is the responsibility of parties and their attorneys to file new Notices of Hearing in their cases. Neither the Clerk’s offices nor the judges’ office will set these matters for you. However, if there is a TRUE emergency situation involving child custody, a judge is available in each county to hear these petitions for emergency relief. If an emergency order is granted, the judge will set a review date for the matter within 10 days. All emergency custody reviews will be held as soon as criminal video court ends each morning. Plan to be at the courthouse no later than 9:30 am and ask the bailiffs at the door where those reviews are being held.

*DSS Court - as required, judges will continue to review all initial nonsecure custody orders within 7 days, with reviews occurring on Tuesday morning in Lincoln County and Wednesday morning in Cleveland County. Again, these will be heard after criminal video court and you should arrive no later than 9:30 am for your hearing. All other DSS hearings, including adjudication hearings, disposition hearings, permanency planning hearings, and TPRs will be continued until after April 17.

*Child Support IVD Court - unless the defendant is in jail, all child support cases, including establishment, modification, and contempt matters are continued until after April 17. You will receive notices of hearing in the mail with your new court dates. Please contact your child support worker at DSS if you have any questions about your new court date. When the defendant is being held in custody for child support contempt, those matters will be heard after criminal video court on Wednesday morning in Lincoln County, and on Tuesday and Thursday mornings in Cleveland County, as necessary.

*Juvenile Delinquency Court - all delinquency and undisciplined cases, except secure custody and probable cause hearings, are continued until after April 17. Secured custody and probable cause hearings will be held as necessary. The District Attorney’s offices are working to reschedule all other hearings.

*Domestic Violence Court - A Judge will be available in each county during regular hours each business day to hear petitions for ex-parte 50Bs and 50Cs. Required reviews will be set within 10 days. These reviews will begin each day after video criminal court concludes, so please arrive no later than 9:30 am.

These are uncharted waters for all of us, and we are attempting to best serve our community during this time while also protecting the health of the public and our staff. Please be patient with us as we work through these matters. Once normal court schedules resume, I also ask for your patience as we will be dealing with an enormous amount of backlog.

I, and each of your District Court Judges, are committed to providing fair, efficient justice to all of our citizens, and that dedication has not diminished. We will weather these challenges.

If you have any questions, please do not hesitate to contact me. May God bless each of you during these trying times and thank you again for allowing me to continue to serve you!

Justin Brackett
District Court Judge

Address

100 Justice Place
Shelby, NC
28150

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Comments

Very proud of my friend Justin. He is fair and honest which we need more of on the bench in N.C.
I'm so proud of you Justin! I'm thankful that you are a Christian,and how the Lord Jesus Christ has been with you!