Remarks for Secretary Tippett
Judge Sam J. Ervin III Freeway Dedication
Friday, May 5 at 10 a.m.
Morganton
Introduction
Thank you, Alan, for that introduction and for your ongoing service representing this area of the state on the Board of Transportation.
Mrs. Ervin, Betsy, Bob and Jimmy as well as other members of the Ervin family and friends, thank you for inviting me today.
I would also like to thank Western Piedmont Community College for hosting us here on this beautiful campus.
I certainly understand why Judge Ervin would customarily roll his car windows down and take a deep breath upon entering Burke County.
From the majestic views of the mountains to the pristine beauty of Lake James and the rugged beauty of Linville Gorge, there is something truly special and unique about Burke County.
This is also true of the county's citizens and, in particular, the man we honor today, Judge Sam J. Ervin III.
Throughout our state, highways and bridges are dedicated to North Carolinians who stand out among their fellow citizens for their service to others.
These citizens have proven themselves as leaders and have made lasting contributions to the culture and quality of life we enjoy in this state.
Today, I am pleased to be with you as we add to this distinguished honor roll of public servants by dedicating I-40 from Exit 103 to Exit 105 in Morganton for Judge Ervin.
This is indeed a fitting tribute to a man who spent his life serving others in so many different capacities.
Judge Ervin's Early Life
A native of Morganton, Judge Ervin graduated from Morganton High School in 1943.
Shortly after enrolling in Davidson College, he entered the U.S. Army, where he served throughout the world including Japan after the end of World War II.
Upon his return to North Carolina, Judge Ervin continued his studies at Davidson, graduating in 1948 with a bachelor of science degree.
Continuing his education at Harvard Law School, Judge Ervin earned a Juris Doctor in 1951.
Shortly thereafter, his nation again called upon him to serve in the Army during the Korean War. During this tour of duty, he was stationed in several locations, most notably, Greenland.
I can imagine he took an extra deep breath upon returning to Morganton from that particular assignment. It was probably just a little bit warmer here, too.
Ervin the Lawyer
After leaving active duty in 1952, Judge Ervin joined the Judge Advocate General's Corps of the North Carolina National Guard.
At the same time, he also entered private practice. His first case involved defending a man who was accused of letting his chickens run loose contrary to local regulations.
Judge Ervin's career has certainly came a long way from there.
He also worked briefly as a prosecutor in the Burke County criminal court before joining a well-known western North Carolina law firm in 1956.
From then, until he was appointed a judge, he represented a wide variety of clients in both civil and criminal cases.
Ervin the Politician
Following in his father's footsteps, Judge Ervin soon became interested in politics and was elected to the N.C. House of Representatives in 1964 where he represented the citizens of Burke County for one term.
While in Raleigh, he had a key assignment serving on the Appropriations Committee.
When asked to run for U.S. Senate in 1978, Judge Ervin declined, feeling that his place of public service had now become the courtroom.
Judge
During the late 1960s, North Carolina's judicial system changed with the creation of an intermediate appellate court by the General Assembly.
The Burke County Superior Court judge at the time was appointed to fill one of the seats on the new court.
In turn, Judge Ervin was appointed by Gov. Dan Moore to fill the Superior Court vacancy.
Over the next 13 years, Judge Ervin served in that capacity, earning a reputation for being fair and impartial, and keeping his cool even during the toughest trials.
Because he possessed these traits, he was frequently assigned to preside over high-profile and controversial cases.
He continued to serve in this capacity until 1980, when he was appointed by President Jimmy Carter to serve on the United States Court of Appeals for the Fourth Circuit.
Throughout his time on the federal bench, Judge Ervin earned a deep respect from his law clerks, whom he often referred to as his adopted children.
Stories from these aides tell of his down-to-earth nature, love for life and sense of humor.
One particular story involves two clerks who would shoot a foam basketball in the office to relieve stress.
While "shooting hoops" one day shortly before a trial, Judge Ervin walked in dressed in his formal black robe.
He took the ball, ran for the net with his robes flapping, leaped into the air and dunked the ball into the net. In the style of a television sportscaster, he then proclaimed, "It's Doctor J!"
Only moments later, he entered the courtroom with all seriousness as the two clerks struggled to maintain composure.
Judge Ervin felt so at home in the Fourth Circuit, that he continued there until his passing in 1999. He also served as Chief Judge of the Circuit from 1986-1993.
Ervin's Private Life
In addition to his public role, I have learned that away from the bench Judge Ervin enjoyed a rich personal life filled with family, faith and community service.
Family always played a central role in his life and he was surrounded by a large extended family.
No doubt, Judge Ervin's interests in law and politics were sparked by his father, who himself was a judge and public official.
Sam Ervin Jr. encouraged his siblings to expand their minds by starting political discussions at the dinner table and then playing the role of devil's advocate to any position they took.
Ervin's mother, Margaret, also taught him the importance of kindness, character and integrity, traits he passed on to his own family.
His wife Betty was near and dear to him and his steady support through the years, and all his children, Betsy, Margaret, Bob and Jimmy were such an important part of his life.
Judge Ervin's devotion to his family also extended to his faith.
As an active member of Morganton First Presbyterian Church, he taught Sunday School as well as served on various boards and committees through the years.
Additionally, he served in the Presbytery as a member of regional committees and on the denomination's General Assembly Council.
Aside from his family and faith, Judge Ervin was a leader in the community, serving as a
member of the Davidson College Board of Trustees, president of the Davidson College Alumni Association and a member of the Grace Hospital Board of Trustees.
Through his many years of public service, it is evident that he touched the lives of many citizens.
In fact, shortly after his passing, friends and colleagues gathered together to create a 79-page tribute book in his honor.
The pages of that publication are filled with stories and recollections that describe Judge Ervin's humility, love for life and deep concern for others.
In fact, these are the attributes that people talk of most when asked about him.
And that is no surprise, considering his exuberant personality and great sense of humor.
It is certainly clear that he had a tremendously positive affect on those who knew him and is greatly missed by this entire community.
I imagine that almost everyone here today has a story they could share of how Judge Ervin touched their lives.
Like him, I-40 is at the heart of Morganton and Burke County and is a part of the daily lives of this community's citizens.
Also, just as I-40 is a tremendous influence on the nation's transportation system, Judge Ervin's decisions on the federal bench greatly influenced the nation's citizens.
From today on, the Judge Sam J. Ervin III Freeway will serve as a reminder of his life and legacy.
At this time I would like to invite Betty Ervin, Judge Ervin's wife, as well as his children Betsy, Bob and Jimmy to come forward.
On behalf of the North Carolina Department of Transportation, I have the honor of presenting you with this replica sign in honor of Judge Ervin's years of service to the citizens of Morganton, Burke County, North Carolina and our nation.
Thank you.
Jimmy, I understand that you would like to say a few words on behalf of the family.